ORS § 98.319 — OR Code / Title 10 / Chapter 98 / Section 98.319
98.319 U.S. savings bonds presumed abandoned
Status: in_force

(1) As used in this section, “U.S. savings bonds” or “bonds” means:

(a) U.S. savings bonds, series A, B, C, D, E, F, G, H, J and K, and U.S. savings notes, governed by 31 C.F.R. 315;

(b) Definitive United States savings bonds, series EE and HH, governed by 31 C.F.R. 353; and

(c) Definitive United States savings bonds, series I, governed by 31 C.F.R. 360.

(2) Notwithstanding any other provision of law, U.S. savings bonds subject to the custody of the State of Oregon as unclaimed property shall escheat to the state in accordance with this section.

(3) The holder of U.S. savings bonds presumed abandoned under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) shall report, and deliver possession of, the bonds to the State Treasurer.

(4) After obtaining possession of the U.S. savings bonds under subsection (3) of this section, the State Treasurer shall cause:

(a) Each person listed on the face of the bonds, each apparent owner of the bonds and each person otherwise appearing to be an owner of the bonds to be contacted at the last-known address of the person; and

(b) Notice of the bonds to be published of the bonds in such form as in the discretion of the State Treasurer is most likely to attract the attention of all persons having a legal or beneficial interest in the bonds.

(5) The notice required under subsection (4)(b) of this section must contain the following information:

(a) The name of each person described in subsection (4)(a) of this section;

(b) The last-known address or location of each person described in subsection (4)(a) of this section, if known by the State Treasurer;

(c) A statement explaining that the U.S. savings bonds are presumed to be abandoned and have been taken into the protective custody and possession of the State Treasurer;

(d) A statement that information about the U.S. savings bonds can be obtained upon inquiry to the State Treasurer at any time by any person having a legal or beneficial interest in the bonds;

(e) A statement that a claim for the U.S. savings bonds may be made under ORS 98.392 (Claiming unclaimed property) and 98.396 (Determination of claim) ;

(f) A description of the escheat proceedings under this section; and

(g) Any other information the State Treasurer considers appropriate or necessary to locate all persons having a legal or beneficial interest in the bonds.

(6) The State Treasurer shall create and maintain on the official website of the State Treasurer a webpage on which the public may obtain information about U.S. savings bonds in the custody and possession of the State Treasurer as unclaimed property.

(7) If no person has been identified as the owner of U.S. savings bonds within three years after the first public notice provided under subsection (4)(b) of this section with respect to the bonds:

(a) Title to the bonds shall vest in the State of Oregon; and

(b) The State Treasurer may seek an order from the Marion County Circuit Court escheating the bonds to the State of Oregon.

(8) The Marion County Circuit Court shall issue an order escheating U.S. savings bonds to the State of Oregon if the court determines that:

(a) With respect to the bonds, all provisions of this section have been complied with; and

(b) The bonds:

(A) Have, within the meaning of the applicable federal regulations, reached the final extended maturity date or the final maturity, or have stopped earning interest;

(B) Are in the possession of the state; and

(C) Have been abandoned by all persons entitled to payment for the bonds under the applicable federal regulations.

(9) Intentionally left blank —Ed.

(a) Upon issuance of an order of escheat with respect to U.S. savings bonds, the State Treasurer may apply to the United States Treasury for payment to the state for the bonds.

(b) ORS 98.386 (Deposit of funds) applies to any payments received by the state pursuant to this subsection.

(10) This section does not apply to a claim of title by the state to U.S. savings bonds as heir to a deceased owner. [2018 c.95 §2; 2019 c.678 §80]

Source: Section 98.319 — U.S. savings bonds presumed abandoned; escheat proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.010 — OR Code / Title 10 / Chapter 93 / Section 93.010
93.010 Conveyances, how made
Status: in_force

Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person of lawful age from whom the estate or interest is intended to pass, or by the lawful agent or attorney of the person, and acknowledged or proved, and recorded without any other act or ceremony. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 §4]

Source: Section 93.010 — Conveyances, how made , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 93.140 — OR Code / Title 10 / Chapter 93 / Section 93.140
93.140 Implied covenants
Status: in_force

No covenant shall be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 (Warranty deed form) to 93.870 (Statutory deed forms optional) . [Amended by 1973 c.194 §6]

Source: Section 93.140 — Implied covenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.565 — OR Code / Title 10 / Chapter 105 / Section 105.565
105.565 Complaint
Status: in_force

(1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS 105.580 (Order of abatement) (2).

(2) The complaint shall be served on owners of record as provided in ORCP 7. No service need be made prior to an application for a temporary restraining order, provided the procedures of ORCP 79 B are followed with regard to all persons entitled to service under this section.

(3) Except in those cases tried in the small claims department of a circuit court, any party may demand a trial by jury in any action brought under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) .

(4) On the issue of whether property is used in violation of ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) , evidence of its general reputation and the reputation of persons residing in or frequenting it shall be admissible. [1989 c.846 §5; 1999 c.168 §2; 2015 c.136 §4]

Source: Section 105.565 — Complaint; service; jury trial; admissibility of reputation as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.045 — OR Code / Title 10 / Chapter 105 / Section 105.045
105.045 Action not prejudiced by alienation by person in possession
Status: in_force

An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such person, either before or after the commencement of the action. If the alienation is made after the commencement of the action, and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.

Source: Section 105.045 — Action not prejudiced by alienation by person in possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.725 — OR Code / Title 10 / Chapter 97 / Section 97.725
97.725 Disposal of unclaimed burial spaces
Status: in_force

(1) As used in this section, “unclaimed burial space” means a burial space in a cemetery:

(a) That has not been used for purposes of interment for at least 75 years by the record owner of the burial space or by a party claiming through the record owner of the burial space; and

(b) For which the cemetery authority has no record of any verbal or written contact for a period of at least 75 years with the record owner of the burial space or with a party claiming through the record owner of the burial space.

(2) Notwithstanding ORS 97.630 (Family plots) or 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) , a cemetery authority may dispose of unclaimed burial spaces as described in subsections (3) to (7) of this section.

(3) The cemetery authority shall prepare an inventory describing the unclaimed burial spaces, including the purchase date and record owner of each unclaimed burial space as shown in the records of the cemetery.

(4) The governing body of the cemetery authority shall adopt a predisposition resolution approving the inventory prepared under subsection (3) of this section and directing the officers of the cemetery authority to dispose of the unclaimed burial spaces as provided in this section.

(5) The cemetery authority shall:

(a) Send, by certified mail, return receipt requested, a notice containing a description of the unclaimed burial space and the address and telephone number of the cemetery authority, in substantially the form set forth in subsection (10) of this section, to the last-known address of the record owner of each unclaimed burial space described in the inventory and to the last-known address of any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces described in the inventory.

(b) Post the notice for at least four weeks at the cemetery containing the unclaimed burial spaces in a place reasonably likely to provide notice to owners of the burial spaces.

(c) Publish the notice in a newspaper of general circulation in the area of the cemetery authority for at least four successive weeks.

(d) Provide notice by telephone and electronic mail, if telephone or electronic mail contact information is available, to the record owner of each unclaimed burial space and to any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces.

(6) If, within 120 days after the date of the notice described in subsection (5) of this section, a person makes a claim with the cemetery presenting documentation that the person is the lawful owner or holds a security interest in an unclaimed burial space described in the inventory, the cemetery authority shall, during the 30 days following the expiration of the 120-day period described in this subsection:

(a) Approve the claim and execute an instrument transferring the right of interment in the burial space to the claimant; or

(b) Notify the claimant that the cemetery authority denies the claim.

(7) If a cemetery authority denies a claim under subsection (6) of this section, the claimant may, within 30 days after the date of the denial, file a petition seeking return of the unclaimed burial space in the circuit court for the county in which the cemetery authority is located. If a petition is filed, the cemetery authority shall hold the unclaimed burial space until the court issues an order directing disposition of the unclaimed burial space. If the court grants the petition, the cemetery authority shall execute an instrument transferring the right of interment in the burial space to the claimant.

(8) If, 120 days after the date of the notice described in subsection (5) of this section, no person has made a claim with the cemetery authority with regard to an unclaimed burial space described in the notice, or if the court denies with prejudice a petition filed under subsection (7) of this section, the governing body of the cemetery authority may adopt a resolution declaring the unclaimed burial space to be abandoned. Upon adoption of the resolution, title to an abandoned burial space passes to the cemetery authority free of any right, title, estate, lien or ownership interest held by any other person. The cemetery authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of this state or any political subdivision of this state whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the cemetery authority under this section.

(9) If, within one year after adoption of a resolution under subsection (8) of this section, a person files a claim with the cemetery authority that presents proof satisfactory to the cemetery authority that the person’s ownership of or security interest in an abandoned burial space was extinguished by the resolution, the cemetery authority shall provide the claimant with a reasonably comparable burial space within 30 days after the claimant makes the claim.

(10) The notice required by subsection (5) of this section must be in substantially the following form:

_________ (DATE)

_______________ (name of cemetery authority) has identified the following unclaimed burial spaces in ____________ (name of cemetery):

______________________

______________________

(Description of unclaimed burial spaces, including purchase date and record owner)

If you have any right, title, estate, lien or ownership interest in any of the unclaimed burial spaces described above, you must file a claim with (name of cemetery authority) within 120 days of the date of this notice or you will lose your interest in the unclaimed burial spaces described above.

[2012 c.33 §2]

Source: Section 97.725 — Disposal of unclaimed burial spaces; notice; form of notice; claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 101.120 — OR Code / Title 10 / Chapter 101 / Section 101.120
101.120 Power of department to prevent violations
Status: in_force

(1) If the Department of Human Services determines, after notice and hearing, that any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action as in the judgment of the department carries out the purposes of this chapter.

(2) If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, it may issue a temporary cease and desist order that shall include in its terms a provision that, upon request, a hearing shall be held within 10 days of such a request to determine whether or not the permanent cease and desist order shall be entered on the person. The temporary cease and desist order shall be served on the person by certified mail.

(3) If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of any provision of this chapter or of a rule or order under this chapter, the department, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices or to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The department shall not be required to post a bond in any court proceeding. [1989 c.693 §16]

Source: Section 101.120 — Power of department to prevent violations; cease and desist order; injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 100.775 — OR Code / Title 10 / Chapter 100 / Section 100.775
100.775 False or misleading advertising prohibited
Status: in_force

It shall be unlawful for any developer or agent of a developer, who with intent, directly or indirectly, to sell a condominium unit, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning the condominium, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, any job printer, broadcaster or telecaster liable for any publication referred to in this chapter unless the publisher, employee, printer, broadcaster or telecaster has actual knowledge of the falsity thereof or has an interest in the condominium advertised or the sale thereof. [Formerly 94.454]

Source: Section 100.775 — False or misleading advertising prohibited; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.412 — OR Code / Title 10 / Chapter 98 / Section 98.412
98.412 Verified report
Status: in_force

(1) The State Treasurer may require a person who has not filed a report under ORS 98.352 (Report of abandoned property) to file a verified report stating whether the person holds any unclaimed property reportable or deliverable.

(2) The State Treasurer may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provisions of ORS 98.352 (Report of abandoned property) . The State Treasurer may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this section.

(3) To the extent possible, the State Treasurer shall enter into agreements with state and federal agencies that regularly examine the records of financial institutions, trust companies, financial holding companies and bank holding companies, as defined in ORS 706.008 (Additional definitions for Bank Act) , and of subsidiaries of such financial institutions, trust companies, financial holding companies and bank holding companies. Under the agreements, the state and federal agencies shall examine the records of the financial institution, trust company, financial holding company, bank holding company or subsidiary to determine compliance with ORS 98.352 (Report of abandoned property) . If a state or federal agency does not enter into an agreement with the State Treasurer under this subsection, the State Treasurer shall conduct the examination of the records of financial institutions, trust companies, financial holding companies and bank holding companies to determine compliance with ORS 98.352 (Report of abandoned property) .

(4) If a holder fails to maintain the records required by ORS 98.354 (Records of ownership or issuance of instruments to be maintained) and the records of the holder available for the periods subject to ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) are insufficient to permit the preparation of a report, the State Treasurer may issue a finding that requires the holder to report and pay the amounts that the State Treasurer reasonably estimates from the report and available records.

(5) In addition to the information required under ORS 183.413 (Notice to parties before hearing of rights and procedure) and 183.415 (Notice of right to hearing) , the State Treasurer shall provide a holder subject to findings under subsection (4) of this section with information about opportunities to resolve disputes through a collaborative dispute resolution process in lieu of a contested case hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) . [1957 c.670 §25; 1983 c.716 §22; 1993 c.694 §20; 1997 c.480 §§1,1a; 2001 c.377 §41; 2003 c.272 §6; 2019 c.678 §25]

Source: Section 98.412 — Verified report; examination of records; failure to maintain records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.692 — OR Code / Title 10 / Chapter 105 / Section 105.692
105.692 Right to continued use of land following permitted use
Status: in_force

(1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner.

(2) The fact that an owner of land allows the public to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products without posting, fencing or otherwise restricting use of the land does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use of the land.

(3) Nothing in this section shall be construed to diminish or divert any public right to use land for recreational purposes acquired by dedication, prescription, grant, custom or otherwise existing before October 5, 1973.

(4) Nothing in this section shall be construed to diminish or divert any public right to use land for woodcutting acquired by dedication, prescription, grant, custom or otherwise existing before October 3, 1979. [1995 c.456 §5; 2009 c.532 §5]

Source: Section 105.692 — Right to continued use of land following permitted use; presumption of dedication or other rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.660 — OR Code / Title 10 / Chapter 90 / Section 90.660
90.660 Local regulation of park closures
Status: in_force

A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010. An ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures may not be applied to reduce the rights provided to a park tenant under ORS 90.645 (Closure of park) or 90.655 (Park closure notice to nontenants) . [2007 c.906 §4; 2009 c.575 §1]

Source: Section 90.660 — Local regulation of park closures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.900 — OR Code / Title 10 / Chapter 100 / Section 100.900
100.900 Civil penalty
Status: in_force

(1) In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 100.015 (Regulation by Real Estate Commissioner) , 100.635 (Filing with commissioner) to 100.730 (Cancellation of sale of unit) and 100.740 (Notice to purchaser of cancellation rights) to 100.780 (Waiver of legal rights void) or any of the rules adopted thereunder. No civil penalty shall exceed $1,000 per violation.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(3) All penalties recovered shall be paid into the State Treasury and credited to the General Fund. [Formerly 94.470; 1991 c.734 §6]

Source: Section 100.900 — Civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.955 — OR Code / Title 10 / Chapter 105 / Section 105.955
105.955 When nonvested property interest or power of appointment created
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (Prospective application) (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(2) For purposes of ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) , if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of either a nonvested property interest or a property interest subject to a power of appointment described in ORS 105.950 (Statutory rule against perpetuities) (2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(3) For purposes of ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) , a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [1989 c.208 §2]

Source: Section 105.955 — When nonvested property interest or power of appointment created , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.178 — OR Code / Title 10 / Chapter 92 / Section 92.178
92.178 Creation of parcel previously approved but not acted upon
Status: in_force

(1) The governing body of a county may approve an application requesting formation of one parcel if the county issued a land use decision approving the parcel prior to January 1, 1994, and:

(a) A plat implementing the previous land use decision was not recorded; or

(b) A condition of approval of the previously approved land use decision requiring consolidation of adjacent lots or parcels was not complied with by a previous owner of the land.

(2) An application under this section is not subject to ORS 215.780 (Minimum lot or parcel sizes) .

(3) Approval of an application under this section does not affect the legal status of land that is not the subject of the application.

(4) As used in this section:

(a) “Lot” has the meaning given the term in ORS 92.010 (Definitions for ORS 92.010 to 92.192) .

(b) “Parcel” has the meaning given the term in ORS 92.010 (Definitions for ORS 92.010 to 92.192) . [2005 c.240 §1]

Note: 92.178 (Creation of parcel previously approved but not acted upon) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 92 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.178 — Creation of parcel previously approved but not acted upon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 94.959 — OR Code / Title 10 / Chapter 94 / Section 94.959
94.959 Application for registration
Status: in_force

(1) A membership camping operator wishing to offer to sell or sell a membership camping contract in this state shall register the contract with the Real Estate Commissioner. The application for registration shall include all of the following if it is applicable to the membership camping operator:

(a) Written disclosures, in any format the commissioner is satisfied accurately and clearly communicates the required information, which include:

(A) The name and address of the membership camping operator and any person who, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the membership camping operator;

(B) A brief description of the membership camping operator’s experience in the camping club business;

(C) A brief description of the nature of the purchaser’s right or license to use the campground or facilities;

(D) The location and a brief description of the significant facilities and recreation services then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any significant facilities or recreation services that are or will be available to nonpurchasers and the price to nonpurchasers therefor;

(E) A brief description of the membership camping operator’s ownership of or other right to use the campground facilities represented to be available for use by purchasers, together with a brief description of the duration of any lease, real estate contract, license franchise or other agreement entitling the membership camping operator to use the property, and any material provisions of the agreements which restrict a purchaser’s use;

(F) A brief description of any material encumbrance, including any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance that secures or evidences the obligation to pay money or to sell or convey, or which authorizes or requires the foreclosure or other disposition of the campground affected;

(G) A brief description of any reciprocal agreement allowing purchasers to use camping sites, facilities or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract;

(H) A summary or copy of the articles, bylaws, rules, restrictions or covenants regulating the purchaser’s use of each campground, the facilities located on each property, and any recreation services provided, including a statement of whether and how the articles, bylaws, rules, restrictions or covenants may be changed;

(I) A brief description of all payments of a purchaser under a membership camping contract, including initial fees and any further fees, charges or assessments, together with any provisions for changing the payments;

(J) A description of any restraints on the transfer of membership camping contracts;

(K) A brief description of the policies relating to the availability of camping sites and whether reservations are required;

(L) A brief description of the membership camping operator’s right to change or withdraw from use all or a portion of the campgrounds or facilities and the extent to which the membership camping operator is obliged to replace facilities or campgrounds withdrawn;

(M) A brief description of any grounds for forfeiture of a purchaser’s membership camping contract; and

(N) A copy of the membership camping contract form;

(b) A statement of the total number of membership camping contracts then in effect, both within and without this state; and a statement of the total number of membership camping contracts intended to be sold, both within and without this state, together with a commitment that the total number will not be exceeded unless disclosed by amendment to the registration;

(c) If the campground or campgrounds owned or being purchased by the membership camping operator at the time of registration are campgrounds on which the membership camping operator or another membership camping operator previously registered a membership camping contract with the State of Oregon and sold memberships under the registered contract and thereafter went out of business or filed for bankruptcy, the new membership camping operator shall file with the commissioner at the time of registration a detailed plan whereunder all membership purchasers from the prior membership camping operator or operators for the campground or campgrounds will be offered memberships by the new membership camping operator despite any rejection or cancellation of the previous contracts during bankruptcy proceedings of the prior membership camping operator or operators. Procedures for written notice to the purchasers and the material terms and conditions of membership offered by the new campground operator shall be included in the detailed plan filed with the commissioner. The material terms and conditions including but not limited to price and terms of payment offered by the new campground operator or operators shall not be materially less favorable than the material terms and conditions offered to new purchasers; and

(d) Any other material information the commissioner may, by rule or order, require for the protection of the purchasers.

(2) The application shall be signed by the membership camping operator, an officer or general partner of the membership camping operator or by another person holding a power of attorney for such purpose from the membership camping operator. If the application is signed pursuant to a power of attorney, a copy of the power of attorney shall be included with the application.

(3) The application shall be submitted with the registration fee.

(4) An application for registration to offer or sell membership camping contracts shall be amended when a material change from the information previously filed occurs. Such amendment shall be filed with the commissioner within 10 days after the membership camping operator knows of such change.

(5) In place of the disclosures required with the application for registration, the commissioner may accept a public report or other disclosure from another state in which the membership camping operator has registered. [1985 c.639 §3; 1991 c.377 §7]

Source: Section 94.959 — Application for registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.950 — OR Code / Title 10 / Chapter 93 / Section 93.950
93.950 URPTDA 3. Applicability
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 §3]

Note: See note under 93.948 (URPTDA 1. Short title) .

Source: Section 93.950 — URPTDA 3. Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.680 — OR Code / Title 10 / Chapter 100 / Section 100.680
100.680 Escrow of unit sales agreement
Status: in_force

(1) Unless the developer of a condominium has complied with subsection (2) of this section, the developer and a purchaser may not enter into a unit sales agreement before the recording of the declaration or supplemental declaration and plat under ORS 100.115 (Recording declaration and plat) or, if the condominium is located outside of this state, before the condominium has been created under the laws of the jurisdiction within which the condominium is located.

(2) Any purchaser’s funds, the unit sales agreement, any notes or security documents and any loan commitments must be placed in an escrow located within this state with a person or firm authorized under ORS 696.505 (Definitions for ORS 696.505 to 696.590) to 696.582 (Escrow agent to hold certain compensation) . The escrow instructions may not allow distribution of the purchaser’s funds until the declaration or any applicable supplemental declaration is recorded and the legal title or other interest bargained for has been transferred to the purchaser as provided in the unit sales agreement. If any funds of the purchaser are invested, the funds must be invested in federally insured accounts or other investments approved by the Real Estate Commissioner. If the developer defaults under the unit sales agreement, the purchaser’s funds held in escrow and all income earned from investment of the funds held in escrow must be returned.

(3) In lieu of the requirements of subsection (2) of this section, the commissioner may approve any alternative requirement or method that the commissioner finds will ensure the same protection to the purchaser as the protection provided by the escrow. [Formerly 94.358; 2019 c.69 §27]

Source: Section 100.680 — Escrow of unit sales agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.044 — OR Code / Title 10 / Chapter 92 / Section 92.044
92.044 Adoption of standards and procedures governing approval of plats and plans
Status: in_force

(1) Intentionally left blank —Ed.

(a) The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) , the submission and approval of tentative plans and plats of subdivisions, tentative plans and plats of partitions in exclusive farm use zones established under ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) .

(b) The standards shall include, taking into consideration the location and surrounding area of the proposed subdivisions or partitions, requirements for:

(A) Placement of utilities subject to subsection (7) of this section, for the width and location of streets or for minimum lot sizes and other requirements the governing body considers necessary for lessening congestion in the streets;

(B) Securing safety from fire, flood, slides, pollution or other dangers;

(C) Providing adequate light and air including protection and assurance of access to incident solar radiation for potential future use;

(D) Preventing overcrowding of land;

(E) Facilitating adequate provision of transportation, water supply, sewerage, drainage, education, recreation or other needs; and

(F) Protection and assurance of access to wind for potential electrical generation or mechanical application.

(c) The ordinances or regulations shall establish the form and contents of tentative plans of partitions and subdivisions submitted for approval.

(d) The procedures established by each ordinance or regulation shall provide for the coordination in the review of the tentative plan of any subdivision or partition with all affected city, county, state and federal agencies and all affected special districts.

(2) Intentionally left blank —Ed.

(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

(b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a subdivision or partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval.

(c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 197A, 215 or 227, except for an appeal under ORS 197.805 (Policy on review of land use decisions) to 197.855 (Deadline for final court order) .

(3) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed subdivisions that are submitted for approval pursuant to this section. As used in this subsection, “costs” does not include costs for which fees are prescribed under ORS 92.100 (Approval of plat by city or county surveyor) and 205.350 (Fees for approving and recording plats) .

(4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed partitions that are submitted for approval pursuant to this section.

(5) Ordinances and regulations adopted under this section shall be adopted in accordance with ORS 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) .

(6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation.

(7) Unless specifically requested by a public or private utility provider, the governing body of a city or county may not require a utility easement except for a utility easement abutting a street. Utility infrastructure may not be placed within one foot of a survey monument location noted on a subdivision or partition plat. The governing body of a city or county may not place additional restrictions or conditions on a utility easement granted under this chapter.

(8) For the purposes of this section:

(a) “Incident solar radiation” means solar energy falling upon a given surface area.

(b) “Wind” means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [1955 c.756 §9; 1973 c.696 §9; 1974 c.74 §2; 1979 c.671 §1; 1981 c.590 §5; 1983 c.570 §1; 1983 c.826 §9; 1983 c.827 §19e; 1987 c.649 §11; 1989 c.772 §6; 1991 c.763 §8; 1993 c.792 §46; 1997 c.489 §1; 1999 c.348 §12; 2005 c.399 §4; 2007 c.652 §2]

Source: Section 92.044 — Adoption of standards and procedures governing approval of plats and plans; delegation; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.850 — OR Code / Title 10 / Chapter 98 / Section 98.850
98.850 Legislative findings and declaration
Status: in_force

(1) The Legislative Assembly finds that:

(a) 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or enforce laws or ordinances related to price, route or service of motor carriers with respect to the transportation of property.

(b) 49 U.S.C. 14501(c)(2)(A) exempts, from the limits described in paragraph (a) of this subsection, safety regulations with respect to motor vehicles.

(c) 49 U.S.C. 14501(c)(2)(C) exempts, from the limits described in paragraph (a) of this subsection, laws or ordinances relating to the price of for-hire motor vehicle transportation by a tow truck if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

(2) The Legislative Assembly declares that:

(a) Statutes that assist members of the public in avoiding involuntary loss of use of motor vehicles and in expediting recovery of motor vehicles and the personal property in the motor vehicles promote the safety and welfare of members of the public.

(b) ORS 98.810 (Unauthorized parking of vehicle on proscribed property prohibited) to 98.818 (Preference of lien) do not preempt any authority that a local government, as defined in ORS 174.116 (“Local government” and “local service district” defined) , may have to regulate the price of for-hire motor vehicle transportation by a tow vehicle if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle. [2007 c.538 §1]

Source: Section 98.850 — Legislative findings and declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.776 — OR Code / Title 10 / Chapter 94 / Section 94.776
94.776 Development and division of lots
Status: in_force

(1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 (Middle housing land division) for, housing that is otherwise allowable under the maximum density of the zoning for the land.

(2) Lots or parcels resulting from the division of land in a planned community are subject to the governing documents of the planned community and are allocated assessments and voting rights on the same basis as existing units. [2019 c.639 §12; 2021 c.103 §4]

Source: Section 94.776 — Development and division of lots; allocations for newly created lots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.205 — OR Code / Title 10 / Chapter 92 / Section 92.205
92.205 Policy
Status: in_force

(1) The Legislative Assembly finds that many subdivisions for which plats have been approved and recorded have not been developed and that many such subdivisions were approved prior to the adoption of a comprehensive plan, zoning regulations and ordinances and modern subdivision control standards by the jurisdiction within which the lands described in the subdivision plats are situated.

(2) The Legislative Assembly finds, therefore, that it is necessary for the protection of the public health, safety and welfare to provide for the review of undeveloped subdivisions for the purpose of modifying such subdivisions, if necessary, to comply with the current comprehensive plan, zoning ordinances and regulations and modern subdivision control standards, or, if such modification is not feasible, of vacating the nonconforming, undeveloped subdivisions and to vacate any lands dedicated for public use that are described in the plat of each such vacated subdivision. [1973 c.569 §1]

Source: Section 92.205 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.905 — OR Code / Title 10 / Chapter 105 / Section 105.905
105.905 Wind energy easement appurtenant
Status: in_force

(1) A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement.

(2) A wind energy easement shall terminate:

(a) Upon occurrence of the conditions stated in the creating instrument;

(b) By judgment of a court based upon abandonment or changed conditions; or

(c) At any time by agreement of all the owners of the benefited and burdened property. [1981 c.590 §2; 2003 c.576 §371]

Source: Section 105.905 — Wind energy easement appurtenant; termination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.806 — OR Code / Title 10 / Chapter 94 / Section 94.806
94.806 Legislative finding
Status: in_force

The Legislative Assembly finds and declares that there is a need to:

(1) Protect timeshare purchasers by requiring full and adequate disclosure of all pertinent facts about the timeshare plan; and

(2) Provide reasonable regulation of the timeshare industry while encouraging the growth and development of the industry in Oregon. [1983 c.530 §1]

Source: Section 94.806 — Legislative finding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.734 — OR Code / Title 10 / Chapter 90 / Section 90.734
90.734 Manager or owner continuing education requirements
Status: in_force

(1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required:

(a) If there is any manager or owner who lives in the facility, the person completing the continuing education must be a manager or owner who lives in the facility.

(b) If no manager or owner lives in the facility, the person completing the continuing education must be a manager who lives outside the facility or, if there is no manager, an owner of the facility.

(c) A manager or owner may satisfy the continuing education requirement for more than one facility that does not have a manager or owner who lives in the facility.

(2) If a person becomes the facility manager or owner who is responsible for completing continuing education, and the person does not have a current certificate of completion issued under subsection (3) of this section, the person shall complete the continuing education requirement by taking the next regularly scheduled continuing education class or by taking a continuing education class held within 75 days.

(3) The Housing and Community Services Department shall ensure that continuing education classes:

(a) Are offered at least once every six months;

(b) Are offered by a statewide nonprofit trade association in Oregon representing facility interests and approved by the department;

(c) Have at least one-half of the class instruction on one or more provisions of ORS chapter 90, ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , fair housing law or other law relating to landlords and tenants;

(d) Provide a certificate of completion to all attendees; and

(e) Provide the department with the following information:

(A) The name of each person who attends a class;

(B) The name of the attendee’s facility;

(C) The city or county in which the attendee’s facility is located;

(D) The date of the class; and

(E) The names of the persons who taught the class.

(4) The department, a trade association or instructor is not responsible for the conduct of a landlord, manager, owner or other person attending a continuing education class under this section. This section does not create a cause of action against the department, a trade association or instructor related to the continuing education class.

(5) The owner of a facility is responsible for ensuring compliance with the continuing education requirements in this section.

(6) The department shall annually send a written reminder notice regarding continuing education requirements under this section to each facility at the address shown in the facility registration filed under ORS 90.732 (Landlord registration) . [2005 c.619 §3; 2007 c.906 §39; 2009 c.816 §11; 2011 c.503 §19; 2019 c.625 §19]

Source: Section 90.734 — Manager or owner continuing education requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.778 — OR Code / Title 10 / Chapter 94 / Section 94.778
94.778 Prohibition against installation of solar panels void and unenforceable
Status: in_force

(1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 (Solar access ordinances) and 227.190 (Solar access ordinances) , is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.

(2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS 93.272 (Procedure for removal of certain restrictions) for removal of a provision from an instrument conveying or contracting to convey real property.

(3) A homeowners association may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements for the installation or use of solar panels described in subsection (1) of this section. [2017 c.282 §2]

Source: Section 94.778 — Prohibition against installation of solar panels void and unenforceable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.027 — OR Code / Title 10 / Chapter 92 / Section 92.027
92.027 Deed reference to creation of unit of land
Status: in_force

A person who conveys or contracts to convey fee title to a lot or parcel, or another unit of land resulting from a lien foreclosure or foreclosure of a recorded contract for the sale of real property, created or established on or after January 1, 2008, must include in the deed or other instrument conveying or contracting to convey fee title:

(1) A reference to the recorded subdivision plat or partition plat for the lot or parcel;

(2) A reference to or exhibit of the final land use decision that approved the subdivision or partition if a subdivision plat or partition plat is not required by law; or

(3) A reference to or exhibit of a final judgment or other document that evidences a lien foreclosure or a foreclosure of a recorded contract for the sale of the real property. [2007 c.866 §3]

Note: 92.027 (Deed reference to creation of unit of land) was added to and made a part of 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.027 — Deed reference to creation of unit of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.705 — OR Code / Title 10 / Chapter 100 / Section 100.705
100.705 Sale prohibited prior to issuance of disclosure statement
Status: in_force

(1) Except as provided in ORS 100.665 (Exemption to certain disclosure and notice requirements) , a developer, or an agent of the developer may not enter into a unit sales agreement prior to the issuance of the disclosure statement for the condominium.

(2) A copy of the disclosure statement for a condominium must be given to the prospective purchaser of a unit in the condominium by the developer or an agent of the developer, not later than the date the unit sales agreement is fully executed by all parties. The developer shall take a receipt from the prospective purchaser upon delivery of a copy of the disclosure statement, and such receipts must be kept on file within this state in the possession of the developer or the agent of the developer subject to inspection by the Real Estate Commissioner for a period of three years from the date the receipt is taken.

(3) The disclosure statement may not be used for advertising purposes unless it is used in its entirety. No portion of the disclosure statement may be underscored, highlighted, italicized or printed in larger or heavier type than the balance of the statement unless the true copy of the statement so emphasizes such portion.

(4) The commissioner may furnish at cost copies of the disclosure statement for the use of developers.

(5) Violations of this section are subject to the provisions of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies) , in addition to other sanctions provided by law. [Formerly 94.384; 2019 c.69 §30]

Source: Section 100.705 — Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.760 — OR Code / Title 10 / Chapter 94 / Section 94.760
94.760 Promotional material showing possible improvements
Status: in_force

If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled “POSSIBLE Improvement.” [1981 c.782 §79]

Source: Section 94.760 — Promotional material showing possible improvements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.930 — OR Code / Title 10 / Chapter 94 / Section 94.930
94.930 Commissioner order
Status: in_force

(1) If the Real Estate Commissioner finds that an owner, developer or other person is violating any of the provisions of ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) , the commissioner may order the person to desist and refrain from violating the provisions or requirements, or from the further sale of interests in the timeshare plan.

(2) If the commissioner finds that a developer or other person is violating, has violated or is about to violate, any of the provisions of ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) , the commissioner may bring an action in the circuit court of the county where the violation or threatened violation has occurred or is about to occur, or in the county where the person resides or carries on business, in the name of and on behalf of the people of the State of Oregon against the person participating in the violation, to enjoin the person from continuing or engaging in the violation or doing any act in furtherance of the violation, and to apply for the appointment of a receiver or conservator of the assets of the defendant if appropriate. [1983 c.530 §45]

Source: Section 94.930 — Commissioner order; injunctive relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.626 — OR Code / Title 10 / Chapter 100 / Section 100.626
100.626 Legislative findings
Status: in_force

(1) The Legislative Assembly finds and declares that:

(a) The purpose of ORS 100.627 (Electric vehicle charging stations) is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner’s personal residential use.

(b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

(A) Whether the personal property is physically annexed to the real property;

(B) Whether the personal property is specifically adapted to the property; and

(C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

(c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

(2) Unless a unit owner and the association of unit owners, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 100.627 (Electric vehicle charging stations) on or before June 4, 2015, is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. [2015 c.249 §5]

Note: 100.626 (Legislative findings) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.626 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.947 — OR Code / Title 10 / Chapter 97 / Section 97.947
97.947 Examination of providers and master trustees by director
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Director of the Department of Consumer and Business Services may examine the conditions and resources, including sales contracts, of a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to determine whether the certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration is complying with ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) , the rules of the director and any other laws of this state applicable to a certified provider or master trustee.

(b) In addition to the authority conferred by ORS 97.948 (Grounds for discipline by director for violation of ORS 97.923 to 97.949) , the director may require a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to pay the actual and reasonable costs of the examination.

(2) For the purpose of an examination under this section, the director may administer oaths and affirmations, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to the examination.

(3) If a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration fails to comply with a subpoena issued under this section or a party or witness refuses to testify on any matter, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify on a matter before the court.

(4) Each witness who appears before the director under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2), except that a witness subpoenaed at the instance of parties other than the director or an examiner may not be compensated for attendance or travel unless the director certifies that the testimony of the witness was material to the matter investigated.

(5) During the course of any examination, the director may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil suits in the circuit court. [2001 c.796 §3; 2003 c.362 §6; 2005 c.338 §1; 2012 c.7 §14]

Note: See note under 97.923 (Definitions for ORS 97.923 to 97.949) .

Source: Section 97.947 — Examination of providers and master trustees by director; subpoena power; depositions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.760 — OR Code / Title 10 / Chapter 93 / Section 93.760
93.760 Recordability of documents, orders and decrees of the United States District Court
Status: in_force

Copies of documents, orders and decrees in proceedings in the District Court of the United States for the District of Oregon, which have been certified by the clerk of such court, and which affect title to real property in this state, shall be entitled to be recorded in the deed records of any county in which such real property is located. [Amended by 1985 c.540 §46; 1987 c.586 §47]

Source: Section 93.760 — Recordability of documents, orders and decrees of the United States District Court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.575 — OR Code / Title 10 / Chapter 94 / Section 94.575
94.575 Applicability of subdivision law
Status: in_force

ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) apply to a planned community established under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) . [1981 c.782 §4; 2021 c.97 §9]

Source: Section 94.575 — Applicability of subdivision law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.420 — OR Code / Title 10 / Chapter 93 / Section 93.420
93.420 Execution of deed where personal representative, guardian or conservator is unable or refuses to act
Status: in_force

If any person is entitled to a deed from a personal representative, guardian or conservator who has died or resigned, has been discharged, disqualified or removed or refuses to execute it, the deed may be executed by the judge before whom the proceeding is pending or by the successor of the judge. [Amended by 1961 c.344 §104; 1969 c.591 §277]

Source: Section 93.420 — Execution of deed where personal representative, guardian or conservator is unable or refuses to act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 92.317 — OR Code / Title 10 / Chapter 92 / Section 92.317
92.317 Policy
Status: in_force

The Legislative Assembly finds that the repeal of ORS 92.500 to 92.810 and 92.990 (Penalties) (2) and (3) (1973 Replacement Part), by section 23, chapter 1, Oregon Laws 1974 (special session), may cause irreparable damage to the interests of consumers involved in real estate transactions. It is therefore declared to be the policy of the State of Oregon that the Attorney General protect the rights of such real estate purchasers to the greatest extent practicable through the application of the provisions of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) . [1974 c.1 §29; 2005 c.22 §72]

Source: Section 92.317 — Policy; protection of consumers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.620 — OR Code / Title 10 / Chapter 90 / Section 90.620
90.620 Termination by tenant
Status: in_force

(1) The tenant who rents a space for a manufactured dwelling or floating home may terminate a rental agreement that is a month-to-month or fixed term tenancy without cause by giving to the landlord, at any time during the tenancy, not less than 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy.

(2) The tenant may terminate a rental agreement that is a month-to-month or fixed term tenancy for cause pursuant to ORS 90.315 (Utility or service payments) , 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1), 90.365 (Failure of landlord to supply essential services) (2), 90.375 (Effect of unlawful ouster or exclusion) or 90.380 (Effect of rental of dwelling in violation of building or housing codes) .

(3) A tenant may not be required to give the landlord more than 30 days’ written notice to terminate. [Formerly 91.880; 1991 c.67 §15; 1993 c.18 §16; 2001 c.596 §37]

Source: Section 90.620 — Termination by tenant; notice to landlord , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.223 — OR Code / Title 10 / Chapter 97 / Section 97.223
97.223 Interment or temporary storage of human remains in case of natural disaster or other emergency
Status: in_force

(1) In the event of a natural disaster or similar emergency that causes interred human remains to be completely or partially dislodged from their original designated plot, the cemetery authority of the cemetery where the plot is located may, as the cemetery authority deems fit:

(a) Inter the human remains in the original designated plot;

(b) Temporarily store the human remains in a safe storage location until the cemetery authority can inter the human remains; or

(c) Inter the human remains in another plot in the cemetery.

(2) The cemetery authority shall, before performing an act specified in subsection (1)(b) or (c) of this section, make a reasonable attempt to identify the human remains and notify the person described in ORS 97.130 (Right to control disposition of remains) (2) who has authority to direct disposition of the remains of the deceased person.

(3) A cemetery authority that performs an act specified in subsection (1) of this section may not be held liable for performing that act.

(4) A person described in ORS 97.130 (Right to control disposition of remains) (2) who has the authority to direct disposition of the remains of the deceased person may not be held liable, or be considered to have violated a provision of ORS 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers) , if the person:

(a) Makes a request of the cemetery authority to undertake an action specified in subsection (1) of this section; or

(b) Personally undertakes an action specified in subsection (1) of this section. [2019 c.241 §2]

(Unclaimed Cremated Remains of Veteran or Veteran’s Spouse, Dependent or Survivor)

Source: Section 97.223 — Interment or temporary storage of human remains in case of natural disaster or other emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.116 — OR Code / Title 10 / Chapter 100 / Section 100.116
100.116 Plat amendment
Status: in_force

(1) A plat, including any floor plans that are a part of a plat, recorded before October 15, 1983, may be amended as provided in this section.

(2) Intentionally left blank —Ed.

(a) Except as otherwise provided in ORS 100.600 (Termination of association or removal of real property by unit owners) , the following must be made by a plat entitled “Plat Amendment”:

(A) A change to the boundary of the property, a unit or a limited common element;

(B) The creation of an additional unit from common elements; or

(C) A change to the configuration of other information required to be graphically depicted on the plat.

(b) The plat amendment must reference in the title of the amendment the recording information of the original plat and any previous plat amendments.

(3) The plat amendment must comply with ORS 92.050 (Requirements of survey and plat of subdivision and partition) , 92.060 (Marking subdivision, partition or condominium plats with monuments) (1), (2) and (4), 92.080 (Preparation of plat) and 92.120 (Recording plats) and must include:

(a) A graphic depiction of the change;

(b) For a change to the boundary of the property, a surveyor’s certificate that complies with ORS 92.070 (Surveyor’s certificates) ;

(c) If the plat amendment is an amendment by correction under ORS 100.118 (Correction amendment to condominium plat) , a statement that the plat amendment is an amendment by correction under ORS 100.118 (Correction amendment to condominium plat) ;

(d) A certification, including signature and official seal, of a registered professional land surveyor that:

(A) The plat amendment accurately depicts the amendments to the plat described in the declaration amendment recorded under subsection (5) of this section; and

(B) Any construction that changes the boundaries of a unit or limited common element or the construction of any additional unit or limited common element has been completed; and

(e) A declaration executed by the association that the plat is being amended pursuant to this section. If the amendment to the declaration required under subsection (5) of this section is a correction amendment under ORS 100.117 (Correction amendment to declaration or bylaws) , the declaration must be made by the declarant if the declarant adopts the correction amendment under ORS 100.117 (Correction amendment to declaration or bylaws) .

(4) The declaration required under subsection (3)(e) of this section must be executed and acknowledged.

(5) The plat amendment must be accompanied by an amendment to the declaration authorizing the plat amendment. The declaration amendment must be executed, approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) or, if the declaration amendment is a correction amendment, with ORS 100.117 (Correction amendment to declaration or bylaws) .

(6) Before a plat amendment may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100 (Approval of plat by city or county surveyor) . The surveyor shall approve the plat amendment if it complies with the requirements of this subsection. The person offering the plat amendment shall:

(a) Submit a copy of the proposed amendment to the declaration required under subsections (3) to (5) of this section when the plat amendment is submitted.

(b) Submit the original or a copy of the executed amendment to the declaration approved by the Real Estate Commissioner if required by law prior to approval of the plat amendment.

(c) Upon request of the county assessor or county surveyor, file an exact copy, certified by the surveyor who made the plat to be an exact copy of the plat amendment, with the county assessor and the county surveyor. The exact copy must be made on suitable drafting material having the strength, stability and transparency required by the county surveyor.

(7) A change to a restriction or other information not required to be graphically depicted on the plat, or, in the discretion of the city or county surveyor, a change to graphically depicted information that changes the identity, nature or other descriptive information but does not change the graphic depiction, may be made by amendment of the declaration without a plat amendment described in subsections (3) to (5) of this section. A declaration amendment under this subsection must include:

(a) References to recording index numbers and date of recording of the declaration or plat and any applicable supplemental declarations, amendments, supplemental plats or plat amendments.

(b) A description of the change to the plat.

(c) A statement that the amendment was approved in accordance with the declaration and ORS 100.135 (Amendments to declaration) .

(8) The declaration amendment described in subsection (7) of this section must be executed, approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) .

(9) Before the declaration amendment described in subsection (7) of this section may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100 (Approval of plat by city or county surveyor) . The surveyor shall approve the declaration amendment if it complies with subsection (7) of this section. The approval must be evidenced by execution of the amendment or by attached written approval.

(10) Intentionally left blank —Ed.

(a) Subject to paragraph (c) of this subsection, floor plans of a condominium for which floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium may be amended by:

(A) An amendment of the declaration under paragraph (b) of this subsection; or

(B) A plat amendment under subsections (3) to (5) of this section.

(b) An amendment of the declaration must include:

(A) References to recording index numbers and date of recording of the declaration and any applicable supplemental declarations or amendments.

(B) A description of the change to the floor plans.

(C) A graphic depiction of any change to the boundaries of a unit or common element and a statement by a registered architect, registered professional land surveyor or registered professional engineer certifying that such graphic depiction fully and accurately depicts the boundaries of the unit or common element as it currently exists.

(c) Notwithstanding that floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium, if floor plans are shown on a plat, the plat may not be amended under paragraph (b) of this subsection.

(11) The declaration amendment described in subsection (10)(b) of this section must be approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) except that any change to the floor plans need only comply with the requirements of the unit ownership laws in effect at the time the floor plans were initially recorded.

(12) After recording any declaration amendment or plat amendment pursuant to this section, the county surveyor may make appropriate changes to the surveyor’s copy of all previously recorded plats relating to the condominium and any copies filed under ORS 92.120 (Recording plats) (3). The original plat may not be changed or corrected after the plat is recorded.

(13) For performing the services described in subsections (6), (9) and (12) of this section, the county surveyor shall collect from the person offering the plat amendment or declaration amendment for approval a fee established by the county governing body. [2009 c.641 §43; 2019 c.69 §5]

Note: 100.116 (Plat amendment) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.116 — Plat amendment; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.320 — OR Code / Title 10 / Chapter 105 / Section 105.320
105.320 Compensation of tenants in case of sale
Status: in_force

Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an instrument that is duly acknowledged or proved in the same manner as deeds for the purpose of record, and filed with the clerk.

Source: Section 105.320 — Compensation of tenants in case of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.135 — OR Code / Title 10 / Chapter 90 / Section 90.135
90.135 Unconscionability
Status: in_force

(1) If the court, as a matter of law, finds:

(a) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or

(b) A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(2) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination. [Formerly 91.735]

Source: Section 90.135 — Unconscionability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.440 — OR Code / Title 10 / Chapter 105 / Section 105.440
105.440 Report of abatement expenditures
Status: in_force

(1) From time to time as the court may order during the receivership, but at least once no later than 60 days after the receivership begins and once no later than 30 days after the receivership terminates, a receiver shall file a report as described in ORS 37.200 (Receiver’s periodic reports) . Upon the court’s approval of the report, the court shall order:

(a) That the property is liable for any net losses of the receiver over the course of the reporting period, including administrative fees of the receiver, plus interest at the greater of the legal rate of interest or the rate charged by any obligations incurred by the receiver for the benefit of the property;

(b) That the county recorder may enter the order as a lien against the property within 60 days after the date of the order; and

(c) That the lien has priority over all other liens, mortgages and encumbrances as provided in ORS 105.445 (Effect on purchase money security interest of lien for unpaid abatement expenses) .

(2) Unless all losses of the receiver recited in an order under subsection (1) of this section have been paid, at any time within 60 days after the date of the order, the receiver may file the order with the county recorder as a lien on the property. [1989 c.649 §7; 2019 c.191 §4]

Source: Section 105.440 — Report of abatement expenditures; court approval; lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.505 — OR Code / Title 10 / Chapter 100 / Section 100.505
100.505 Status and ownership of units
Status: in_force

(1) While the property is submitted to the provisions of this chapter, a unit may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and entirely independent of the other units of which they form a part, and the corresponding individual titles and interests shall be recordable.

(2) Each unit owner shall be entitled to the exclusive ownership and possession of the unit of the owner. [Formerly 94.231]

Source: Section 100.505 — Status and ownership of units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.415 — OR Code / Title 10 / Chapter 100 / Section 100.415
100.415 Contents of bylaws
Status: in_force

(1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for:

(a) The organization of the association of unit owners in accordance with ORS 100.405 (Association of unit owners) , when the initial meeting must be held and the method of calling that meeting.

(b) If required under ORS 100.205 (Transitional committee) , the formation of a transitional committee in accordance with such section.

(c) The turnover meeting required under ORS 100.210 (Turnover meeting) , including when the meeting must be called, the method of calling the meeting, the right of a unit owner under ORS 100.210 (Turnover meeting) (3) to call the meeting and a statement of the purpose of the meeting.

(d) Intentionally left blank —Ed.

(A) The method of calling the annual meeting and all other meetings of the unit owners in accordance with ORS 100.407 (Annual and special meetings of association) ; and

(B) The percentage of owners that constitutes a quorum under ORS 100.408 (Quorum for meeting of association) .

(e) Intentionally left blank —Ed.

(A) The election of a board of directors and the number of persons constituting the board;

(B) The terms of office of directors;

(C) The powers and duties of the board;

(D) The compensation, if any, of the directors;

(E) The method of removal from office of directors under ORS 100.417 (Board of directors of association) ; and

(F) The method of filling vacancies on the board.

(f) The method of calling meetings of the board of directors in accordance with ORS 100.420 (Board meetings) and a statement that all meetings of the board of directors of the association of unit owners must be open to unit owners.

(g) The election of a chairperson or president, a secretary, a treasurer and any other officers of the association and any qualifications required of each officer.

(h) The preparation and adoption of a budget in accordance with ORS 100.483 (Annual budget) .

(i) Intentionally left blank —Ed.

(A) The maintenance, repair and replacement of the common elements and association property;

(B) Payment for the expense of maintenance, repair and replacement of common elements and association property and other expenses of the condominium in accordance with ORS 100.530 (Allocation of common profits and expenses) ; and

(C) The method of approving payment vouchers.

(j) The employment of personnel necessary for the maintenance and repair of the common elements.

(k) The manner of collecting assessments from the unit owners.

(L) Insurance coverage in accordance with ORS 100.435 (Insurance for individual units and common elements) and the responsibility for payment of the amount of the deductible in an association insurance policy.

(m) The preparation and distribution of the annual financial statement in accordance with ORS 100.480 (Maintaining documents and records) .

(n) The reserve account and the preparation, review and update of the reserve study and the maintenance plan required under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) .

(o) The filing of an Annual Report and any amendment with the Real Estate Agency in accordance with ORS 100.250 (Documents required to be filed with Real Estate Agency) .

(p) The method of adopting and of amending administrative rules and regulations governing the details of the operation of the condominium and use of the common elements.

(q) Restrictions on and requirements respecting the enjoyment and maintenance of the units and the common elements as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.

(r) Any restrictions on use or occupancy of units. Any such restrictions created by documents other than the bylaws may be incorporated by reference in the bylaws to the official records of the county in which the property is located.

(s) The method of amending the bylaws in accordance with ORS 100.410 (Adoption of bylaws) and 100.413 (Approval of amended or restated bylaws) .

(t) Any other details regarding the property that the declarant considers desirable. However, if a provision required to be in the declaration under ORS 100.105 (Contents of declaration) is included in the bylaws, the voting requirements for amending the declaration also govern the amendment of the provision in the bylaws.

(u) In the event additional units are proposed to be annexed or created pursuant to ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) , the method of apportioning common expenses in the event new units are added during the course of the fiscal year.

(2) The bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [Formerly 94.158; 1995 c.31 §12; 1999 c.677 §48; 2001 c.756 §41; 2007 c.409 §30; 2009 c.641 §27; 2019 c.69 §16]

Note: Sections 5 and 6, chapter 67, Oregon Laws 2021, provide:

Sec. 5. Section 6 of this 2021 Act is added to and made a part of ORS chapter 100. [2021 c.67 §5]

Sec. 6. (1) On or before December 31, 2024, each association of a condominium first established before September 1, 2021, that includes units used for residential purposes shall review the declaration and bylaws of the condominium and shall:

(a) Amend each document as necessary to remove all restrictions against the use of the condominium or the units not allowed under ORS 93.270 (Certain restrictions in instruments prohibited) (2) as provided under section 25 of this 2023 Act [ 93.271 (Amending declarations or bylaws to remove discriminatory provisions) ]; or

(b) Execute and record a certification that the association has reviewed the declaration and bylaws of the condominium and that the documents do not contain any restriction, rule or regulation against the use of the condominium or the units by a person or group of persons because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

(2) A certification under subsection (1)(b) of this section:

(a) May be recorded without the vote of the owners or the board members; and

(b) Must be in substantially the following form:

WITH ORS 93.270 (Certain restrictions in instruments prohibited) (2).

Pursuant to section 6, chapter 67, Oregon Laws 2021, the undersigned states:

1. The undersigned are the president and secretary for the condominium owners association _________ (name) in _________ County.

2. The declaration was first recorded under instrument number (or book and page number) ____________ recorded on _________. The declaration was most recently amended or restated, if ever, under instrument number _________ recorded on _________.

3. The bylaws were first recorded, if ever, under instrument number (or book and page number) ____________ recorded on _________. The bylaws were most recently amended or restated, if ever, under instrument number _________ recorded on _________.

4. The undersigned have determined that the current declarations and bylaws of the condominium, as last amended or revised, conform with ORS 93.270 (Certain restrictions in instruments prohibited) (2) and that there are no provisions that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits. Any such provision that may inadvertently remain is void and unenforceable.

5. Under this section, a vote of the association is not required.

6. The description of the real property in _________ County affected by this document is:

______________________

______________________

Dated this ___ day of ______ 20___.

Name: _________________

President, ____________ (association name)

Dated this ___ day of ______ 20___.

Name: _________________

Secretary, _________ (association name)

STATE OF OREGON )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this ___ day of ______ 20___ by _________ and _________.

__________________

Notary Public for Oregon

My commission expires: _________

[2021 c.67 §6; 2021 c.367 §5c; 2023 c.223 §27]

Note: Section 28, chapter 223, Oregon Laws 2023, provides:

Sec. 28. (1) The amendments to sections 4 and 6, chapter 67, Oregon Laws 2021, by sections 26 and 27 of this 2023 Act are intended to extend the deadline for compliance with those sections and to clarify the process by which associations may comply with those sections.

(2) Sections 4 and 6, chapter 67, Oregon Laws 2021, as amended by sections 26 and 27 of this 2023 Act, do not apply to a planned community or condominium that:

(a) Was established on or after September 1, 2021; or

(b) Complied with the requirements of section 4 or 6, chapter 67, Oregon Laws 2021, that were in effect before the effective date of this 2023 Act [June 30, 2023], notwithstanding the former deadline for compliance of December 31, 2022. [2023 c.223 §28]

Source: Section 100.415 — Contents of bylaws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.337 — OR Code / Title 10 / Chapter 92 / Section 92.337
92.337 Exemption procedures
Status: in_force

(1) The Real Estate Commissioner shall grant an exemption pursuant to this section if a subdivider or series partitioner submits on a form prepared by the commissioner, verification that:

(a) The subdivision or series partition is recorded pursuant to ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) ;

(b) Each lot or parcel is situated on a surfaced roadway which, together with means for operation and maintenance, meets the standards of the governing body of the local jurisdiction and is either a concrete or asphalt surface road which has right of way and improvements, including curbs and necessary and adequate drainage structures, or a road which meets alternative standards of the governing body of the local jurisdiction;

(c) The subdivision or series partition, where necessary, has drainage structures and fill designed to prevent flooding and approved by the appropriate governing body;

(d) Energy sources and telephone services for normal domestic use are economically available to the subdivision or series partition and are ready for hookup for each lot or parcel at time of sale or lease;

(e) Water is available for each lot or parcel at the time of sale or lease of each lot or parcel in quantity and quality for domestic use as determined by the Oregon Health Authority;

(f) A municipally owned disposal system, an individual or collective subsurface sewage disposal system to serve the lot or parcel, or a privately owned sewage disposal system is available for each lot or parcel at the time of sale or lease of each lot or parcel which meets the requirements of the Environmental Quality Commission;

(g) A surety bond, or bonds, or other security or agreements to complete the improvements is provided by the subdivider or series partitioner to the city or county having jurisdiction so that all of the subdivision or series partition improvements committed by the subdivider or series partitioner to the city or county will be completed; and

(h) Provisions, satisfactory to the commissioner, have been made for satisfaction of all liens and encumbrances existing against the subdivision or series partition which secure or evidence the payment of money.

(2) A subdivision or series partition granted exemption under this section shall be exempt from the provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) and 92.820 except ORS 92.375 (Consent to service of process on commissioner) , 92.385 (Examination) , 92.425 (Conditions prerequisite to sale) , 92.427 (Cancellation of agreement to buy interest in subdivision or series partition) , 92.430 (Notice to purchaser of cancellation rights) , 92.433 (Escrow documents required of successor to vendor’s interest) , 92.455 (Inspection of records) , 92.460 (Blanket encumbrance permitted only in certain circumstances) , 92.465 (Fraud and deceit prohibited) , 92.475 (False or misleading advertising prohibited) , 92.485 (Waiver of legal rights void) , 92.490 (Civil penalty) and 92.495 (Cease and desist order) .

(3) The commissioner may withdraw the exemption provided by this section if the commissioner determines that the subdivider or series partitioner has provided false information or omitted to state material facts to obtain the exemption or has failed to comply with any provision to which the subdivider or series partitioner is subject under subsections (1) and (2) of this section.

(4) In the event that any provision under subsection (1) of this section is not or cannot be satisfied and without invoking the power granted under subsection (3) of this section, the commissioner and the subdivider or series partitioner may mutually agree in writing upon a written disclosure of the condition that shall be provided to any prospective purchaser prior to the sale or lease of any interest in the subdivision or series partition to carry out the public policy stated in ORS 92.313 (Policy) .

(5) The form required by subsection (1) of this section shall be accompanied by a filing fee of $100 plus $10 for each lot, parcel or interest in the subdivision or series partition, with a maximum fee of $500.

(6) For purposes of verification by the subdivider or series partitioner under subsection (1)(b), (c) and (g) of this section, a copy of the conditions imposed by the appropriate governing body will be sufficient. [1975 c.643 §20; 1977 c.809 §1; 1979 c.242 §2; 1983 c.570 §10; 2009 c.595 §60]

Source: Section 92.337 — Exemption procedures; withdrawal of exemption; filing fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 94.645 — OR Code / Title 10 / Chapter 94 / Section 94.645
94.645 Adoption of annual budget
Status: in_force

(1) The board of directors at least annually shall adopt a budget for the planned community.

(2) The budget shall include moneys to be allocated to the reserve account under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) .

(3) Within 30 days after adopting the annual budget for the planned community, the board of directors shall provide a summary of the budget to all owners.

(4) If the board fails to adopt a budget, the last adopted annual budget shall continue in effect. [1981 c.782 §39; 1999 c.677 §16; 2007 c.409 §8a]

Source: Section 94.645 — Adoption of annual budget , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.858 — OR Code / Title 10 / Chapter 98 / Section 98.858
98.858 Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature
Status: in_force

(1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to:

(a) Redeem or inspect the motor vehicle:

(A) Between 8 a.m. and 6 p.m. on business days;

(B) At all other hours, within 60 minutes after asking the tower to release or allow for the inspection of the motor vehicle; and

(C) Within 30 minutes of a time mutually agreed upon between the tower and the owner or person in lawful possession of the motor vehicle;

(b) Contact the tower at any time to receive information about the location of the motor vehicle and instructions for obtaining release of the motor vehicle; and

(c) Obtain all personal property of an emergency nature in the motor vehicle and the motor vehicle’s registration plates within the time allowed under paragraph (a) of this subsection.

(2) A tower may not charge the owner or person in lawful possession of the motor vehicle a fee in any amount to obtain personal property of an emergency nature or registration plates except for a gate fee between the hours of 6 p.m. and 8 a.m. on business days, or on a Saturday, a Sunday or a legal holiday. [2007 c.538 §5; 2017 c.480 §11; 2017 c.523 §8; 2019 c.13 §25; 2019 c.17 §1]

Source: Section 98.858 — Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.660 — OR Code / Title 10 / Chapter 94 / Section 94.660
94.660 Method of voting or consenting
Status: in_force

(1) The vote or consent of a lot may be cast or given:

(a) In person at a meeting of the homeowners association.

(b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section.

(c) Unless the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section.

(d) By written ballot in lieu of a meeting under ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) .

(e) By any other method specified by the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(2) Intentionally left blank —Ed.

(a) A proxy:

(A) Must be dated and signed by the owner;

(B) Is not valid if it is undated or purports to be revocable without notice; and

(C) Terminates one year after its date unless the proxy specifies a shorter term.

(b) The board of directors may not require that a proxy be on a form prescribed by the board.

(c) An owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) .

(d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid.

(3) Intentionally left blank —Ed.

(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

(b) All solicitations for votes by absentee ballot shall include:

(A) Instructions for delivery of the completed absentee ballot, including the delivery location; and

(B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions.

(c) An absentee ballot shall be counted as an owner present for the purpose of establishing a quorum.

(d) Even if an absentee ballot has been delivered to an owner, the owner may vote in person at a meeting if the owner has:

(A) Returned the absentee ballot; and

(B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection. [1981 c.782 §42; 1999 c.677 §19; 2003 c.569 §14; 2007 c.409 §13]

Source: Section 94.660 — Method of voting or consenting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.380 — OR Code / Title 10 / Chapter 90 / Section 90.380
90.380 Effect of rental of dwelling in violation of building or housing codes
Status: in_force

(1) As used in this section, “posted” means that a governmental agency has attached a copy of the agency’s written determination in a secure manner to the main entrance of the dwelling unit or to the premises or building of which the dwelling unit is a part.

(2) Intentionally left blank —Ed.

(a) If a governmental agency has posted a dwelling unit as unsafe and unlawful to occupy due to the existence of conditions that violate state or local law and materially affect health or safety to an extent that, in the agency’s determination, the tenant must vacate the unit and another person may not take possession of the unit, a landlord may not continue a tenancy or enter into a new tenancy for the dwelling unit until the landlord corrects the conditions that led to the agency’s determination.

(b) If a landlord knowingly violates paragraph (a) of this subsection, the tenant may immediately terminate the tenancy by giving the landlord actual notice of the termination and the reason for the termination and may recover from the landlord either two months’ periodic rent or up to twice the actual damages sustained by the tenant as a result of the violation, whichever is greater. The tenant need not terminate the tenancy to recover damages under this section.

(3) Intentionally left blank —Ed.

(a) If a governmental agency has given a written notice to a landlord that a dwelling unit has been determined to be unlawful, but not unsafe, to occupy due to the existence of conditions that violate state or local law and materially affect health or safety to an extent that, in the agency’s determination, although the unit is safe for an existing tenant to occupy, another person may not take possession of the unit, the landlord may not enter into a new tenancy for the dwelling unit until the landlord corrects the conditions that led to the agency’s determination.

(b) If a landlord knowingly violates paragraph (a) of this subsection, the tenant may recover from the landlord either two months’ periodic rent or up to twice the actual damages sustained by the tenant as a result of the violation, whichever is greater.

(c) Notwithstanding paragraph (b) of this subsection, a landlord is not liable to a tenant for a violation of paragraph (a) of this subsection if, prior to the commencement of the tenancy, the landlord discloses to the tenant that the dwelling unit has been determined to be unlawful to occupy.

(d) A disclosure described in paragraph (c) of this subsection must be in writing, include a description of the conditions that led to the agency’s determination and state that the landlord is obligated to correct the conditions before entering into a new tenancy. The landlord shall attach a copy of the agency’s notice to the disclosure. The notice copy may provide the information required by this paragraph to be disclosed by the landlord to the tenant.

(e) A disclosure described in paragraph (c) of this subsection does not release the landlord from the duties imposed by this chapter, including the duty to maintain the dwelling unit in a habitable condition pursuant to ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) . A tenant who enters into a tenancy after the landlord’s disclosure does not waive the tenant’s other remedies under this chapter. The disclosure does not prevent the governmental agency that made the determination from imposing on the landlord any penalty authorized by law for entering into the new tenancy.

(4) Intentionally left blank —Ed.

(a) If a governmental agency has made a determination regarding a dwelling unit and has posted or given notice for conditions described in subsection (2)(a) or (3)(a) of this section, a landlord may not accept from an applicant for that dwelling unit a deposit to secure the execution of a rental agreement pursuant to ORS 90.297 (Prohibition on charging deposit or fee to enter rental agreement) unless, before accepting the deposit, the landlord discloses to the applicant as provided by subsection (3)(c) of this section that the dwelling unit has been determined to be unlawful to occupy.

(b) If a landlord knowingly violates paragraph (a) of this subsection or fails to correct the conditions leading to the agency’s determination before the date a new tenancy is to begin as provided by the agreement to secure the execution of a rental agreement, an applicant may terminate the agreement to secure the execution of the rental agreement by giving the landlord actual notice of the termination and the reason for termination. As a result of a termination, the applicant may recover from the landlord an amount equal to twice the deposit. If an applicant recovers damages for a violation pursuant to this paragraph, the applicant may not recover any amounts under ORS 90.297 (Prohibition on charging deposit or fee to enter rental agreement) .

(5) If, after a landlord and a tenant have entered into a tenancy, a governmental agency posts a dwelling unit as unsafe and unlawful to occupy due to the existence of conditions that violate state or local law, that materially affect health or safety and that:

(a) Were not caused by the tenant, the tenant may immediately terminate the tenancy by giving the landlord actual notice of the termination and the reason for the termination; or

(b) Were not caused by the landlord or by the landlord’s failure to maintain the dwelling, the landlord may terminate the tenancy by giving the tenant 24 hours’ written notice of the termination and the reason for the termination, after which the landlord may take possession in the manner provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(6) If the tenancy is terminated, as a result of conditions as described in subsections (2), (4) and (5) of this section, within 14 days of the notice of termination the landlord shall return to the applicant or tenant:

(a) All of the deposit to secure the execution of a rental agreement, security deposit or prepaid rent owed to the applicant under this section or to the tenant under ORS 90.300 (Security deposits) ; and

(b) All rent prepaid for the month in which the termination occurs, prorated, if applicable, to the date of termination or the date the tenant vacates the premises, whichever is later.

(7) If conditions at premises that existed at the outset of the tenancy and that were not caused by the tenant pose an imminent and serious threat to the health or safety of occupants of the premises within six months from the beginning of the tenancy, the tenant may immediately terminate the rental agreement by giving the landlord actual notice of the termination and the reason for the termination. In addition, if the landlord knew or should have reasonably known of the existence of the conditions, the tenant may recover either two months’ periodic rent or twice the actual damages sustained by the tenant as a result of the violation, whichever is greater. The tenant need not terminate the rental agreement to recover damages under this section. Within four days of the tenant’s notice of termination, the landlord shall return to the tenant:

(a) All of the security deposit or prepaid rent owed to the tenant under ORS 90.300 (Security deposits) ; and

(b) All rent prepaid for the month in which the termination occurs, prorated to the date of termination or the date the tenant vacates the premises, whichever is later.

(8) Intentionally left blank —Ed.

(a) A landlord shall return the money due the applicant or tenant under subsections (6) and (7) of this section either by making the money available to the applicant or tenant at the landlord’s customary place of business or by mailing the money by first class mail to the applicant or tenant.

(b) The applicant or tenant has the option of choosing the method for return of any money due under this section. If the applicant or tenant fails to choose one of these methods at the time of giving the notice of termination, the landlord shall use the mail method, addressed to the last-known address of the applicant or tenant and mailed within the relevant four-day or 14-day period following the applicant’s or tenant’s notice.

(9) If the landlord fails to comply with subsection (8) of this section, the applicant or tenant may recover the money due in an amount equal to twice the amount due. [Formerly 91.817; 1993 c.369 §11; 1995 c.559 §24; 2001 c.596 §32]

Source: Section 90.380 — Effect of rental of dwelling in violation of building or housing codes; remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.050 — OR Code / Title 10 / Chapter 93 / Section 93.050
93.050 Gift or conveyance of life estate
Status: in_force

A gift or conveyance of property under deed or other writing executed after June 30, 1993, to any person for the term of the life of the person, and after the death of the person to the children or heirs of the person, vests an estate or interest for life only in the grantee or person receiving the gift or conveyance, and remainder in the children or heirs. [1991 c.850 §3]

Source: Section 93.050 — Gift or conveyance of life estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.983 — OR Code / Title 10 / Chapter 94 / Section 94.983
94.983 Cancellation of contract by purchaser
Status: in_force

(1) Any membership camping contract may be canceled at the option of the purchaser, if:

(a) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the membership camping operator; and

(b) The notice is posted not later than midnight of the third business day following the day on which the membership camping contract is signed.

(2) In addition to the cancellation right established in subsection (1) of this section, any purchaser who signs a membership camping contract without inspecting a campground or facility with camping sites or proposed camping sites may, after making an inspection, cancel the membership camping contract by posting a notice by certified mail, return receipt requested, not later than midnight of the sixth business day following the day on which the membership camping contract is signed. In computing the number of business days, the day on which the membership camping contract was signed, Saturdays, Sundays and legal holidays shall not be included as a “business day.” The membership camping operator shall promptly refund any money or other consideration paid by the purchaser upon receipt of timely notice of cancellation by the purchaser.

(3) Every membership camping contract shall include the following statement in at least 10-point type immediately before the space for the purchaser’s signature:

Purchaser’s Right To Cancel: You may cancel this membership camping contract without any cancellation fee or other penalty by sending notice of cancellation by certified mail, return receipt requested, to _____ (insert name and mailing address of membership camping operator). The notice must be postmarked by midnight of the third business day following the day on which the membership camping contract is signed. In computing the three business days, the day on which the membership camping contract is signed shall not be included as a “business day,” nor shall Saturday, Sunday or legal holidays be included.

(4) If the purchaser has not inspected a campground or facility at which camping sites are located or planned, the notice must contain the following additional language:

If you sign this membership camping contract without having first inspected the property at which camping sites are located or planned, you may also cancel this membership camping contract by giving this notice within six business days following the day on which you signed if you inspect such a property prior to sending the notice.

(5) No act of a purchaser shall be effective to waive the right of cancellation granted by subsection (1) or (2) of this section. [1985 c.639 §11]

Source: Section 94.983 — Cancellation of contract by purchaser; notice of right to cancel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.005 — OR Code / Title 10 / Chapter 100 / Section 100.005
100.005 Definitions
Status: reserved

As used in this chapter, unless the context requires otherwise:

(1) “Acknowledged” means, with respect to a signature on a document or a signed document, that the document is acknowledged in the form and manner provided for the acknowledgment of a deed.

(2) “Assessment” means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter.

(3) “Association of unit owners” or “association” means the association provided for under ORS 100.405 (Association of unit owners) .

(4) “Association property” means any real property or interest in real property acquired, held or possessed by the association provided for under ORS 100.405 (Association of unit owners) .

(5) “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement.

(6) “Building” means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. “Building” also includes a floating structure described in ORS 100.020 (Condominium provisions) (3)(b)(D).

(7) “Certified by the association” or “executed by the association” means signed by the secretary and the president or chairperson of the association.

(8) “Commissioner” means the Real Estate Commissioner.

(9) “Common elements” means the general common elements and the limited common elements.

(10) “Common expenses” means:

(a) Expenses of administration, maintenance, repair or replacement of the common elements; and

(b) Expenses declared common by this chapter or by the declaration or the bylaws of the particular condominium.

(11) “Condominium” means:

(a) With respect to property located within this state:

(A) The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;

(B) Any buildings, improvements and structures on the property; and

(C) Any easements, rights and appurtenances belonging to the property submitted to the condominium form of ownership under this chapter; and

(b) With respect to property located outside this state, the property that has been committed to the condominium form of ownership in accordance with the jurisdiction within which the property is located.

(12) “Conversion condominium” means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

(a) Residential in nature, at least in part; and

(b) Not wholly commercial or industrial, or commercial and industrial, in nature.

(13) “Declarant” means a person who records a declaration under ORS 100.100 (Property submitted to unit ownership by declaration) or a supplemental declaration under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) .

(14) “Declaration” means the instrument described in ORS 100.105 (Contents of declaration) by which the condominium is created and as modified by any amendment recorded in accordance with ORS 100.135 (Amendments to declaration) or supplemental declaration recorded in accordance with ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) .

(15) “Developer” means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale.

(16) “Electric vehicle charging station” or “charging station” means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.

(17) “Electronic meeting” means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present.

(18) “Flexible condominium” means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS 100.150 (Declarant’s options until termination date) (1).

(19) “General common elements,” unless otherwise provided in a declaration, means all portions of the condominium that are not part of a unit or a limited common element, including but not limited to the following:

(a) The land, whether fee simple, leasehold, easement, other interest or combination thereof, together with any rights and appurtenances;

(b) The foundations, columns, girders, beams, supports, bearing and shear walls, windows, except glazing and screening, unit access doors, except glazing and screening, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances and exits of a building;

(c) The basements, yards, gardens, parking areas and outside storage spaces;

(d) Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal and incinerating;

(e) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

(f) The premises for the lodging of janitors or caretakers of the property; and

(g) All other elements of a building and the condominium necessary or convenient to their existence, maintenance and safety, or normally in common use.

(20) “Governing document” means articles of incorporation, bylaws, a declaration or a rule, regulation or resolution that was properly adopted by the association of unit owners or any other instrument or plat relating to common ownership or common maintenance of a portion of a condominium that is binding upon units within the condominium.

(21) “Leasehold” means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS 100.100 (Property submitted to unit ownership by declaration) .

(22) “Limited common elements” means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units.

(23) “Majority” or “majority of unit owners” means more than 50 percent of the voting rights allocated to the units by the declaration.

(24) “Mortgagee” means any person who is:

(a) A mortgagee under a mortgage;

(b) A beneficiary under a trust deed; or

(c) The vendor under a land sale contract.

(25) “Negotiation” means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit.

(26) “Nonwithdrawable variable property” means property which pursuant to ORS 100.150 (Declarant’s options until termination date) (1)(b):

(a) Is designated nonwithdrawable in the declaration and on the plat; and

(b) Which may not be withdrawn from the condominium without the consent of all of the unit owners.

(27) “Percent of owners” or “percentage of owners” means the percent of the voting rights determined under ORS 100.525 (Voting or consenting) .

(28) “Purchaser” means an actual or prospective purchaser of a condominium unit pursuant to a sale.

(29) “Recorded” means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located.

(30) “Recording officer” means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property.

(31) “Reservation agreement” means an agreement relating to the future sale of a unit which is not binding on the purchaser and which grants purchaser the right to cancel the agreement without penalty and obtain a refund of any funds deposited at any time until purchaser executes a unit sales agreement.

(32) “Sale” means any disposition or transfer of a condominium unit, or an interest or estate therein, by a developer, including the offering of the property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer. As used in this subsection, “interest or estate” includes a lessee’s interest in a unit for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. “Interest or estate” does not include any interest held for security purposes or a timeshare regulated or otherwise exempt under ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) .

(33) “Special declarant right” means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter.

(34) “Staged condominium” means a condominium that provides for annexation of additional property pursuant to ORS 100.115 (Recording declaration and plat) and 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) .

(35) “Successor declarant” means the transferee of any special declarant right.

(36) “Termination date” means that date described in ORS 100.105 (Contents of declaration) (2)(b) or (7)(d).

(37) “Transitional committee” means the committee provided for under ORS 100.205 (Transitional committee) .

(38) “Turnover meeting” means the meeting provided for under ORS 100.210 (Turnover meeting) .

(39) “Unit” or “condominium unit” means a part of the property which:

(a) Is described in ORS 100.020 (Condominium provisions) (3);

(b) Is intended for any type of independent ownership; and

(c) The boundaries of which are described pursuant to ORS 100.105 (Contents of declaration) (1)(d).

(40) “Unit designation” means the number, letter or combination thereof designating a unit in the declaration and on the plat.

(41) “Unit owner” means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a unit, the holder of a vendee’s interest in a unit under a recorded installment contract of sale and, in the case of a leasehold condominium, the holder of the leasehold estate in a unit.

(42) “Unit sales agreement” means a written offer or agreement for the sale of a condominium unit which when fully executed will be binding on all parties. “Unit sales agreement” includes but is not limited to an earnest money receipt and agreement to purchase and other such agreements which serve as an agreement of sale for a cash transaction or which are preliminary to the execution of an installment contract of sale, but does not include a reservation agreement.

(43) “Variable property” means property described in ORS 100.150 (Declarant’s options until termination date) (2) and designated as variable property in the declaration and on the plat.

(44) “Voting rights” means the portion of the votes allocated to a unit by the declaration in accordance with ORS 100.105 (Contents of declaration) (1)(j). [Formerly 94.004; 1997 c.816 §1; 1999 c.677 §38; 2001 c.756 §24; 2007 c.410 §5; 2013 c.438 §5; 2017 c.221 §2; 2017 c.423 §1; 2019 c.69 §34; 2021 c.40 §16]

Source: Section 100.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.935 — OR Code / Title 10 / Chapter 105 / Section 105.935
105.935 Court order for retrieval or use of data by law enforcement officers or certain emergency service providers
Status: in_force

Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner after an accident if a court orders the production of the data based on a determination by the court that:

(1) A law enforcement officer has probable cause to believe that a crime has occurred and that the data is relevant to the investigation of the crime; or

(2) A law enforcement officer, firefighter or emergency medical services provider seeks to obtain the data in the course of responding to or investigating an emergency involving the physical injury or the risk of physical injury to any person. [2007 c.644 §4]

Source: Section 105.935 — Court order for retrieval or use of data by law enforcement officers or certain emergency service providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.180 — OR Code / Title 10 / Chapter 97 / Section 97.180
97.180 Period within which body may not be used or dismembered
Status: in_force

An institution that receives a body pursuant to ORS 97.170 (Disposition of unclaimed body of deceased person) and that intends to use the body for ongoing research may properly preserve the body upon receipt for anatomical purposes, but may not use or dismember the body for at least 30 days after receipt. If a relative or friend of the deceased person claims the body within the 30 days specified in this section, the institution with custody of the body shall release the body to a funeral establishment licensed under ORS 692.146 (Application for funeral establishment or immediate disposition company license) on behalf of the relative or friend. [Amended by 2015 c.651 §2]

Source: Section 97.180 — Period within which body may not be used or dismembered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.315 — OR Code / Title 10 / Chapter 105 / Section 105.315
105.315 Disposition of life estate or leasehold
Status: in_force

When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such parcel subject to the tenants prior unsold estate; but if in the judgment of the court a due regard to the interest of all the parties requires that such estate should also be sold, the sale of the estate may be ordered.

Source: Section 105.315 — Disposition of life estate or leasehold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.863 — OR Code / Title 10 / Chapter 94 / Section 94.863
94.863 Developer’s duty to managing entity
Status: in_force

The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following:

(1) The original or a photocopy of the recorded timeshare instrument for the timeshare plan and any supplements and amendments thereto.

(2) A copy of any other document creating the managing entity.

(3) Any rules and regulations that have been promulgated.

(4) A report of the present financial condition of the timeshare plan. The report shall consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the timeshare instrument whichever period is less.

(5) All funds of the timeshare plan, or control thereof, including, but not limited to, any bank signature card.

(6) All tangible personal property that is the property of the timeshare plan and an inventory of such property.

(7) A copy of the following, if available:

(a) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

(b) The original specifications indicating all material changes.

(c) The plans for any underground site service, site grading, drainage and landscaping.

(d) Any other plans and information relevant to future repair or maintenance of the timeshare property.

(8) Insurance policies.

(9) A roster of timeshare owners and their addresses and telephone numbers, if known, as shown on the developer’s records.

(10) Leases of the timeshare facilities and accommodations and any other leases to which the managing entity is a party.

(11) Any employment or service contract to which the managing entity is a party and any service contract under which the managing entity has an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

(12) Any other contract to which the managing entity is a party. [1983 c.530 §14]

Source: Section 94.863 — Developer’s duty to managing entity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.365 — OR Code / Title 10 / Chapter 90 / Section 90.365
90.365 Failure of landlord to supply essential services
Status: in_force

(1) If contrary to the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) the landlord intentionally or negligently fails to supply any essential service, the tenant may give written notice to the landlord specifying the breach and that the tenant may seek substitute services, diminution in rent damages or substitute housing. After allowing the landlord a reasonable time and reasonable access under the circumstances to supply the essential service, the tenant may:

(a) Procure reasonable amounts of the essential service during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent;

(b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or

(c) If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, procure substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. In addition, the tenant may recover as damages from the landlord the actual and reasonable cost or fair and reasonable value of comparable substitute housing in excess of the rent for the dwelling unit. For purposes of this paragraph, substitute housing is comparable if it is of a quality that is similar to or less than the quality of the dwelling unit with regard to basic elements including cooking and refrigeration services and, if warranted, upon consideration of factors such as location in the same area as the dwelling unit, the availability of substitute housing in the area and the expense relative to the range of choices for substitute housing in the area. A tenant may choose substitute housing of relatively greater quality, but the tenant’s damages shall be limited to the cost or value of comparable substitute housing.

(2) If contrary to the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) the landlord fails to supply any essential service, the lack of which poses an imminent and serious threat to the tenant’s health, safety or property, the tenant may give written notice to the landlord specifying the breach and that the rental agreement shall terminate in not less than 48 hours unless the breach is remedied within that period. If the landlord adequately remedies the breach before the end of the notice period, the rental agreement shall not terminate by reason of the breach. As used in this subsection, “imminent and serious threat to the tenant’s health, safety or property” shall not include the presence of radon, asbestos or lead-based paint or the future risk of flooding or seismic hazard, as defined by ORS 455.447 (Regulation of certain structures vulnerable to earthquakes and tsunamis) .

(3) For purposes of subsection (1) of this section, a landlord shall not be considered to be intentionally or negligently failing to supply an essential service if:

(a) The landlord substantially supplies the essential service; or

(b) The landlord is making a reasonable and good faith effort to supply the essential service and the failure is due to conditions beyond the landlord’s control.

(4) This section does not require a landlord to supply a cooking appliance or a refrigerator if the landlord did not supply or agree to supply a cooking appliance or refrigerator to the tenant.

(5) If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1) as to that breach.

(6) Rights of the tenant under this section do not arise if the condition was caused by the deliberate or negligent act or omission of the tenant or a person on the premises with the tenant’s consent.

(7) Service or delivery of actual or written notice shall be as provided by ORS 90.150 (Service or delivery of actual notice) and 90.155 (Service or delivery of written notice) , including the addition of three days to the notice period if written notice is delivered by first class mail.

(8) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place does not apply to a manufactured dwelling, recreational vehicle or floating home if the tenant owns the manufactured dwelling, recreational vehicle or floating home and rents the space. [Formerly 91.805; 1995 c.559 §21; 1997 c.577 §20; 1999 c.603 §22; 1999 c.676 §14; 2007 c.508 §8]

Source: Section 90.365 — Failure of landlord to supply essential services; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.573 — OR Code / Title 10 / Chapter 94 / Section 94.573
94.573 Class I or Class II planned community option to amend governing documents to conform to statute
Status: in_force

(1)(a)(A) The owners in a Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) may amend any provision of the planned community’s governing documents to conform with this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783) , 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) , 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783) , 94.590 (Amendment of declaration by owners) , 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association) , 94.626 (Corporate dissolution of association) , 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership) , 94.640 (Association board of directors) , 94.641 (Assent of director to board action) , 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors) , 94.644 (Meetings of board of directors) , 94.645 (Adoption of annual budget) , 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) , 94.650 (Meetings of lot owners) , 94.652 (Electronic notice to owner or director) , 94.655 (Quorum for association meetings) , 94.657 (Rules of order) , 94.658 (Voting or granting consent) , 94.660 (Method of voting or consenting) , 94.661 (Electronic ballot) , 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding) , 94.665 (Authority of association to sell, transfer, convey or encumber common property) , 94.670 (Association duty to keep documents and records) , 94.675 (Insurance for common property) , 94.676 (Insurance deductible for certain planned communities) , 94.680 (Blanket all-risk insurance) , 94.690 (Terms of insurance under ORS 94.680) , 94.695 (Authority to delegate association powers to master association) , 94.704 (Assessment and payment of common expenses) , 94.709 (Liens against lots) , 94.712 (Lot owner personally liable for assessment) , 94.716 (Lien against two or more lots) , 94.719 (Lien foreclosure) , 94.723 (Common expenses) , 94.728 (Taxation of lots and common property) , 94.733 (Easements held by owner of lot and by declarant) , 94.762 (Electric vehicle charging stations) , 94.770 (Application of rule against perpetuities) , 94.775 (Judicial partition of lots) , 94.777 (Compliance with bylaws and other restrictions required) , 94.779 (Unenforceability of certain requirements and restrictions) and 94.780 (Remedies) .

(B) An amendment to any provision of a planned community’s governing documents made pursuant to this paragraph must be executed in accordance with the procedures for the adoption of amendments prescribed by, and subject to any limitations specified in, the planned community’s governing documents.

(C) Nothing in this section or ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) requires the owners to amend a declaration or bylaws to include the information required by ORS 94.580 (Declaration) or 94.635 (Association bylaws) .

(b) If a planned community’s governing documents do not provide procedures to amend the provisions of the governing documents:

(A) The owners may amend the inconsistent provisions of a governing document other than bylaws to conform with this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783) , 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) , 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783) , 94.590 (Amendment of declaration by owners) , 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association) , 94.626 (Corporate dissolution of association) , 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership) , 94.640 (Association board of directors) , 94.641 (Assent of director to board action) , 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors) , 94.644 (Meetings of board of directors) , 94.645 (Adoption of annual budget) , 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) , 94.650 (Meetings of lot owners) , 94.652 (Electronic notice to owner or director) , 94.655 (Quorum for association meetings) , 94.657 (Rules of order) , 94.658 (Voting or granting consent) , 94.660 (Method of voting or consenting) , 94.661 (Electronic ballot) , 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding) , 94.665 (Authority of association to sell, transfer, convey or encumber common property) , 94.670 (Association duty to keep documents and records) , 94.675 (Insurance for common property) , 94.676 (Insurance deductible for certain planned communities) , 94.680 (Blanket all-risk insurance) , 94.690 (Terms of insurance under ORS 94.680) , 94.695 (Authority to delegate association powers to master association) , 94.704 (Assessment and payment of common expenses) , 94.709 (Liens against lots) , 94.712 (Lot owner personally liable for assessment) , 94.716 (Lien against two or more lots) , 94.719 (Lien foreclosure) , 94.723 (Common expenses) , 94.728 (Taxation of lots and common property) , 94.733 (Easements held by owner of lot and by declarant) , 94.762 (Electric vehicle charging stations) , 94.770 (Application of rule against perpetuities) , 94.775 (Judicial partition of lots) , 94.777 (Compliance with bylaws and other restrictions required) and 94.780 (Remedies) by a vote of at least 75 percent of the owners in the planned community.

(B) The owners may amend the inconsistent provisions of the bylaws to conform with this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783) , 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) , 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783) , 94.590 (Amendment of declaration by owners) , 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association) , 94.626 (Corporate dissolution of association) , 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership) , 94.640 (Association board of directors) , 94.641 (Assent of director to board action) , 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors) , 94.644 (Meetings of board of directors) , 94.645 (Adoption of annual budget) , 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) , 94.650 (Meetings of lot owners) , 94.652 (Electronic notice to owner or director) , 94.655 (Quorum for association meetings) , 94.657 (Rules of order) , 94.658 (Voting or granting consent) , 94.660 (Method of voting or consenting) , 94.661 (Electronic ballot) , 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding) , 94.665 (Authority of association to sell, transfer, convey or encumber common property) , 94.670 (Association duty to keep documents and records) , 94.675 (Insurance for common property) , 94.676 (Insurance deductible for certain planned communities) , 94.680 (Blanket all-risk insurance) , 94.690 (Terms of insurance under ORS 94.680) , 94.695 (Authority to delegate association powers to master association) , 94.704 (Assessment and payment of common expenses) , 94.709 (Liens against lots) , 94.712 (Lot owner personally liable for assessment) , 94.716 (Lien against two or more lots) , 94.719 (Lien foreclosure) , 94.723 (Common expenses) , 94.728 (Taxation of lots and common property) , 94.733 (Easements held by owner of lot and by declarant) , 94.762 (Electric vehicle charging stations) , 94.770 (Application of rule against perpetuities) , 94.775 (Judicial partition of lots) , 94.777 (Compliance with bylaws and other restrictions required) , 94.779 (Unenforceability of certain requirements and restrictions) , and 94.780 (Remedies) by a vote of at least a majority of the owners in the planned community.

(C) The owners may adopt an amendment to the provisions of a governing document at a meeting held in accordance with the governing documents or by another procedure permitted by the governing documents that follows the procedures prescribed in ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) , 94.650 (Meetings of lot owners) or 94.660 (Method of voting or consenting) .

(2) The owners of a planned community described in subsection (1) of this section shall execute, certify and record an amendment adopted pursuant to subsection (1) of this section to:

(a) A recorded declaration as provided in ORS 94.590 (Amendment of declaration by owners) (2), (3) and (5).

(b) The bylaws or any other governing document as provided in ORS 94.590 (Amendment of declaration by owners) (3). If the bylaws or other governing document to which the amendment relates were recorded, the owners shall cause an amendment to the bylaws or other governing document to be recorded in the office of the recording officer of every county in which the planned community is located.

(3) An amendment adopted pursuant to subsection (1) of this section shall include:

(a) A reference to the recording index numbers and date of recording of the governing document, if recorded, to which the amendment relates; and

(b) A statement that the amendment is adopted. [2017 c.423 §10; 2021 c.40 §11]

Source: Section 94.573 — Class I or Class II planned community option to amend governing documents to conform to statute , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 95.305 — OR Code / Title 10 / Chapter 95 / Section 95.305
95.305 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2023 c.83 §4]

Note: See note under 95.200 (Definitions for ORS 95.200 to 95.310) .

Source: Section 95.305 — Relation to Electronic Signatures in Global and National Commerce Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 90.560 — OR Code / Title 10 / Chapter 90 / Section 90.560
90.560 Definitions for ORS 90.560 to 90.584
Status: in_force

As used in ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) :

(1) “Direct billing” means a relationship between the tenant and the utility or service provider in which:

(a) The provider provides the utility or service directly to the tenant’s space, including any utility or service line, and bills the tenant directly; and

(b) The landlord does not act as a provider.

(2) “Park specific billing” means a relationship between the manufactured dwelling park landlord, tenant and utility or service provider in which:

(a) The provider provides the utility or service to the landlord;

(b) The landlord provides the utility or service directly to the tenant’s space; and

(c) The landlord uses a billing method to fairly apportion the utility or service as approved by a majority of the manufactured dwelling park tenants.

(3) “Pro rata billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a) The provider provides the utility or service to the landlord;

(b) The landlord provides the utility or service directly to the tenant’s space or to a common area available to the tenant as part of the tenancy; and

(c) The landlord bills the tenant for a utility or service charge separately from the rent in an amount determined by apportioning on a pro rata basis the provider’s charge to the landlord as measured by a master meter.

(4) “Public service charge” has the meaning given the term in ORS 90.315 (Utility or service payments) .

(5) “Rent-included billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a) The provider provides the utility or service to the landlord;

(b) The landlord provides the utility or service directly to the tenant’s space or to a common area available to the tenant as part of the tenancy; and

(c) The landlord includes the cost of the utility or service in the tenant’s rent.

(6) “Submeter” means a device owned or under the control of a landlord and used to measure a utility or service actually provided to a tenant at the tenant’s space.

(7) “Submeter billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a) The provider provides the utility or service to the landlord;

(b) The landlord provides the utility or service directly to the tenant’s space; and

(c) The landlord uses a submeter to measure the utility or service actually provided to the space and bills the tenant for a utility or service charge for the amount provided.

(8) “Utility or service” has the meaning given that term in ORS 90.315 (Utility or service payments) . [Formerly 90.531]

Source: Section 90.560 — Definitions for ORS 90.560 to 90.584 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.105 — OR Code / Title 10 / Chapter 100 / Section 100.105
100.105 Contents of declaration
Status: reserved

(1) A declaration must contain:

(a) A description of the property, including property on which a unit or a limited common element is located, whether held in fee simple, leasehold, easement or other interest or combination thereof, that is being submitted to the condominium form of ownership and that conforms to the description in the surveyor’s certificate provided under ORS 100.115 (Recording declaration and plat) (1).

(b) Subject to subsection (11) of this section, a statement of the interest in the property being submitted to the condominium form of ownership, whether fee simple, leasehold, easement or other interest or combination thereof.

(c) Subject to subsections (5) and (6) of this section, the name by which the property is known and a general description of each unit and the building or buildings, including the number of stories and basements of each building, the total number of units and the principal materials of which they are constructed.

(d) The unit designation, a statement that the location of each unit is shown on the plat, a description of the boundaries and area in square feet of each unit and any other data necessary for proper identification. The area of a unit must be the same as shown for that unit on the plat described in ORS 100.115 (Recording declaration and plat) (1).

(e) A notice in substantially the following form in at least 12-point type in all capitals or boldface:

THE SQUARE FOOTAGE AREAS STATED IN THIS DECLARATION AND THE PLAT ARE BASED ON THE BOUNDARIES OF THE UNITS AS DESCRIBED IN THIS DECLARATION AND MAY VARY FROM THE AREA OF UNITS CALCULATED FOR OTHER PURPOSES.

(f) A description of the general common elements.

(g) An allocation to each unit of an undivided interest in the common elements in accordance with ORS 100.515 (Interest of units in common elements) and the method used to establish the allocation.

(h) The designation of any limited common elements including:

(A) A general statement of the nature of the limited common element;

(B) A statement of the unit to which the use of each limited common element is reserved, provided the statement is not a reference to an assignment of use specified on the plat; and

(C) The allocation of use of any limited common element appertaining to more than one unit.

(i) The method of determining liability for common expenses and right to common profits in accordance with ORS 100.530 (Allocation of common profits and expenses) .

(j) The voting rights allocated to each unit in accordance with ORS 100.525 (Voting or consenting) or, in the case of condominium units committed as property in a timeshare plan defined in ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) , the voting rights allocated in the timeshare instrument.

(k) A statement of the general nature of use, residential or otherwise, for which the building or buildings and each of the units is intended.

(L) A statement that the designated agent to receive service of process in cases provided in ORS 100.550 (Service of process) (1) is named in the Condominium Information Report which will be filed with the Real Estate Agency in accordance with ORS 100.250 (Documents required to be filed with Real Estate Agency) (1)(a).

(m) The method of amending the declaration and the percentage of voting rights required to approve an amendment of the declaration in accordance with ORS 100.135 (Amendments to declaration) .

(n) A statement as to whether or not the association of unit owners pursuant to ORS 100.405 (Association of unit owners) (5) and (8) has authority to grant leases, easements, rights of way, licenses and other similar interests affecting the general and limited common elements of the condominium and consent to vacation of roadways within and adjacent to the condominium.

(o) If the condominium contains a floating structure described in ORS 100.020 (Condominium provisions) (3), a statement regarding the authority of the board of directors of the association, subject to ORS 100.410 (Adoption of bylaws) , to temporarily relocate the floating structure without a majority vote of affected unit owners.

(p) Any restrictions on alienation of units. Any such restrictions created by documents other than the declaration may be incorporated by reference in the declaration to the official records of the county in which the property is located.

(q) Any other details regarding the property that the person executing the declaration considers desirable. However, if a provision required to be in the bylaws under ORS 100.415 (Contents of bylaws) is included in the declaration, the voting requirements for amending the bylaws also govern the amendment of the provision in the declaration.

(2) In the event the declarant proposes to annex additional property to the condominium under ORS 100.125 (Annexation of additional property) , the declaration also must contain a general description of the plan of development, including:

(a) The maximum number of units to be included in the condominium.

(b) The date after which any right to annex additional property will terminate.

(c) A general description of the nature and proposed use of any additional common elements which declarant proposes to annex to the condominium, if such common elements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.

(d) A statement that the method used to establish the allocation of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights for each unit annexed is as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.

(e) Such other information as the Real Estate Commissioner requires in order to carry out the purposes of this chapter.

(3) Unless expressly prohibited by the declaration and subject to the requirements of ORS 100.135 (Amendments to declaration) (2) and subsections (9) and (10) of this section:

(a) Not later than two years following the termination date specified in subsection (2)(b) of this section, the termination date may be extended for a period not exceeding five years.

(b) Before the termination date specified in the declaration or supplemental declaration under subsection (7)(d) of this section, the termination date may be extended for a period not exceeding five years.

(c) The general description under subsection (2)(c) of this section and the information included in the declaration or supplemental declaration in accordance with subsection (7)(c), (g) and (h) of this section may be changed by an amendment to the declaration or supplemental declaration and plat or supplemental plat.

(4) The information included in the declaration or supplemental declaration in accordance with subsection (2)(a) and (d) of this section and subsection (7)(a), (b), (e), (f) and (k) of this section may not be changed unless all owners agree to the change and an amendment to the declaration or supplemental declaration and, if applicable, the plat or supplemental plat are recorded in accordance with this chapter.

(5) The name of the property shall include the word “condominium” or “condominiums” or the words “a condominium.”

(6) A condominium may not bear a name which is the same as or deceptively similar to the name of any other, different condominium located in the same county.

(7) If the condominium is a flexible condominium containing variable property, the declaration shall also contain a general description of the plan of development, including:

(a) A statement that the rights provided for under ORS 100.150 (Declarant’s options until termination date) (1) are being reserved.

(b) A statement:

(A) Of any limitations on rights reserved under ORS 100.150 (Declarant’s options until termination date) (1), including whether the consent of any unit owner is required, and if so, a statement of the method by which the consent is ascertained; or

(B) That there are no limitations on rights reserved under ORS 100.150 (Declarant’s options until termination date) (1).

(c) A statement of the total number of tracts of variable property within the condominium, including:

(A) A designation of each tract as withdrawable variable property or nonwithdrawable variable property;

(B) Identification of each variable tract by a label in accordance with ORS 100.115 (Recording declaration and plat) (1)(h);

(C) A statement of the method of labeling each tract depicted on the plat in accordance with ORS 100.115 (Recording declaration and plat) (1)(h); and

(D) A statement of the total number of tracts of each type of variable property.

(d) The termination date, which is the date after which any right reserved under ORS 100.150 (Declarant’s options until termination date) (1) will terminate, and a statement of the circumstances, if any, that will terminate any right on or before the date specified. Subject to ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) , the termination date from the date of recording of the conveyance of the first unit in the condominium to a person other than the declarant may not exceed:

(A) Twenty years, only if a condominium consists, or may consist if the condominium is a flexible condominium, exclusively of units to be used for nonresidential purposes; or

(B) Seven years.

(e) The maximum number of units that may be created.

(f) A statement that the method used to establish the allocations of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights as additional units are created is the same as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.

(g) A general description of all existing improvements and the nature and proposed use of any improvements that may be made on variable property if the improvements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.

(h) A statement of whether or not the declarant reserves the right to create limited common elements within any variable property, and if so, a general description of the types that may be created.

(i) A statement that the plat shows the location and dimensions of all withdrawable variable property that is labeled “WITHDRAWABLE VARIABLE PROPERTY.”

(j) A statement that if by the termination date all or a portion of the withdrawable variable property has not been withdrawn or reclassified, the withdrawable variable property is automatically withdrawn from the condominium as of the termination date.

(k) A statement of the rights of the association under ORS 100.155 (Variable property) (2).

(L) A statement of whether or not all or any portion of the variable property may not be withdrawn from the condominium and, if so, with respect to the nonwithdrawable variable property:

(A) A statement that the plat shows the location and dimensions of all nonwithdrawable variable property that is labeled “NONWITHDRAWABLE VARIABLE PROPERTY.”

(B) A description of all improvements that may be made and a statement of the intended use of each improvement.

(C) A statement that, if by the termination date all or a portion of the variable property designated as “nonwithdrawable variable property” has not been reclassified, the property is automatically reclassified as of the termination date as a general common element of the condominium and any interest in the property held for security purposes is automatically extinguished by the classification.

(D) A statement of the rights of the association under ORS 100.155 (Variable property) (3).

(m) A statement by the local governing body or appropriate department thereof that the withdrawal of any variable property designated as “withdrawable variable property” in the declaration in accordance with paragraph (L) of this subsection, will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the declaration.

(8) The plan of development for any variable property included in the declaration or any supplemental declaration of any stage in accordance with subsection (7) of this section is subject to any plan of development included in the declaration in accordance with subsection (2) of this section, except that the time limitation specified in subsection (7)(d) of this section governs any right reserved under ORS 100.150 (Declarant’s options until termination date) (1) with respect to any variable property.

(9) The information included in the declaration in accordance with subsection (7)(j), (k) and (m) of this section may not be deleted by amendment.

(10) Intentionally left blank —Ed.

(a) Approval by the unit owners is not required for a declarant to redesignate withdrawable variable property as “nonwithdrawable variable property” under ORS 100.150 (Declarant’s options until termination date) (1) by supplemental declaration and supplemental plat, for any reason, including if the redesignation is required by the local governing body to comply with any planning or zoning regulation or ordinance.

(b) If as a result of a redesignation under paragraph (a) of this subsection, the information required to be included in the supplemental declaration under subsection (7)(L)(B) of this section is inconsistent with the information included in the declaration or supplemental declaration in accordance with subsection (7)(g) of this section, an amendment to the declaration or supplemental declaration and plat or supplemental plat approved by at least 75 percent of owners is required.

(11) The statement of an interest in property other than fee simple submitted to the condominium form of ownership and any easements, rights or appurtenances belonging to property submitted to the condominium form of ownership, whether leasehold or fee simple, must include:

(a) A reference to the recording index numbers and date of recording of the instrument creating the interest; or

(b) A reference to the law, administrative rule, ordinance or regulation that creates the interest if the interest is created under law, administrative rule, ordinance or regulation and not recorded in the office of the recording officer of the county in which the property is located. [Formerly 94.029; 1995 c.31 §1; 1997 c.816 §3; 1999 c.677 §40; 2001 c.756 §26; 2003 c.569 §23; 2007 c.410 §8; 2009 c.641 §36; 2019 c.69 §3; 2023 c.223 §14]

Source: Section 100.105 — Contents of declaration; property name; variable property description , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.974 — OR Code / Title 10 / Chapter 94 / Section 94.974
94.974 Written disclosures required
Status: in_force

(1) Except in a transaction exempt under ORS 94.962 (Exemptions from registration) , any person who sells a membership camping contract shall provide the prospective purchaser with those written disclosures required under ORS 94.959 (Application for registration) . Disclosures shall be substantially accurate and complete and made to a prospective purchaser before the prospective purchaser signs a membership camping contract or gives any consideration for the purchase of such contract. The person shall take a receipt from the prospective purchaser upon delivery of the disclosures. Each receipt shall be kept on file by the membership camping operator within this state subject to inspection by the Real Estate Commissioner or the commissioner’s authorized representative for a period of three years from the date the receipt is taken.

(2) Records of the sale of membership camping contracts shall be subject to inspection by the commissioner or the commissioner’s authorized representative. Any list identifying campground members obtained by the commissioner or the commissioner’s authorized representative shall be exempt from disclosure, as trade secrets, to any person, public body or state agency, under ORS 192.345 (Public records conditionally exempt from disclosure) . [1985 c.639 §8; 1991 c.377 §10]

Source: Section 94.974 — Written disclosures required; procedures; inspection of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.516 — OR Code / Title 10 / Chapter 90 / Section 90.516
90.516 Model statement for disclosure of improvements required under rental agreement
Status: in_force

The Attorney General, by rule, shall adopt a model written statement for use by manufactured dwelling park and converted rental space landlords pursuant to ORS 90.514 (Disclosure to prospective tenant of improvements required under rental agreement) . [2001 c.282 §5; 2005 c.41 §5]

Source: Section 90.516 — Model statement for disclosure of improvements required under rental agreement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.160 — OR Code / Title 10 / Chapter 98 / Section 98.160
98.160 Inventory and order to sell
Status: in_force

Upon the delivery to the justice of the peace of the affidavit as provided in ORS 98.150 (Affidavit by custodian when no response to notice) , the justice shall cause the property to be examined in the presence of the justice, and a true inventory thereof to be made. The justice shall annex to such inventory an order under the hand of the justice that the property therein described be sold at public auction by any constable of the constable district where the property is located, or if there is no constable, then by the county sheriff. [Amended by 1963 c.228 §1]

Source: Section 98.160 — Inventory and order to sell , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.816 — OR Code / Title 10 / Chapter 94 / Section 94.816
94.816 Partition prohibited
Status: in_force

(1) Except as otherwise provided in this section, no judicial action for partition of a timeshare property may be undertaken as long as the property remains subject to a timeshare plan.

(2) If any timeshare is owned by two or more persons as tenants in common, as tenants by the entirety or as tenants with rights of survivorship, nothing in this section shall prohibit the judicial sale of the timeshare in lieu of partition as between the cotenants.

(3) A court of competent jurisdiction, on petition of the developer of a timeshare plan or the developer’s successor in interest, may grant a waiver of the prohibition against partition under subsection (1) of this section, if the court is satisfied that:

(a) The developer retains at least 50 percent of the timeshares created in the timeshare plan;

(b) The timeshare plan has failed and the continuation of the use of timeshare property by timeshare owners is no longer possible in the manner prescribed by the timeshare instruments;

(c) It is in the best interest of timeshare owners to terminate the timeshare plan and that no reasonable alternative to partition of the timeshare property exists;

(d) The petition has not been brought by the developer to avoid the developer’s responsibilities under the timeshare instrument without good cause; and

(e) The holder of each blanket encumbrance consents to the proceeding under this section.

(4) Except as otherwise provided in subsection (5) of this section, upon a court declaration of timeshare plan failure under subsection (3) of this section, the court shall proceed to partition the timeshare property as otherwise provided by law.

(5) In the event of a court-ordered sale in connection with partition, proceeds of the sale shall be applied in the following order:

(a) Costs described in ORS 105.285 (Distribution of proceeds of sale) (1) and (2);

(b) Repayment to owners except the developer of down payments and payments of principal and interest paid by such owners for their timeshares less the value, as determined by the court, of the owners’ use of their timeshares;

(c) Payments to satisfy and discharge the remaining timeshare purchase money obligations of all owners except the developer. If the developer or an entity closely related to the developer holds the beneficial interest in any of such purchase money obligations, funds shall first be applied to discharge the purchase money obligations held by other holders, and then to the credit of the developer and its related entity for purchase money obligations held by the developer or such entity. Funds paid to the developer or the related entity’s credit shall be held by the court as proceeds available to lienholders and other claimants in such partition. If there are insufficient funds to fully discharge purchase money obligations of all owners except the developer, the balance of unsatisfied purchase money obligations of all owners except the developer shall be discharged by judgment of the court; and

(d) As otherwise provided by law. [1983 c.530 §6; 2003 c.576 §356]

Source: Section 94.816 — Partition prohibited; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.811 — OR Code / Title 10 / Chapter 94 / Section 94.811
94.811 When owners of planned community, condominium or subdivision may prohibit timeshare plan
Status: in_force

(1) The unit owners in a condominium subject to the Oregon Condominium Act and the owners in a planned community subject to the Oregon Planned Community Act may amend the declaration for the condominium or planned community to prohibit the creation of a timeshare plan involving any portion of the property of the condominium or planned community. Any amendment to a condominium declaration must comply with ORS 100.135 (Amendments to declaration) and any amendment to a planned community declaration must comply with ORS 94.590 (Amendment of declaration by owners) .

(2) The owners of land in a subdivision may amend the recorded declaration, bylaws or other governing document for the subdivision to prohibit the creation of a timeshare plan involving any portion of the property within the subdivision. The amendment must be approved by not less than 75 percent of the owners or by any larger percentage specified for the amendment in the recorded declaration, bylaws or other governing document for the subdivision. As used in this subsection, “subdivision” means a subdivision as defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192) , that:

(a) Was approved and for which a plat was recorded under ORS 92.120 (Recording plats) before July 28, 1983;

(b) At the time of the subdivision’s creation, would have met the definition of a planned community under ORS 94.550 (Definitions for ORS 94.550 to 94.783) ; and

(c) Is not, because of the time of its creation, a planned community subject to the Oregon Planned Community Act.

(3) The declaration for a condominium subject to the Oregon Condominium Act and created after July 28, 1983, and the declaration for a planned community, subject to the Oregon Planned Community Act and created after July 28, 1983, may include a provision prohibiting the creation of a timeshare plan involving any portion of the property of the condominium or planned community. [1983 c.530 §4; 1999 c.677 §29]

Source: Section 94.811 — When owners of planned community, condominium or subdivision may prohibit timeshare plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.163 — OR Code / Title 10 / Chapter 105 / Section 105.163
105.163 Setting aside judgment upon motion of tenant
Status: in_force

(1) A person who was a defendant in an action under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that:

(a) The judgment was a judgment of restitution entered against the applicant, the applicant has satisfied any money award included in the judgment and:

(A) At least five years have passed from the date of the judgment; or

(B) The judgment was based on claims that arose on or after April 1, 2020, and before March 1, 2022;

(b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (Judgment on trial by court) (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or

(c) The judgment was a judgment or judgment of dismissal entered in the applicant’s favor.

(2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . Within 30 days of service of the motion, if a written objection is filed, the court shall schedule a hearing.

(3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence.

(4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section. [2019 c.351 §2; 2021 c.39 §9]

Note: The amendments to 105.163 (Setting aside judgment upon motion of tenant) by section 11, chapter 39, Oregon Laws 2021, become operative January 2, 2028. See section 12, chapter 39, Oregon Laws 2021. The text that is operative on and after January 2, 2028, is set forth for the user’s convenience.

105.163 (Setting aside judgment upon motion of tenant) . (1) A person who was a defendant in an action under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that:

(a) The judgment was a judgment of restitution entered against the applicant, the applicant has satisfied any money award included in the judgment and at least five years have passed from the date of the judgment;

(b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (Judgment on trial by court) (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or

(c) The judgment was a judgment or judgment of dismissal entered in the applicant’s favor.

(2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . Within 30 days of service of the motion, if a written objection is filed, the court shall schedule a hearing.

(3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence.

(4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section.

Source: Section 105.163 — Setting aside judgment upon motion of tenant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.774 — OR Code / Title 10 / Chapter 97 / Section 97.774
97.774 Oregon Commission on Historic Cemeteries
Status: in_force

(1) There is established within the State Parks and Recreation Department the Oregon Commission on Historic Cemeteries consisting of seven members appointed by the State Parks and Recreation Director.

(2) The term of office of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.

(3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . [1999 c.731 §2; 2003 c.173 §2]

Note: See note under 97.772 (Definition of “historic cemetery.”) .

Source: Section 97.774 — Oregon Commission on Historic Cemeteries; terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.670 — OR Code / Title 10 / Chapter 94 / Section 94.670
94.670 Association duty to keep documents and records
Status: in_force

(1) A homeowners association shall retain within this state the documents, information and records delivered to the association under ORS 94.616 (Turnover meeting) and all other records of the association for not less than the period specified for the record in ORS 65.771 (Corporate records) or any other applicable law except that:

(a) The documents specified in ORS 94.616 (Turnover meeting) (3)(o), if received, must be retained as permanent records of the association.

(b) Proxies and ballots must be retained for one year from the date of determination of the vote, except that proxies and ballots relating to an amendment to the declaration, bylaws or other governing document must be retained for one year from the date the amendment is effective.

(2) Intentionally left blank —Ed.

(a) All assessments, including declarant subsidies and all other association funds, shall be deposited and maintained in the name of the association in one or more separate federally insured accounts, including certificates of deposit, at a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , other than an extranational institution. Except as provided in paragraph (b) of this subsection, funds must be maintained in an association account until disbursed.

(b) Subject to any limitations imposed by the declaration or bylaws, funds of the association maintained in accounts established under this subsection may be used to purchase obligations of the United States government.

(c) All expenses of the association shall be paid from the association account.

(3) The association shall keep financial records sufficiently detailed for proper accounting purposes.

(4) Within 90 days after the end of the fiscal year, the board of directors shall:

(a) Prepare or cause to be prepared an annual financial statement consisting of a balance sheet and income and expenses statement for the preceding fiscal year; and

(b) Distribute to each owner and, upon written request, any mortgagee of a lot, a copy of the annual financial statement.

(5) Subject to ORS 94.671 (Application of ORS 94.670 (5)) , the association of a planned community that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (4) of this section to be reviewed within 300 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.

(6) The association of a planned community created on or after January 1, 2004, or the association of a planned community described in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (4) of this section to be reviewed in the manner described in subsection (5) of this section within 300 days after the association receives a petition requesting review signed by at least a majority of the owners.

(7) An association subject to the requirements of subsection (5) of this section may elect, on an annual basis, not to comply with the requirements of subsection (5) of this section by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to lots owned by the declarant.

(8) Intentionally left blank —Ed.

(a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:

(A) The amount of assessments due from the owner and unpaid at the time the request was received, including:

(i) Regular and special assessments;

(ii) Fines and other charges;

(iii) Accrued interest; and

(iv) Late payment charges.

(B) The percentage rate at which interest accrues on assessments that are not paid when due.

(C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.

(b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

(9) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the association shall make the documents, information and records described in subsections (1) and (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose.

(b) Records kept by or on behalf of the association may be withheld from examination and duplication to the extent the records concern:

(A) Personnel matters relating to a specific identified person or a person’s medical records.

(B) Contracts, leases and other business transactions that are currently under negotiation to purchase or provide goods or services.

(C) Communications with legal counsel that relate to matters specified in subparagraphs (A) and (B) of this paragraph and the rights and duties of the association regarding existing or potential litigation or criminal matters.

(D) Disclosure of information in violation of law.

(E) Documents, correspondence or management or board reports compiled for or on behalf of the association or the board of directors by its agents or committees for consideration by the board of directors in executive session held in accordance with ORS 94.644 (Meetings of board of directors) (2).

(F) Documents, correspondence or other matters considered by the board of directors in executive session held in accordance with ORS 94.644 (Meetings of board of directors) (2).

(G) Files of individual owners, other than those of a requesting owner or requesting mortgagee of an individual owner, including any individual owner’s file kept by or on behalf of the association.

(10) The association shall maintain a copy, suitable for the purpose of duplication, of the following:

(a) The declaration and bylaws, including amendments or supplements in effect, the recorded plat, if feasible, and the association rules and regulations currently in effect.

(b) The most recent financial statement prepared pursuant to subsection (4) of this section.

(c) The current operating budget of the association.

(d) The reserve study, if any, described in ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) .

(e) Architectural standards and guidelines, if any.

(11) The association, within 10 business days after receipt of a written request by an owner, shall furnish the requested information required to be maintained under subsection (10) of this section.

(12) The board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs for furnishing the documents, information or records. [1981 c.782 §48; 1999 c.677 §21; 2001 c.756 §20; 2003 c.569 §15; 2003 c.803 §20a; 2007 c.340 §1; 2009 c.641 §13; 2011 c.532 §17; 2017 c.111 §2; 2021 c.40 §13]

Source: Section 94.670 — Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.738 — OR Code / Title 10 / Chapter 90 / Section 90.738
90.738 Enforcement of registration and education requirements
Status: in_force

(1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 (Landlord registration) and 90.734 (Manager or owner continuing education requirements) . The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736 (Civil penalties) .

(2) The department shall appoint an advisory committee to advise the department in drafting the rules required by subsection (1) of this section and to assist the department in implementing and administering the duties of the department regarding the registration and continuing education requirements established in ORS 90.732 (Landlord registration) and 90.734 (Manager or owner continuing education requirements) . The advisory committee shall include representatives of interested parties, including but not limited to representatives of manufactured dwelling park landlords and representatives of manufactured dwelling park tenants. [2009 c.816 §9]

Note: 90.738 (Enforcement of registration and education requirements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.738 — Enforcement of registration and education requirements; advisory committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.769 — OR Code / Title 10 / Chapter 90 / Section 90.769
90.769 Informal dispute resolution
Status: in_force

In addition to mandatory mediation required under ORS 90.767 (Mandatory mediation) , a facility may establish an informal dispute resolution procedure that ensures each issue with merit is addressed within 30 days after receipt of a formal complaint. [Formerly 446.547]

Source: Section 90.769 — Informal dispute resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.680 — OR Code / Title 10 / Chapter 97 / Section 97.680
97.680 Recording plan
Status: in_force

(1) As used in this section, “plan” means a document indicating the placement of lots or burial spaces, and of the niches or inurnment spaces in the buildings erected thereon, as established and authorized by the cemetery authority.

(2) A nonprofit corporation organized and existing solely for the purposes of owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains shall cause a plan of its land and grounds and of the lots laid out by it and of the niches or burial space in the buildings erected thereon to be made and recorded in the county in which such grounds and land are located, such lots or spaces to be numbered by regular consecutive numbers. Such corporation may enclose, improve, and adorn the grounds, buildings, and avenues, prescribe rules for the designation, improvement and adorning of lots and burial spaces and for erecting monuments, and prohibit any use, division, improvement or adornment of a lot or burial space which it may deem improper. [Formerly 65.875; 2021 c.296 §16]

Note: See note under 97.660 (Lands of cemetery, crematory or reduction corporation) .

Source: Section 97.680 — Recording plan; power to improve and regulate grounds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.555 — OR Code / Title 10 / Chapter 105 / Section 105.555
105.555 Places declared nuisances subject to abatement
Status: in_force

(1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) :

(a) Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution or commercial sexual solicitation occur.

(b) Any place that is used and maintained for profit and for the purpose of gambling or a lottery, as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) , by any person, partnership or corporation organized for profit and wherein take place any of the acts or wherein are kept, stored or located any of the games, devices or things that are forbidden by or made punishable by ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine) .

(c) Any place that has been determined to be not fit for use under ORS 453.876 (Determination that property is not fit for use) and that has not been decontaminated and certified as fit for use under ORS 453.885 (Decontamination of property) within 180 days after the determination under ORS 453.876 (Determination that property is not fit for use) .

(d) Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) , occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for unauthorized delivery, manufacture or possession of a controlled substance. As used in this paragraph, “devices, equipment, things” does not include hypodermic syringes or needles.

(e) Any place where activity involving a misdemeanor or felony offense described in ORS 475C.337 (Unlawful possession by person 21 years of age or older) , 475C.341 (Unlawful possession by person under 21 years of age) , 475C.345 (Unlawful delivery of marijuana item) or 475C.349 (Unlawful manufacture of marijuana item) occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for a misdemeanor or felony offense described in ORS 475C.337 (Unlawful possession by person 21 years of age or older) , 475C.341 (Unlawful possession by person under 21 years of age) , 475C.345 (Unlawful delivery of marijuana item) or 475C.349 (Unlawful manufacture of marijuana item) . As used in this paragraph, “devices, equipment, things or substances” does not include hypodermic syringes or needles.

(2) Nothing in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) , 166.715 (Definitions for ORS 166.715 to 166.735) and 167.158 (Lottery prizes forfeited to county) applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance, or for commission of an offense described in ORS 475C.337 (Unlawful possession by person 21 years of age or older) , 475C.341 (Unlawful possession by person under 21 years of age) , 475C.345 (Unlawful delivery of marijuana item) or 475C.349 (Unlawful manufacture of marijuana item) , are kept, stored or located in or on the property for the purpose of lawful sale or use of the devices, equipment, things or substances. [1989 c.846 §3; 1989 c.915 §24; 1999 c.168 §7; 2005 c.706 §1; 2005 c.708 §43; 2011 c.151 §6; 2015 c.98 §4; 2017 c.21 §37]

Source: Section 105.555 — Places declared nuisances subject to abatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.871 — OR Code / Title 10 / Chapter 94 / Section 94.871
94.871 When purchase money agreement prohibited
Status: in_force

(1) Unless a lien payment trust is established under ORS 94.890 (Lien payment trust) , no timeshare estate shall be sold by a developer by means of a purchase money agreement as defined in ORS 94.890 (Lien payment trust) unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

(a) A copy of the title report or abstract, as it relates to the timeshare estate being sold.

(b) The original or an executed copy of the sales document relating to the purchase of the timeshare estate clearly setting forth the legal description of the interest being purchased, the principal amount of any blanket encumbrance outstanding on the date of the sales document and the terms of the sales document.

(c) A commitment in a form satisfactory to the Real Estate Commissioner to give a partial release for the interest being sold from the terms and provisions of any blanket encumbrance on or before full payment of the purchase price by the purchaser.

(d) A commitment in a form satisfactory to the commissioner to give a release of any other lien or encumbrance existing against the timeshare estate being sold.

(e) A warranty or bargain and sale deed in good and sufficient form conveying to the purchaser merchantable and marketable title to the timeshare estate.

(2) The developer shall submit written authorization allowing the commissioner to inspect any escrow deposit established under subsection (1) of this section.

(3) In lieu of the procedures provided in subsection (1) of this section, the developer shall conform to an alternative requirement or method if the commissioner finds that the alternative requirement or method carries out the intent and provisions of this section. [1983 c.530 §25]

Source: Section 94.871 — When purchase money agreement prohibited; escrow requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.518 — OR Code / Title 10 / Chapter 94 / Section 94.518
94.518 Application of local government law and policies to agreement
Status: in_force

Unless otherwise provided by the development agreement, the comprehensive plan, zoning ordinances and other rules and policies of the jurisdiction governing permitted uses of land, density and design applicable to the development of the property subject to a development agreement shall be the comprehensive plan and those ordinances, rules and policies of the jurisdiction in effect at the time of approval of the development agreement. [1993 c.780 §4]

Note: See note under 94.504 (Development agreements) .

Source: Section 94.518 — Application of local government law and policies to agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).