ORS § 98.991 — OR Code / Title 10 / Chapter 98 / Section 98.991
98.991 Penalties relating to unclaimed property
Status: in_force

(1) Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor.

(2) Any person who willfully refuses to pay or deliver unclaimed property to the State Treasurer as required under this Act is guilty of a misdemeanor. [1957 c.670 §36; 1993 c.694 §22; 2019 c.678 §29]

Note: See note under 98.432 (Uniformity of interpretation) .

Source: Section 98.991 — Penalties relating to unclaimed property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.835 — OR Code / Title 10 / Chapter 97 / Section 97.835
97.835 Limitation of duties and liability of trustee
Status: in_force

The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall have no duty whatsoever to enforce collection of any of the trust funds either from the purchasers of lots, or from the cemetery authority, and the trustee shall have no duty whatsoever to see to the application of the net income after payment of the net income to the cemetery authority. The trustee shall be entitled to rely without liability upon the affidavit of the cemetery authority showing the amount payable to the trustee as endowment care funds. [1955 c.545 §6]

Source: Section 97.835 — Limitation of duties and liability of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.275 — OR Code / Title 10 / Chapter 105 / Section 105.275
105.275 Conclusiveness of order confirming report
Status: in_force

If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.

Source: Section 105.275 — Conclusiveness of order confirming report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 95.280 — OR Code / Title 10 / Chapter 95 / Section 95.280
95.280 Extinguishment of claim for relief
Status: in_force

A claim for relief with respect to a transfer or obligation under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) is extinguished unless action is brought:

(1) Under ORS 95.230 (Transfer or obligation voidable as to present or future creditor) (1)(a) within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) Under ORS 95.230 (Transfer or obligation voidable as to present or future creditor) (1)(b) or 95.240 (Transfer or obligation voidable as to present creditor) (1), within four years after the transfer was made or the obligation was incurred; or

(3) Under ORS 95.240 (Transfer or obligation voidable as to present creditor) (2), within one year after the transfer was made or the obligation was incurred. [1985 c.664 §9; 2023 c.83 §12]

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

Source: Section 95.280 — Extinguishment of claim for relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 97.310 — OR Code / Title 10 / Chapter 97 / Section 97.310
97.310 Survey and subdivision of land
Status: in_force

(1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall:

(a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions and make a good and substantial map or plat showing them, with descriptive names or numbers. In all instances this shall be done in compliance with ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) except that ORS 92.090 (Approval of subdivision plat names) (2)(a) and (b) shall not be applicable to streets, alleys, ways and footpaths located wholly within a cemetery.

(b) In case of a mausoleum or columbarium, make a good substantial map or plat on which are delineated the sections, halls, rooms, corridors, elevation and other divisions, with descriptive names or numbers. In all instances this shall be done in compliance with the state building code.

(2) Every lot in a cemetery subdivision shall include an access easement across the lot for the benefit of adjacent lots. Designated areas between lots for the purpose of providing access to separate lots are not required to approve a subdivision under this section. A cemetery authority must disclose to a potential purchaser of a lot in the cemetery the existence of the access easement across the lot. [Amended by 1965 c.396 §2; 1979 c.57 §1; 1985 c.582 §3; 1999 c.381 §1]

Source: Section 97.310 — Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.843 — OR Code / Title 10 / Chapter 94 / Section 94.843
94.843 Limits on developer right to transfer
Status: in_force

(1) A developer may not transfer the developer’s interest in accommodations or facilities of a timeshare plan unless the transferee, as to each owner whose interest is involved in the transfer, agrees to:

(a) Honor the right of each owner to occupy and use the accommodations and facilities;

(b) Honor the right of a purchaser to cancel a contract and receive an appropriate refund, as provided in ORS 94.836 (Cancellation of purchase within five days) ;

(c) Comply with ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) as long as the transferee continues to sell the timeshare plan, or as long as the owner is entitled to occupy the accommodations or use the facilities; and

(d) Assume all of the developer’s obligations to the owners under the timeshare instrument.

(2) Within 30 days after the transfer of the developer’s interest, notice of the transfer shall be mailed to each owner.

(3) A person holding a blanket encumbrance on the property constituting timeshare property is not a transferee for purposes of this section, if the person has executed and recorded a nondisturbance agreement in accordance with ORS 94.885 (Rights of lienholder) . [1983 c.530 §17]

(Association of Owners; Management)

Source: Section 94.843 — Limits on developer right to transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.610 — OR Code / Title 10 / Chapter 90 / Section 90.610
90.610 Notice of proposed change in rule or regulation
Status: in_force

(1) As used in this section, “eligible space” means each space in the facility as long as:

(a) The space is rented to a tenant and the tenancy is subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) ; and

(b) The tenant who occupies the space has not:

(A) Previously agreed to a rental agreement that includes the proposed rule or regulation change; or

(B) Become subject to the proposed rule or regulation change as a result of a change in rules or regulations previously adopted in a manner consistent with this section.

(2) The landlord may propose changes in rules or regulations, including changes that make a substantial modification of the landlord’s bargain with a tenant, by giving written notice of the proposed rule or regulation change, and unless tenants of at least 51 percent of the eligible spaces in the facility object in writing within 30 days of the date the notice was served, the change shall become effective for all tenants of those spaces on a date not less than 60 days after the date that the notice was served by the landlord.

(3) One tenant of record per eligible space may object to the rule or regulation change through either:

(a) A signed and dated written communication to the landlord; or

(b) A petition format that is signed and dated by tenants of eligible spaces and that includes a copy of the proposed rule or regulation and a copy of the notice.

(4) If a tenant of an eligible space signs both a written communication to the landlord and a petition under subsection (3) of this section, or signs more than one written communication or petition, only the latest signature of the tenant may be counted.

(5) Notwithstanding subsection (3) of this section, a proxy may be used only if a tenant has a disability that prevents the tenant from objecting to the rule or regulation change in writing.

(6) The landlord’s notice of a proposed change in rules or regulations required by subsection (2) of this section must be given or served as provided in ORS 90.155 (Service or delivery of written notice) and must include:

(a) Language of the existing rule or regulation and the language that would be added or deleted by the proposed rule or regulation change; and

(b) A statement substantially in the following form, with all blank spaces in the notice to be filled in by the landlord:

The landlord intends to change a rule or regulation in this facility.

The change will go into effect unless tenants of at least 51 percent of the eligible spaces object in writing within 30 days. Any objection must be signed and dated by a tenant of an eligible space.

The number of eligible spaces as of the date of this notice is: _____. Those eligible spaces are (space or street identification): ___________________________.

The last day for a tenant of an eligible space to deliver a written objection to the landlord is _________ (landlord fill in date).

Unless tenants in at least 51 percent of the eligible spaces object, the proposed rule or regulation will go into effect on _________.

The parties may attempt to resolve disagreements regarding the proposed rule or regulation change by using the facility’s mandatory mediation process or, if available, the facility’s informal dispute resolution process.

(7) A good faith mistake by the landlord in completing those portions of the notice relating to the number of eligible spaces that have tenants entitled to vote or relating to space or street identification numbers does not invalidate the notice or the proposed rule or regulation change.

(8) After the effective date of the rule or regulation change, when a tenant continues to engage in an activity affected by the new rule or regulation to which the landlord objects, the landlord may give the tenant a notice of termination of the tenancy pursuant to ORS 90.630 (Termination by landlord) . [1991 c.844 §10; 1993 c.580 §1; 1995 c.559 §36; 2001 c.596 §36a; 2019 c.625 §13]

Source: Section 90.610 — Notice of proposed change in rule or regulation; tenant objection to change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.514 — OR Code / Title 10 / Chapter 90 / Section 90.514
90.514 Disclosure to prospective tenant of improvements required under rental agreement
Status: in_force

(1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park or for a converted rental space, the landlord must provide the prospective tenant with a written statement that discloses the improvements that the landlord will require under the rental agreement. The written statement must be in the format developed by the Attorney General pursuant to ORS 90.516 (Model statement for disclosure of improvements required under rental agreement) and include at least the following:

(a) A notice that the tenant may select and contract directly with a contractor to be the provider of an improvement.

(b) Separately stated and identifiable information for each required improvement that specifies:

(A) The dimensions, materials and finish for improvements to be constructed or repaired;

(B) The installation fees imposed by government agencies; and

(C) The site preparation requirements and restrictions, including, but not limited to, requirements and restrictions on the use of plants and landscaping.

(c) Identification of the improvements that belong to the tenant and the improvements that must remain with the space.

(2) A landlord may not require as part of the improvements under the rental agreement that a tenant:

(a) Pay any fee to the landlord for improvements.

(b) Pay any system development charges.

(c) Construct or repair an improvement that cannot be reasonably removed and owned by the tenant at the termination of the tenancy, except for porches, stairs, decks, awnings, carports, sheds or vegetative landscaping on the site or any other improvements necessary for the safe and lawful installation of the manufactured dwelling.

(3) Except as provided in ORS 41.740 (Parol evidence rule) , a written statement provided under this section is considered to contain all of the terms relating to improvements that a prospective tenant must make under the rental agreement. There may be no evidence of the terms of the written statement other than the contents of the written statement. [2001 c.282 §3; 2005 c.41 §4; 2023 c.334 §1]

Source: Section 90.514 — Disclosure to prospective tenant of improvements required under rental agreement; limitations on requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.634 — OR Code / Title 10 / Chapter 90 / Section 90.634
90.634 Prohibition against lien for rent
Status: in_force

(1) A landlord may not assert a lien under ORS 87.162 (Landlord’s lien) for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 (Definitions) (51) and 90.675 (Disposition of manufactured dwelling or floating home left in facility) and regardless of whether the owner of a manufactured dwelling or floating home occupies the dwelling or home as a residence, a facility landlord that is entitled to unpaid rent and receives possession of the facility space from the sheriff following restitution pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice) may sell or dispose of the dwelling or home as provided in ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) .

(2) If a manufactured dwelling or floating home was occupied immediately prior to abandonment by a person other than the facility tenant, and the name and address of the person are known to the landlord, a landlord selling or disposing of the dwelling or home under subsection (1) of this section shall promptly send the person a copy of the notice sent to the facility tenant under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (3). Notwithstanding ORS 90.425 (Disposition of personal property abandoned by tenant) , the facility landlord may sell or dispose of goods left in the dwelling or home or upon the dwelling unit by the person in the same manner as if the goods were left by the facility tenant. If the name and address of the person are known to the facility landlord, the landlord shall promptly send the person a copy of the written notice sent to the facility tenant under ORS 90.425 (Disposition of personal property abandoned by tenant) (3) and allow the person the time described in the notice to arrange for removal of the goods. [2007 c.831 §4; 2011 c.42 §13; 2013 c.443 §11; 2021 c.260 §15; 2023 c.72 §47; 2023 c.250 §6; 2023 c.549 §3]

Source: Section 90.634 — Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.931 — OR Code / Title 10 / Chapter 97 / Section 97.931
97.931 Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
Status: in_force

(1) A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 (Exceptions to ORS 97.923 to 97.949) or in preconstruction sales or prearrangement sales unless the salesperson is registered with the State Mortuary and Cemetery Board or holds a current funeral service practitioner license, embalmer license, funeral service practitioner trainee registration or embalmer trainee registration. The board by rule shall:

(a) Establish procedures for issuing salesperson registrations under this subsection;

(b) Establish standards for determining whether a salesperson registration should be issued;

(c) Set renewal and salesperson registration fees; and

(d) Require biennial renewal of salesperson registrations.

(2) The board may conduct a background check of any salesperson applying for registration under subsection (1) of this section. The background check may include information solicited from the Department of State Police. After consideration of information obtained from any background check and any other information in its possession, the board shall determine whether to register the salesperson.

(3) Intentionally left blank —Ed.

(a) The board may impose a civil penalty of up to $1,000 per violation or suspend, revoke or refuse to issue or renew the registration of a salesperson described in subsection (1) of this section upon a determination that the applicant or holder has not complied with the provisions of 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) or ORS chapter 692, or any rules adopted thereunder. When the board proposes to take such action, the person affected by the action shall be accorded notice and an opportunity for hearing as provided by ORS chapter 183. The board shall notify the Director of the Department of Consumer and Business Services of its intent to take action against a salesperson or person acting as a salesperson.

(b) The board shall suspend, revoke or refuse to issue or renew the registration of a salesperson if the director requests the board to take such action.

(4) Fees and other moneys received by the board under this section shall be deposited into the State Mortuary and Cemetery Board Account established in ORS 692.375 (State Mortuary and Cemetery Board Account) . [Formerly 128.414; 2005 c.726 §2; 2015 c.367 §12]

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

Source: Section 97.931 — Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.275 — OR Code / Title 10 / Chapter 93 / Section 93.275
93.275 Incidents not material facts to real property transaction
Status: in_force

(1) The following are among incidents that are not material facts to a real property transaction:

(a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

(b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

(c) The fact or suspicion that an owner or occupant of the real property has or had a blood-borne infection;

(d) The fact or suspicion that a sex offender registered under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) , 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) resides in the area; and

(e) The fact that a notice has been received that a neighboring property has been determined to be not fit for use under ORS 453.876 (Determination that property is not fit for use) .

(2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact. [1989 c.523 §3; subsection (3) formerly 93.273; 2001 c.701 §1; 2003 c.559 §2; 2011 c.271 §21; 2019 c.280 §1]

Source: Section 93.275 — Incidents not material facts to real property transaction; legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.137 — OR Code / Title 10 / Chapter 105 / Section 105.137
105.137 Effect of failure of party to appear
Status: in_force

In the case of a dwelling unit to which ORS chapter 90 applies:

(1) A default judgment shall be entered in favor of the plaintiff for possession of the premises and costs and disbursements only if:

(a) The plaintiff appears and the defendant fails to appear at the first appearance;

(b) The court determines that the complaint complies with ORS 105.115 (Causes of unlawful holding by force) and 105.124 (Form of complaint if ORS chapter 90 applies) and is sufficient to state a cause of action for possession; and

(c) The plaintiff testifies under oath or submits an affidavit or declaration under penalty of perjury stating that, as of the date of the testimony:

(A) The plaintiff does not have knowledge that the defendant has delivered possession to the plaintiff as described in ORS 90.147 (Delivery of possession) (2); and

(B) The plaintiff reasonably believes that the defendant remains in possession of the premises.

(2) If the defendant appears and the plaintiff fails to appear at the first appearance, a default judgment shall be entered in favor of the defendant dismissing the plaintiff’s complaint and awarding costs and disbursements.

(3) An attorney at law shall be entitled to appear on behalf of any party, but attorney fees may not be awarded to the plaintiff if the defendant does not contest the action.

(4) If the plaintiff dismisses the action before the first appearance, a judgment of dismissal shall be entered in favor of the defendant dismissing the plaintiff’s complaint and awarding costs and disbursements. The defendant may not recover attorney fees for prejudgment legal services provided after the delivery of written notice of the dismissal by the plaintiff to the defendant, or to an attorney for the defendant, in the manner provided under ORS 90.155 (Service or delivery of written notice) .

(5) The plaintiff or an agent of the plaintiff may obtain a continuance of the action for as long as the plaintiff or the agent of the plaintiff deems necessary to obtain the services of an attorney at law.

(6) If both parties appear in court on the date contained in the summons, the court shall set the matter for trial unless the court is advised by the parties that the matter has been settled. The trial shall be scheduled:

(a) For a claim based on nonpayment, as defined in ORS 90.395 (Required delivery of notice of rental assistance and support services before termination for nonpayment) , no earlier than 15 days, and no later than 30 days, following the appearance; or

(b) For any other claim, as soon as practicable and no later than 15 days from the date of the appearance.

(7) If the matter is not tried within the period described in subsection (6) of this section, and the delay in trial is not attributable to the landlord, the court shall order the defendant to pay rent that is accruing into court, provided the court finds after hearing that entry of such an order is just and equitable.

(8) Intentionally left blank —Ed.

(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing on a form which shall be available from the court clerk, and to serve a copy upon the plaintiff on the same day as first appearance.

(b) The answer shall be in substantially the following form:

(Landlord), )

)

Plaintiff(s), )

)

vs. ) No.___

)

(Tenant), )

)

Defendant(s). )

I (we) deny that the plaintiff(s) is (are) entitled to possession because:

__ The landlord did not make repairs.

List any repair problems: ________

________________________

________________________

__ The landlord is attempting to evict me (us) because of my (our) complaints (or the eviction is otherwise retaliatory).

__ The landlord is attempting to evict me because of my status as a victim of domestic violence, sexual assault, bias crime or stalking.

__ The eviction notice is wrong.

__ List any other defenses: _________

________________________

________________________

________________________

________________________

I (we) may be entitled as the prevailing party to recover attorney fees from plaintiff(s) if I (we) obtain legal services to defend this action pursuant to ORS 90.255 (Attorney fees) .

I (we) ask that the plaintiff(s) not be awarded possession of the premises and that I (we) be awarded my (our) costs and disbursements and attorney fees, if applicable, or a prevailing party fee.

________ ______________

Date Signature of defendant(s)

(9) If an unrepresented defendant files an answer as provided in subsection (8) of this section, the answer does not limit the defenses available to the defendant at trial under ORS chapter 90. If such a defendant seeks to assert at trial a defense not fairly raised by the answer, the plaintiff is entitled to a reasonable continuance for the purposes of preparing to meet the defense. [1975 c.256 §13; 1979 c.765 §5; 1979 c.854 §3; 1981 c.753 §12; 1989 c.506 §19; 1997 c.577 §34; 2005 c.391 §33; 2007 c.508 §14; 2023 c.13 §63; 2023 c.549 §4]

Source: Section 105.137 — Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.300 — OR Code / Title 10 / Chapter 100 / Section 100.300
100.300 Inapplicability of ORS 100.301 to 100.320 to transient lodgings
Status: in_force

ORS 100.301 (Definitions for ORS 100.301 to 100.320) to 100.320 (Authority of city or county to require developer to pay tenant moving expenses) do not apply to units rented as transient lodgings at a hotel, motel or inn and do not apply to negotiations, arrangements or agreements for such transient occupancy of the units. [Formerly 94.109]

Source: Section 100.300 — Inapplicability of ORS 100.301 to 100.320 to transient lodgings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.146 — OR Code / Title 10 / Chapter 105 / Section 105.146
105.146 Failure of defendant to perform as ordered
Status: in_force

(1) In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to retain possession of the premises contingent upon the defendant’s performance or payment of moneys by a certain date as provided under ORS 105.145 (Judgment on trial by court) (2), and the defendant fails to comply with the order, the plaintiff may obtain and enforce a judgment of restitution of the premises pursuant to this section and ORS 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order) .

(2) A plaintiff may obtain and enforce a judgment of restitution based upon an order entered as provided under ORS 105.145 (Judgment on trial by court) (2), provided the order includes only:

(a) Future performance or conduct as described in the order for a period of not more than six months following entry of the order;

(b) Payment of past due rent and other past due amounts pursuant to a schedule provided in the order for a period of not more than six months following entry of the order;

(c) Payment of rent due for future rental periods that follow entry of the order pursuant to a schedule provided in the order for not more than the first three monthly rental periods following entry of the order; and

(d) Payment of any costs, disbursements or attorney fees pursuant to a schedule provided in the order.

(3) The order shall contain a statement providing that 12 months following the entry of the order, the court shall automatically dismiss the order without further notice to either the plaintiff or the defendant.

(4) If the defendant fails to comply with the order, the plaintiff may file with the clerk of the court an affidavit or declaration of noncompliance describing how the defendant has failed to comply. The plaintiff shall attach a copy of the order to the affidavit or declaration. The affidavit or declaration, or the order, must include the terms of the underlying settlement agreement or stipulation or have a copy of the agreement attached.

(5) Upon receipt of a plaintiff’s affidavit or declaration:

(a) The court shall enter a judgment of restitution; and

(b) The clerk shall issue a notice of restitution as provided by ORS 105.151 (Enforcement of judgment of restitution) and attach to the notice a copy of the plaintiff’s affidavit or declaration of noncompliance and any attachments for service.

(6) The court shall establish a procedure that allows the defendant to request a hearing on the plaintiff’s affidavit or declaration of noncompliance and delay expiration of the notice of restitution period or execution upon a judgment of restitution pending the hearing.

(7) The court shall enter a judgment dismissing the plaintiff’s action in favor of the defendant without assessment of costs, disbursements, prevailing party fee or attorney fees against either party except as provided in the order and without further notice to either party:

(a) Upon receipt of a writing signed by the plaintiff showing compliance with or satisfaction of the order; or

(b) Twelve months following entry of the order, unless the plaintiff has filed an affidavit or declaration of noncompliance and the court has found in favor of the plaintiff on the affidavit or declaration. [2001 c.596 §10 ( 105.146 (Failure of defendant to perform as ordered) , 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order) enacted in lieu of 105.147); 2003 c.378 §23; 2007 c.508 §16]

Note: 105.146 (Failure of defendant to perform as ordered) to 105.149 (Hearing on compliance with order) were added to and made a part of 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 105.146 — Failure of defendant to perform as ordered; judgment of restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.600 — OR Code / Title 10 / Chapter 105 / Section 105.600
105.600 ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities
Status: in_force

The provisions of 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) shall not be construed to limit the powers of cities and counties to adopt ordinances and regulations that further restrict the activities declared by ORS 105.555 (Places declared nuisances subject to abatement) or 105.597 (Places declared nuisances per se) to be nuisances provided that no such ordinance or regulation shall affect real or personal property unless it is consistent with the provisions of 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) . [1989 c.846 §11; 2015 c.136 §5]

Source: Section 105.600 — ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.334 — OR Code / Title 10 / Chapter 98 / Section 98.334
98.334 Unpaid wages unclaimed by owner
Status: in_force

(1) As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card.

(2) Unpaid wages, including wages represented by unpresented payroll checks, due and owing in the ordinary course of the holder’s business that remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned, notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.

(3) This section does not affect an employee’s right to contest wages under other Oregon law. [1983 c.716 §34; 2001 c.302 §4; 2023 c.238 §4]

Source: Section 98.334 — Unpaid wages unclaimed by owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 93.806 — OR Code / Title 10 / Chapter 93 / Section 93.806
93.806 Recordation of instrument creating certain liens
Status: in_force

(1) Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located, as provided in ORS 93.710 (Instruments or memoranda creating certain interests in realty) . Such recordation constitutes notice to third persons, and shall otherwise have the same effect as recordation pursuant to ORS 93.710 (Instruments or memoranda creating certain interests in realty) , specifically, but without limitation, such lien shall not be voidable by and shall not be subordinate to the rights of either:

(a) A subsequent lien creditor, as defined in ORS 79.0102 (UCC 9-102. Definitions and index of definitions) ; or

(b) A subsequent bona fide purchaser of real property.

(2) Such an assignment, mortgage or pledge shall be so perfected by such recording, without the holder thereof obtaining the appointment of receiver, taking possession of the subject real property, filing a financing statement pursuant to ORS chapter 79 or taking any other action in addition to such recording.

(3) As used in this section, “memorandum” has the meaning provided in ORS 93.710 (Instruments or memoranda creating certain interests in realty) (3). [1991 c.299 §1; 2001 c.445 §166]

Note: 93.806 (Recordation of instrument creating certain liens) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 93.806 — Recordation of instrument creating certain liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.576 — OR Code / Title 10 / Chapter 94 / Section 94.576
94.576 Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783
Status: in_force

(1) Intentionally left blank —Ed.

(a) The owners in a Class I or Class II planned community that is subject to the statutory provisions listed in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) (1) may elect to be subject to any other provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) upon compliance with the applicable procedures prescribed in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute) or 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) .

(b) If the owners in a Class I or Class II planned community elect to be subject to additional provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section. This paragraph does not apply if a statement of the election was included in the notice of planned community required or permitted under ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) .

(2) Intentionally left blank —Ed.

(a) The owners in a Class III planned community created before January 1, 2002, may elect to be subject to provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) upon compliance with the applicable procedures in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) , 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute) or 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) .

(b) If the owners in a Class III planned community elect to be subject to provisions of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section.

(3) Intentionally left blank —Ed.

(a) The notice of planned community required or permitted by ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) must be:

(A) Titled “Notice of Planned Community under ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) ”;

(B) Executed by the president and secretary of the association; and

(C) Recorded in the office of the recording officer of every county in which the property is located.

(b) The notice of planned community shall include:

(A) The name of the planned community and association as identified in the recorded declaration and any covenants, conditions and restrictions or other governing document, and, if different, the current name of the association;

(B) A list of the properties, described as required for recordation in ORS 93.600 (Description of real property for purposes of recordation) , within the jurisdiction of the association;

(C) Information identifying the recorded declaration and any covenants, conditions and restrictions or other governing documents, and a reference to the recording index numbers and date of recording of the governing documents;

(D) A statement that the property described in accordance with subparagraph (B) of this paragraph is subject to specific provisions of the Oregon Planned Community Act;

(E) A reference to the specific provisions of the Oregon Planned Community Act that apply to the subject property and a reference to the subsection of this section under which the application is made; and

(F) If an association is formed under ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) , a statement to that effect.

(4) The board of directors of an association not otherwise required to cause a notice of planned community to be prepared and recorded under ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) may cause a notice of planned community to be prepared, executed and recorded as provided in subsection (3) of this section. [2017 c.423 §12]

Source: Section 94.576 — Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.857 — OR Code / Title 10 / Chapter 98 / Section 98.857
98.857 Recovery of stolen vehicle
Status: in_force

(1) After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any tower that assumes control of the vehicle. The contact information may be used only for the purposes described in subsection (2) of this section.

(2) As soon as is practicable after recovering the motor vehicle, the tower shall attempt to provide notice to the owner of the stolen motor vehicle:

(a) That the motor vehicle has been recovered; and

(b) Of the current location of the vehicle.

(3) Fees charged by the tower for storage of a stolen motor vehicle may not begin to accrue until the date that the tower first attempts to notify the owner of the stolen motor vehicle under subsection (2) of this section. [2017 c.523 §3]

Source: Section 98.857 — Recovery of stolen vehicle; tower responsibility to notify owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.410 — OR Code / Title 10 / Chapter 97 / Section 97.410
97.410 Right of adjacent lot owner upon vacation of way
Status: in_force

The vacation of an avenue, street, alley, driveway, walk or park adjacent to a cemetery lot shall vest in the owner of such lot no interest in the vacated portion thereof; but the adjacent owner shall, for 30 days after the date of such an order of vacation, have the right to purchase any new lot adjacent to the lot of the owner at the price fixed by the court or board at which the lots are to be sold, and if there is more than one adjacent lot owner, the new lot shall be sold to the one offering the highest price therefor.

Source: Section 97.410 — Right of adjacent lot owner upon vacation of way , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.490 — OR Code / Title 10 / Chapter 90 / Section 90.490
90.490 Prohibited acts in anticipation of notice of conversion to condominium
Status: in_force

(1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 (Definitions for ORS 100.301 to 100.320) to 100.320 (Authority of city or county to require developer to pay tenant moving expenses) :

(a) Within one year before the declarant records the declaration under ORS 100.100 (Property submitted to unit ownership by declaration) , the landlord gives a tenant a 30-day notice without stated cause; or

(b) Within one year before the declarant records the declaration under ORS 100.100 (Property submitted to unit ownership by declaration) , the landlord increases the rent in excess of the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(2) If a court finds that a landlord has taken an action described in subsection (1) of this section for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 (Definitions for ORS 100.301 to 100.320) to 100.320 (Authority of city or county to require developer to pay tenant moving expenses) , the court may award the tenant the greater of:

(a) Six times the monthly rent for the dwelling unit; or

(b) Twice the actual damages to the tenant arising out of the termination or rent increase.

(3) The time allowed under ORS 12.125 (Action arising under rental agreement) to commence an action under this section begins on the date the declarant records the declaration under ORS 100.100 (Property submitted to unit ownership by declaration) . [2007 c.705 §6; 2019 c.57 §6]

Source: Section 90.490 — Prohibited acts in anticipation of notice of conversion to condominium; damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.480 — OR Code / Title 10 / Chapter 100 / Section 100.480
100.480 Maintaining documents and records
Status: in_force

(1) An association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210 (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 100.210 (Turnover meeting) (5)(j), 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 proxies and ballots relating to an amendment to the declaration, supplemental declaration plat, supplemental plat or bylaws must be retained for one year from the date the amendment is recorded.

(2) The association of unit owners shall keep financial records sufficient for proper accounting purposes.

(3) Intentionally left blank —Ed.

(a) All assessments and 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, association funds maintained in accounts established under this subsection may be used to purchase obligations issued by the United States government.

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

(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 unit owner a copy of the annual financial statement.

(5) Subject to ORS 100.481 (Application of ORS 100.480) , the association of unit owners of a condominium 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 unit owners of a condominium 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 board of directors receives the petition requesting review signed by at least a majority of the owners.

(7) An association of unit owners 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 units 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 documents, information and records described in subsections (1) to (4) of this section and all other records of the association of unit owners must be reasonably available for examination and, upon written request, available for duplication by a unit owner and any mortgagee of a unit 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 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 100.420 (Board meetings) (1) and (2).

(F) Documents, correspondence or other matters considered by the board of directors in executive session held in accordance with ORS 100.420 (Board meetings) (1) and (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 of unit owners 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 annual financial statement prepared in accordance with subsection (4) of this section;

(c) The current operating budget of the association;

(d) The reserve study, if any, described in ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) ; and

(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 incurred to furnish the information.

(13) Subsection (4) of this section first applies to property submitted to the provisions of this chapter before January 1, 1982, when the board of directors of the association of unit owners receives a written request from at least one unit owner that a copy of the annual financial statement be distributed in accordance with subsection (4) of this section. [Formerly 94.214; 1999 c.677 §51; 2001 c.756 §47; 2003 c.569 §38; 2003 c.803 §22a; 2007 c.340 §2; 2009 c.641 §29; 2011 c.532 §20; 2017 c.111 §4]

Source: Section 100.480 — Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.160 — OR Code / Title 10 / Chapter 93 / Section 93.160
93.160 Conveyance by reversioners and remainderpersons to life tenant vests fee
Status: in_force

When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue born alive and living at the time of death, then to other heirs of the testator, a conveyance to the life tenant from all reversioners or remainderpersons and all issue of the life tenant as are in being, of all their interest in the real property, vests a fee simple estate in the life tenant. [Amended by 2003 c.14 §35]

Source: Section 93.160 — Conveyance by reversioners and remainderpersons to life tenant vests fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.103 — OR Code / Title 10 / Chapter 100 / Section 100.103
100.103 Effect of submission of leasehold condominium to unit ownership
Status: in_force

(1) After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102 (Leasehold condominium submitted to unit ownership) :

(a) The leasehold or leaseholds affecting the fee title interest of the land underlying the condominium property must be converted to individual leaseholds of the units;

(b) The former owner of the underlying fee title interest of the condominium property shall become the holder of the fee title interest to all individual units and the lessor of the individual units. The individual unit owners of the leasehold condominium units shall become lessees of the fee title condominium units;

(c) Unless otherwise provided by the lease or agreed by the lessor and lessee of the fee title condominium units, the obligations to pay rent under the former lease must be allocated among all former leasehold units on the basis of the percentage ownership in the common elements of the condominium allocated to each unit;

(d) Liens against leasehold condominium units become liens on the lessee’s interest in the leased unit and have the same priority and rights against the leasehold of the individual unit in the fee title condominium formerly held against the leasehold condominium unit;

(e) The holder of the fee title to the unit in the fee condominium shall have the same priority and rights in the individual leasehold of the fee title condominium unit as was held under the leases prior to submission of the fee title interest; and

(f) The fee title interest is not subject to the liens suffered or incurred by the unit lessee, except for property taxes and condominium association assessment liens.

(2) The assessor shall assign all value of the fee simple interest to the fee title condominium units and allocate any additional value in accordance with the allocation of interest of each unit in the common elements.

(3) All easements, covenants, conditions and restrictions or other interests encumbering the fee title and the leasehold at the time of submission of the fee title to the provisions of this chapter continue and remain in full force, unaffected by the submission.

(4) Intentionally left blank —Ed.

(a) Options to purchase that were granted to unit owners or to the association prior to submission of the fee title interest to the provisions of this chapter pursuant to ORS 100.102 (Leasehold condominium submitted to unit ownership) continue according to their terms, except that purchaser options must be segregated so that each option pertains to an individual unit only.

(b) Unless the purchase options provide otherwise, the purchase price must be allocated among the individual units on the basis of the percentage ownership interest in the common elements pertaining to individual units.

(c) Except for segregating the former leasehold into individual leaseholds in each of the units and reallocating lease payments among the units as provided in this section, the terms and provisions of the former lease are unaffected by submission of the fee title to the provisions of this chapter.

(d) Except for segregating the purchase options and allocating the purchase price, if not otherwise allocated by the terms of the purchase option, the terms and provisions of the purchase option are unaffected by submission of the fee title to the provisions of this chapter. [2003 c.569 §44]

Note: See note under 100.102 (Leasehold condominium submitted to unit ownership) .

Source: Section 100.103 — Effect of submission of leasehold condominium to unit ownership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.634 — OR Code / Title 10 / Chapter 105 / Section 105.634
105.634 Disclaimer of rights of survivorship in jointly held property
Status: in_force

(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:

(a) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(b) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(2) A disclaimer under subsection (1) of this section takes effect upon the death of the holder of jointly held property to whose death the disclaimer relates.

(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. [2001 c.245 §7]

Source: Section 105.634 — Disclaimer of rights of survivorship in jointly held property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.856 — OR Code / Title 10 / Chapter 94 / Section 94.856
94.856 Assessment of common expenses as lien
Status: in_force

(1) Whenever a managing entity levies an assessment for common expenses against a timeshare estate, the managing entity, upon complying with subsection (2) of this section, shall have a lien upon the timeshare estate for the reasonable value of the expenses, for any unpaid assessment and interest as provided in subsection (2)(b) of this section and for any late charges, fines and costs of collection, including but not limited to attorney fees and court costs. The lien shall be prior to any other lien or encumbrance upon the timeshare estate except:

(a) Blanket encumbrances of record;

(b) Tax and assessment liens; and

(c) A purchase money mortgage of record, a purchase money trust deed of record or a purchase agreement of record.

(2) Intentionally left blank —Ed.

(a) A managing entity claiming a lien under subsection (1) of this section shall record in the county in which the timeshare estate or some part thereof is located a claim containing:

(A) A true statement of the account due for common expenses after deducting all just credits and offsets;

(B) The name of the owner of the timeshare estate, or reputed owner, if known; and

(C) The designation of the timeshare estate, sufficient for identification.

(b) If a claim is filed and recorded under this section and the owner of the timeshare estate subject to the claim thereafter fails to pay any assessment chargeable to the timeshare estate, then so long as the original or any subsequent unpaid assessment remains unpaid the claim shall automatically accumulate the subsequent unpaid assessment and interest thereon without the necessity of further filings under this section.

(3) The claim shall be verified by the oath of a person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under ORS 87.035 (Perfecting lien) . The record shall be indexed in the same manner that a deed or other conveyance is required by ORS 93.630 (Index to record of deeds, mortgages and other real property interests) to be indexed.

(4) The proceeding to foreclose a lien created by this section shall conform as nearly as possible to the proceeding to foreclose a lien created by ORS 87.010 (Construction liens) , except that notwithstanding ORS 87.055 (Duration of lien) , a lien may be continued in force for a period of time not to exceed six years from the date the claim is filed under subsection (3) of this section. For the purpose of determining the date the claim is filed in those cases where subsequent unpaid assessments have accumulated under the claim as provided in subsection (2)(b) of this section, the claim regarding each unpaid assessment shall be considered to have been filed at the time the unpaid assessment became due. The lien may be enforced by the managing entity. An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien securing the claim for common expenses.

(5) Unless the timeshare instrument provides otherwise, a fee, late charge, fine and interest imposed under ORS 94.858 (Owners’ association) (4)(i) is enforceable as an assessment under this section.

(6) In addition to seeking a money judgment for the unpaid assessment if the timeshare plan conveys only a timeshare license, the managing entity may bring an action for breach of contract.

(7) A construction lien under ORS 87.001 (Short title) to 87.093 (Information Notice to Owner) for labor performed or materials furnished to timeshare property, if properly incurred by the association or managing entity for the benefit of all timeshare owners with interests in the timeshare property shall, if effective, attach to each timeshare with interests in the timeshare property. The owner of a timeshare subject to the lien shall have the right to have the timeshare released from the lien by payment of the amount of the lien attributable to the timeshare. The amount of the lien attributable to the timeshare and the payment required to satisfy the lien, in the absence of agreement, shall be determined by application of the allocation of common expenses established in the timeshare instrument.

(8) Except as provided in subsection (7) of this section, a construction lien under ORS 87.001 (Short title) to 87.093 (Information Notice to Owner) for labor performed or materials furnished to a unit shall not be filed against the timeshare of any timeshare owner who did not expressly consent to or request the labor or materials. Consent shall be considered given under this subsection by the owner of a timeshare in the case of emergency repairs to the timeshare property done with the consent or at the request of the managing entity. [1983 c.530 §12]

Source: Section 94.856 — Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.010 — OR Code / Title 10 / Chapter 97 / Section 97.010
97.010 Definitions
Status: in_force

As used in ORS 97.010 (Definitions) to 97.040 (Private family burial grounds) , 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers) , 97.510 (Sale and conveyance of plots by cemetery authority) to 97.730 (Gifts and bequests in trust for cemeteries) , 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) , 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) , 97.990 (Penalties) and 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) :

(1) “Alkaline hydrolysis” or “hydrolysis” means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements.

(2) “Alternative disposition facility” means a structure containing equipment purposed for reduction.

(3) “Burial” means the placement of human remains in a grave or lawn crypt.

(4) “Burial park” means a tract of land for the burial of human remains, used, or intended to be used, and dedicated for cemetery purposes.

(5) “Burial right” means the right to use a grave, mausoleum, columbarium, ossuary or scattering garden for the interment or other disposition of human remains.

(6) “Cemetery” means a place:

(a) Dedicated to and used, or intended to be used, for a permanent memorial or the permanent interment of human remains; and

(b) That may contain a mausoleum, crypt or vault interment, a columbarium, an ossuary, a cenotaph, a scattering garden, any other structure or place used or intended to be used for the interment or disposition of human remains or any combination of these structures or places.

(7) “Cemetery association” means a corporation or association authorized by its articles of incorporation to conduct the business of a cemetery, but does not include a corporation sole or a charitable, eleemosynary association or corporation.

(8) “Cemetery authority” means a person who owns or controls cemetery lands or property, including but not limited to a cemetery corporation, association or corporation sole.

(9) “Cemetery business” and “cemetery purpose” are used interchangeably and mean any business or purpose requisite or incident to, or necessary for establishing, maintaining, operating, improving or conducting a cemetery, interring human remains, and the care, preservation and embellishment of cemetery property.

(10) “Cemetery merchandise” means personal property offered for sale or sold for use in connection with the final disposition, memorialization or interment of human remains. “Cemetery merchandise” includes, but is not limited to, an outer burial container and a memorial.

(11) “Cemetery services” means services provided by a cemetery authority for interment or scattering, and installation of cemetery merchandise.

(12) “Cenotaph” means a place, the primary purpose of which is to provide an area where a person may pay to establish a memorial to honor a person whose remains may be interred elsewhere or whose remains cannot be recovered.

(13) “Columbarium” means a structure or room containing receptacles for permanent inurnment of cremated or reduced remains in a place used, or intended to be used, and dedicated for cemetery purposes.

(14) “Cremated remains” means the remains of a cremated human body after completion of the cremation process.

(15) “Cremation” means the technical process, using direct flame and heat, that reduces human remains to bone fragments.

(16) “Crematory” means a structure containing a retort for the reduction of bodies of deceased persons to cremated remains.

(17) “Crypt” or “vault” means a space in a mausoleum of sufficient size used, or intended to be used, to entomb uncremated or unreduced human remains.

(18) “Directors” or “governing body” means the board of directors, board of trustees or other governing body of a cemetery association.

(19) “Endowment care” means the general care and maintenance of developed portions of a cemetery and memorials erected thereon financed from the income of a trust fund.

(20) “Entombment” means the placement of human remains in a crypt or vault.

(21) “Funeral merchandise” means personal property offered for sale or sold for use in connection with funeral services. “Funeral merchandise” includes, but is not limited to, acknowledgment cards, alternative containers, caskets, clothing, cremation containers, cremation interment containers, flowers, memory folders, monuments, outer burial containers, prayer cards, register books and urns.

(22) “Funeral services” means services customarily provided by a funeral service practitioner including, but not limited to, care and preparation of human remains for final disposition, professional services relating to a funeral or an alternative to a funeral, transportation of human remains, limousine services, use of facilities or equipment for viewing human remains, visitation, memorial services or services that are used in connection with a funeral or alternative to a funeral, coordinating or conducting funeral rites or ceremonies, and other services provided in connection with a funeral, alternative to a funeral or final disposition of human remains.

(23) “Grave” means a space of ground in a burial park used, or intended to be used, for burial of the remains of one person.

(24) “Human remains” or “remains” means the body of a deceased person in any stage of decomposition or after cremation or reduction.

(25) “Interment” means the disposition of human remains by inurnment, entombment or burial.

(26) “Inurnment” means the placement of cremated or reduced remains in a receptacle and the deposit of the receptacle in a niche.

(27) “Lot,” “plot” or “burial space” means space in a cemetery owned by one or more individuals, an association or fraternal or other organization and used, or intended to be used, for the permanent interment therein of the remains of one or more deceased persons. Such terms include and apply with like effect to one, or more than one, adjoining grave, crypt, vault or niche.

(28) “Mausoleum” means a structure substantially exposed above ground for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated for cemetery purposes.

(29) “Memorial” means a product, other than a mausoleum or columbarium, used for identifying an interment space or for commemoration of the life, deeds or career of a decedent including, but not limited to, an ossuary, monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, marker bench or vase.

(30) “Natural organic reduction” means the contained, accelerated conversion of human remains to soil.

(31) “Niche” means a recess usually in a columbarium used, or intended to be used, for the inurnment of the cremated or reduced remains of one or more persons.

(32) “Ossuary” means a receptacle used for the communal placement of cremated or reduced remains without benefit of an urn or any other container in which cremated or reduced remains may be commingled with other cremated or reduced remains and are nonrecoverable.

(33) “Plot owner” or “owner” means any person identified in the records of the cemetery authority as owner of the burial rights to a burial plot, or who holds a certificate of ownership conveyed from the cemetery authority of the burial rights in a particular lot, plot or space.

(34) “Reduced remains” means the remains of a human body after completion of reduction.

(35) “Reduction” means alkaline hydrolysis, natural organic reduction and any other method of final disposition of human remains authorized by the State Mortuary and Cemetery Board.

(36) “Scattering” means the lawful dispersion of cremated or reduced remains that need not be associated with an interment right or issuance of a deed, that may be recorded only as a service that has taken place and may not be recorded on the permanent records of the cemetery authority.

(37) “Scattering garden” means a location set aside within a cemetery that is used for the spreading or broadcasting of cremated or reduced remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable.

(38) “Special care” means any care in excess of endowed care in accordance with the specific directions of a donor of funds. [Amended by 1955 c.545 §1; 1965 c.396 §1; 2007 c.661 §1; 2009 c.709 §10; 2021 c.296 §1]

Source: Section 97.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.505 — OR Code / Title 10 / Chapter 105 / Section 105.505
105.505 Remedies available for private nuisance
Status: in_force

Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 §96]

Source: Section 105.505 — Remedies available for private nuisance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.405 — OR Code / Title 10 / Chapter 92 / Section 92.405
92.405 Sale prohibited where public report not waived
Status: in_force

(1) Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report.

(2) A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, prior to the execution of a binding contract or agreement for the sale or lease of a lot, parcel or interest in a subdivision or series partition. The subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, shall take a receipt from the prospective purchaser or lessee upon delivery of a copy of the Real Estate Commissioner’s public report. The receipt must be kept on file within this state in the possession of the subdivider, series partitioner or developer subject to inspection by the commissioner for a period of three years from the date the receipt is taken.

(3) The commissioner’s public report may not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized or printed in larger or heavier type than the balance of the report unless the true copy of the report so emphasizes such portion.

(4) The commissioner may furnish at cost copies of the public report for the use of subdividers, series partitioners and developers.

(5) The requirements of this section extend to lots, parcels or other interests sold by the subdivider, series partitioner or developer after repossession.

(6) In addition to other sanctions provided by law, a violation of subsection (1), (2) or (3) of this section is an unlawful practice subject to ORS 646.608 (Additional unlawful business, trade practices) . [1974 c.1 §10; 1975 c.643 §7; 1977 c.809 §9; 1983 c.570 §17; 2005 c.799 §1; 2007 c.71 §25]

Source: Section 92.405 — Sale prohibited where public report not waived; distribution and use of public report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.322 — OR Code / Title 10 / Chapter 98 / Section 98.322
98.322 Unclaimed securities or distributions
Status: in_force

(1) As used in this section:

(a) “Distribution” means any dividend, profit distribution, interest, payment on principal, stock dividend, stock distribution, unexchanged share or other sum or thing of value owed under a security to the owner by a holder.

(b) “Notice” means communication sent to an owner informing the owner of the existence of a security or distribution and seeking to confirm the owner’s interest in the security or distribution.

(c) “Security” means any stock, equity security, certificate of ownership or other intangible equity ownership interest in a business association, bond or debenture, other than debt of a government entity, or in general, any similar interest or instrument, certificated or uncertificated, evidenced in the records of the holder, or any intangible interest held by a securities intermediary for another person.

(2) A security or distribution is presumed abandoned on the earliest of the following dates:

(a) Three years after the date of the owner’s last communication to the holder indicating the owner’s interest in the property;

(b) Three years after the date of the death of the owner, as evidenced by:

(A) Notice to the holder of the owner’s death by an administrator, beneficiary, relative or trustee, or by a personal representative or other legal representative of the owner’s estate;

(B) Receipt by the holder of a copy of the death certificate of the owner;

(C) Confirmation by the holder of the owner’s death through other means; or

(D) Other evidence from which the holder may reasonably conclude that the owner is deceased; or

(c) One year after the date that the holder receives notice under paragraph (b) of this subsection if the notice is received two or more years after the owner’s death and the holder lacked knowledge of the owner’s death during that period of two or more years.

(3) Notwithstanding the notice requirements under ORS 98.352 (Report of abandoned property) (5), the holder of a security or distribution presumed abandoned under subsection (2) of this section, before filing the report under ORS 98.352 (Report of abandoned property) with respect to a security or distribution, shall provide notice to the owner as follows:

(a) If the holder customarily communicates with the owner by electronic mail:

(A) By initial electronic mail; or

(B) If the holder believes that the owner’s electronic mail address in the holder’s records is not valid, by written notice sent by first class mail to the owner’s last-known address.

(b) If the holder does not customarily communicate with the owner by electronic mail:

(A) By initial written notice sent by first class mail to the owner’s last-known address; and

(B) If the holder has the owner’s electronic mail address and believes it to be valid, also by electronic mail, at the discretion of the holder.

(c) If the initial notice provided under paragraph (a) or (b) of this subsection is returned to the holder as undeliverable or the holder has received no response for 30 days after giving the notice, by additional written notice sent by first class mail to the owner’s last-known address.

(4) The holder of a security or distribution presumed abandoned under subsection (2) of this section shall complete the notification requirements described in subsection (3) of this section at least 60 days before reporting the security or distribution under ORS 98.352 (Report of abandoned property) .

(5) If owner-generated activity occurs with respect to a security or distribution after the initial notice is provided under subsection (3) of this section and before the submission of the report under ORS 98.352 (Report of abandoned property) , including a response to a holder’s notice, the security or distribution is no longer presumed abandoned.

(6) When a security is presumed abandoned under this section, any unclaimed distribution arising under the security, whether before, on or after the presumption of abandonment, is also presumed abandoned.

(7) This section does not apply to property held by a fiduciary subject to ORS 98.332 (Property held by fiduciaries) . [1957 c.670 §7; 1983 c.716 §3; 1985 c.408 §1; 2007 c.539 §4; 2023 c.238 §1]

Source: Section 98.322 — Unclaimed securities or distributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.535 — OR Code / Title 10 / Chapter 100 / Section 100.535
100.535 Maintenance and improvement of units
Status: in_force

(1) Subject to subsections (5) and (6) of this section and any additional limitations contained in the declaration or bylaws, a unit owner:

(a) May make any improvements or alterations to the unit of the unit owner that do not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(b) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may submit a written request to the board of directors for permission to remove or alter any intervening partition or to create apertures therein, even if the partition in whole or in part is a common element.

(2) The board of directors shall approve the change unless it determines within 45 days that the proposed change will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(3) The board of directors may require the unit owner, at the expense of the unit owner, to submit an opinion of a registered architect or registered professional engineer that the proposed change will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

(4) Removal of partitions or creation of apertures under subsection (1) of this section is not an alteration of boundaries.

(5) A unit owner shall make no repair or alteration or perform any other work on the unit which would jeopardize the soundness or safety of the property, reduce the value thereof, impair any easement or hereditament or increase the common expenses of the association unless the consent of all the other unit owners affected is first obtained.

(6) Intentionally left blank —Ed.

(a) Unless otherwise provided in the declaration or bylaws, a unit owner may not change the appearance of the common elements or the exterior appearance of a unit without written approval of the board of directors of the association.

(b) Notwithstanding a contrary provision in the declaration or bylaws, the approval of the board of directors under paragraph (a) of this subsection may be conditioned upon requirements, including assignment of responsibility for maintenance or repair.

(7) Unless otherwise provided in the declaration or bylaws, a unit owner is responsible for the maintenance, repair and replacement of the unit. [Formerly 94.265; 2007 c.410 §15; 2011 c.532 §13]

Source: Section 100.535 — Maintenance and improvement of units , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.618 — OR Code / Title 10 / Chapter 105 / Section 105.618
105.618 Adverse possession of railroad property
Status: in_force

A person may not acquire by adverse possession, as defined in ORS 105.620 (Acquiring title by adverse possession) , property owned by a railroad or used for a railroad operation. [2007 c.440 §1]

Source: Section 105.618 — Adverse possession of railroad property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.132 — OR Code / Title 10 / Chapter 105 / Section 105.132
105.132 Assertion of counterclaim
Status: in_force

No person named as a defendant in an action brought under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) may assert a counterclaim unless the right to do so is otherwise provided by statute. [1985 c.244 §2]

Source: Section 105.132 — Assertion of counterclaim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.890 — OR Code / Title 10 / Chapter 105 / Section 105.890
105.890 Solar energy easement appurtenant
Status: in_force

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

(2) A solar energy easement shall terminate:

(a) Upon the conditions stated therein;

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

(c) At any time by agreement of all owners of benefited and burdened property. [1979 c.671 §7; 2003 c.576 §370]

Source: Section 105.890 — Solar energy easement appurtenant; termination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.275 — OR Code / Title 10 / Chapter 100 / Section 100.275
100.275 Application of ORS 100.250 to 100.280
Status: in_force

(1) Subject to ORS 100.550 (Service of process) (3), ORS 100.250 (Documents required to be filed with Real Estate Agency) to 100.280 (Termination of filing Condominium Information Report) , including the filing of a Condominium Information Report described in ORS 100.260 (Condominium Information and Annual Reports) (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if:

(a) The board of directors of the association receives a written request to comply with such sections from at least one unit owner or holder of a first mortgage or deed of trust on a unit;

(b) The board of directors of the association adopts a resolution to comply with such sections in accordance with the bylaws;

(c) The association is a party to a suit or action, the person designated in the declaration under ORS 100.105 (Contents of declaration) (1)(L), the chairperson, president or secretary receives written notice to comply with such sections from any other party to such suit or action. A copy of the notice must be delivered to the Real Estate Agency. The Real Estate Agency shall provide a copy of the filed report to the requesting party and may charge the association a fee for cost of such action. If the association fails to deliver for filing such report, the provisions of ORS 100.265 (Annual Report) (3) apply; or

(d) A filing is required to comply with the requirements of ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) , 100.135 (Amendments to declaration) or 100.450 (Association lien against individual unit) .

(2) The Condominium Information Report required under subsection (1) of this section must be executed by the association. [1989 c.595 §42; 1995 c.31 §8; 2001 c.756 §60; 2007 c.410 §18; 2019 c.69 §43; 2019 c.403 §3]

Note: See note under 100.250 (Documents required to be filed with Real Estate Agency) .

Source: Section 100.275 — Application of ORS 100.250 to 100.280 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.318 — OR Code / Title 10 / Chapter 90 / Section 90.318
90.318 Criteria for landlord provision of certain recycling services
Status: in_force

(1) In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises or five or more manufactured dwellings in a single facility shall at all times during tenancy provide to all tenants:

(a) A separate location for containers or depots for materials designated for recycling collection on the uniform statewide collection list established under ORS 459A.914 (Uniform statewide collection list) , adequate to hold the reasonably anticipated volume of each material;

(b) Regular collection service of the source separated recyclable materials; and

(c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

(2) As used in this section, “recyclable material” and “source separate” have the meaning given those terms in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) . [1991 c.385 §16; 2021 c.681 §57]

Source: Section 90.318 — Criteria for landlord provision of certain recycling services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.845 — OR Code / Title 10 / Chapter 92 / Section 92.845
92.845 Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes
Status: in_force

(1) A planned community subdivision of manufactured dwellings created in a manufactured dwelling park or mobile home park under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) :

(a) Is subject to ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) ;

(b) Is not subject to system development charges or other similar charges that are based on approval of the subdivision; and

(c) Remains subject to system development charges that are based on the prior approval of the manufactured dwelling park or mobile home park.

(2) The declarant of a planned community subdivision of manufactured dwellings under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) shall:

(a) Comply with the provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) , except ORS 92.337 (Exemption procedures) and 92.395 (Waiver of examination in this state) ; and

(b) Include in the declaration described in ORS 94.580 (Declaration) a statement that the subdivision will comply with the conditions required by ORS 92.835 (Subdivision of manufactured dwelling park or mobile home park) and subsections (1)(b) and (c) of this section. [2001 c.711 §5; 2003 c.474 §9]

Note: See note under 92.830 (Definitions for ORS 92.830 to 92.845) .

Source: Section 92.845 — Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes; system development charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.376 — OR Code / Title 10 / Chapter 98 / Section 98.376
98.376 Periods of limitation not a bar
Status: in_force

The expiration of any period of time specified by statute or court order, during which an action, suit or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned and does not affect any duty to file a report required by ORS 98.352 (Report of abandoned property) or to pay or deliver unclaimed property to the State Treasurer. This section does not affect any property interests that vested prior to August 20, 1957. [1957 c.670 §18; 1983 c.716 §14; 1993 c.694 §12; 2019 c.678 §17]

Source: Section 98.376 — Periods of limitation not a bar , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.055 — OR Code / Title 10 / Chapter 105 / Section 105.055
105.055 Conclusiveness of judgment
Status: in_force

(1) Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the judgment is given, and against all persons claiming from, through or under such party, after the commencement of the action.

(2) When service of the summons is made by publication and judgment is given for want of an answer, at any time within two years from the entry thereof the defendant or the successor in interest of the defendant as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order vacating the judgment and granting the defendant a new trial upon the payment of the costs of the action.

(3) In an action against a tenant the judgment is conclusive against a landlord, who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against the landlord.

Source: Section 105.055 — Conclusiveness of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.220 — OR Code / Title 10 / Chapter 90 / Section 90.220
90.220 Terms and conditions of rental agreement
Status: in_force

(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

(2) The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or tenant.

(3) The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto.

(4) Except as provided in this subsection, the rental agreement must include a disclosure of the smoking policy for the premises that complies with ORS 479.305 (Smoking policy disclosure) . A disclosure of smoking policy is not required in a rental agreement subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) for space in a facility as defined in ORS 90.100 (Definitions) .

(5) Notwithstanding ORS 90.245 (Prohibited provisions in rental agreements) (1), the parties to a rental agreement to which ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation) apply may include in the rental agreement a provision for informal dispute resolution.

(6) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

(7) Except as otherwise provided by this chapter:

(a) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month or week, depending on whether the tenancy is month-to-month or week-to-week. Rent may not be considered to be due prior to the first day of each rental period. Rent increases must comply with the provisions of ORS 90.323 (Maximum rent increase) .

(b) If a rental agreement does not create a week-to-week tenancy, as defined in ORS 90.100 (Definitions) , or a fixed term tenancy, the tenancy shall be a month-to-month tenancy.

(8) Except as provided by ORS 90.427 (Termination of tenancy without tenant cause) (11), a tenant is responsible for payment of rent until the earlier of:

(a) The date that a notice terminating the tenancy expires;

(b) The date that the tenancy terminates by its own terms;

(c) The date that the tenancy terminates by surrender;

(d) The date that the tenancy terminates as a result of the landlord failing to use reasonable efforts to rent the dwelling unit to a new tenant as provided under ORS 90.410 (Effect of tenant failure to give notice of absence) (3);

(e) The date when a new tenancy with a new tenant begins;

(f) Thirty days after delivery of possession without prior notice of termination of a month-to-month tenancy; or

(g) Ten days after delivery of possession without prior notice of termination of a week-to-week tenancy.

(9) Intentionally left blank —Ed.

(a) Notwithstanding a provision in a rental agreement regarding the order of application of tenant payments, a landlord shall apply tenant payments in the following order:

(A) Outstanding rent from prior rental periods;

(B) Rent for the current rental period;

(C) Utility or service charges;

(D) Late rent payment charges; and

(E) Fees or charges owed by the tenant under ORS 90.302 (Fees allowed for certain landlord expenses) or other fees or charges related to damage claims or other claims against the tenant.

(b) This subsection does not apply to rental agreements subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) . [Formerly 90.240; 2009 c.127 §3; 2009 c.431 §10; 2011 c.42 §1; 2015 c.388 §10; 2016 c.53 §3; 2019 c.1 §7]

Source: Section 90.220 — Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.920 — OR Code / Title 10 / Chapter 94 / Section 94.920
94.920 Consent to service by out-of-state developer
Status: in_force

(1) Every nonresident developer, at the time of filing the notice required by ORS 94.823 (Notice of intent to sell timeshares) , also shall file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) , personal service of summons or process cannot be made upon the developer in this state after the exercise of due diligence, a valid service may be made upon the developer by service on the commissioner.

(2) The consent required under subsection (1) of this section shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by a developer and shall set forth:

(a) The name of the developer.

(b) The address to which documents served upon the commissioner are to be forwarded.

(c) If the developer is a corporation or unincorporated association, that the officer exercising the consent was authorized by resolution duly adopted by the board of directors.

(3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

(4) Service of process on the commissioner under this section shall be made by delivering to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of the process, with duplicate copies of any papers required by law to be delivered in connection with the service.

(5) When the commissioner is served with process under the provisions of this section, the commissioner shall immediately forward by registered mail or by certified mail with return receipt one of the copies with any accompanying papers, to the developer at the address set forth in the consent.

(6) The commissioner shall keep a record of each process, notice and demand served under this section, and shall record the time of each service and the action taken by the commissioner on each service. [1983 c.530 §43; 1991 c.249 §10]

Source: Section 94.920 — Consent to service by out-of-state developer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.164 — OR Code / Title 10 / Chapter 105 / Section 105.164
105.164 Setting aside old judgments by courts
Status: in_force

(1) On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS chapter 90 for which the court finds that:

(a) The judgment does not contain a money award or that any money award has expired or been satisfied or discharged; and

(b) Intentionally left blank —Ed.

(A) The judgment was a judgment of restitution entered for the plaintiff and at least five years have passed from the date of the judgment; or

(B) The judgment was a judgment by stipulation of the parties under ORS 105.145 (Judgment on trial by court) (2) and at least 12 months have passed from the date of the judgment.

(2) Upon entry of the order, the judgment that is the subject of the motion is deemed not to have been entered, and any party may answer accordingly any questions relating to its occurrence.

(3) Nothing in this section limits the ability of a defendant to apply for an order under ORS 105.163 (Setting aside judgment upon motion of tenant) . [2023 c.13 §65]

Note: Section 66, chapter 13, Oregon Laws 2023, provides:

Sec. 66. (1) Section 65 of this 2023 Act [ 105.164 (Setting aside old judgments by courts) ] does not apply to judgments entered on or before January 1, 2014.

(2) Each justice and circuit court shall conduct a review of its records and enter its first order under section 65 of this 2023 Act on or before December 31, 2024. [2023 c.13 §66]

Source: Section 105.164 — Setting aside old judgments by courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.900 — OR Code / Title 10 / Chapter 94 / Section 94.900
94.900 Alternative to lien payment trust
Status: in_force

(1) If it is impossible or impractical for a developer to satisfy any of the requirements of ORS 94.890 (Lien payment trust) because of factors over which the developer has little or no control, the Real Estate Commissioner may accept arrangements other than those prescribed by ORS 94.890 (Lien payment trust) which in the commissioner’s judgment will give rights and remedies affording equivalent benefits and protection to timeshare owners and which are at least comparable in scope though not necessarily in nature to those afforded by ORS 94.890 (Lien payment trust) .

(2) If the commissioner is asked to accept alternative arrangements under this section, the commissioner may contract with an attorney and with any other private consultant the commissioner considers necessary or advisable, in connection with the review of the proposed arrangements for protecting purchasers. The attorney shall thoroughly review the timeshare plan for the purpose of examining the purchaser protections, including the documentation used in the timeshare plan and the disclosure thereof in the developer’s public report. After completing the review the attorney shall provide a written analysis of the nature and extent of the protection that the proposal affords a purchaser against blanket encumbrances. The cost of retaining the attorneys and other consultants shall be paid by the developer. [1983 c.530 §34]

Source: Section 94.900 — Alternative to lien payment trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.345 — OR Code / Title 10 / Chapter 92 / Section 92.345
92.345 Notice of intention
Status: in_force

(1) Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a “Notice of Intention” notify the Real Estate Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows:

(a) The name and the business and residence address of the subdivider or series partitioner;

(b) The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partition;

(c) With respect to subdivided or series partitioned lands located in this state:

(A) For subdivided land or a subdivision as those terms are defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192) , a certified copy of the plat filed for record under ORS 92.120 (Recording plats) and a copy of any conditions imposed by the city or county governing body;

(B) For a partition as that term is defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192) , a certified copy of the plat filed for record under ORS 92.120 (Recording plats) and a copy of any conditions imposed by the city or county governing body; and

(C) For all other land subject to ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) , a survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold and a statement from the city or county governing body that the proposal as depicted on the survey, diagram, drawing or other writing has received all necessary local approvals or that no local approval is required;

(d) With respect to subdivided lands located outside this state:

(A) A copy of the plat, map, survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold, in the final recorded form required by the governing body having jurisdiction over the property; and

(B) A written statement from the appropriate governing body that the plat, map, survey, diagram, drawing or other writing is in compliance with all applicable laws, ordinances and regulations;

(e) A brief but comprehensive statement describing the land on and the locality in which the subdivision or series partition is located;

(f) A statement of the condition of the title to the land;

(g) A statement of the provisions, if any, that have been made for legal access, sewage disposal and public utilities in the proposed subdivision or series partition, including water, electricity, gas and telephone facilities;

(h) A statement of the use or uses for which the proposed subdivision or series partition will be offered; and

(i) A statement of the provisions, if any, limiting the use or occupancy of the interests in the subdivision or series partition.

(2) The notice of intention shall be accompanied by a filing fee as follows:

(a) For subdivisions or series partitions containing 10 or fewer lots, parcels or interests, $100.

(b) For subdivisions or series partitions containing over 10 lots, parcels or interests, $100, and $25 for each additional lot, parcel or interest, but in no case shall the fee be more than $2,500.

(3) For lands located outside this state, the notice of intention shall include only the area shown by the plat, survey, diagram, drawing or other writing required under subsection (1)(d) of this section. The subdivision of any contiguous lands located outside this state shall be treated as a separate subdivision for which an additional complete filing must be made, even though the plat, map, survey, diagram, drawing or other writing of the contiguous lands is recorded simultaneously as part of an overall development. [1974 c.1 §4; 1974 c.53 §1; 1975 c.643 §3; 1977 c.809 §8; 1979 c.242 §5; 1983 c.570 §11; 1985 c.369 §6; 1991 c.763 §23; 2007 c.866 §11; 2008 c.12 §5]

Source: Section 92.345 — Notice of intention; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 93.985 — OR Code / Title 10 / Chapter 93 / Section 93.985
93.985 Forfeiture of transfer by parent who deserted or neglected transferor
Status: in_force

(1) A petition may be filed in probate proceedings to assert that the interest in property, as defined in ORS 93.949 (URPTDA 2. Definitions) , transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS 93.983 (Transfer to parent who deserted or neglected transferor) . A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.

(2) A petition under this section must be filed not later than:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

(A) Four months after the date of publication of notice to interested persons; or

(B) If notice to interested persons was not published, one year after the decedent’s date of death.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

(a) If the petitioner is a child or sibling of the transferor, a preponderance of evidence; or

(b) If the petitioner is not a child or sibling of the transferor, clear and convincing evidence. [2011 c.212 §21; 2019 c.461 §7; 2023 c.18 §3]

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

Source: Section 93.985 — Forfeiture of transfer by parent who deserted or neglected transferor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.265 — OR Code / Title 10 / Chapter 90 / Section 90.265
90.265 Interest in alternative energy device installed by tenant
Status: in_force

(1) An alternative energy device installed in a dwelling unit by a tenant with the landlord’s written permission is not a fixture in which the landlord has a legal interest, except as otherwise expressly provided in a written agreement between the landlord and tenant.

(2) As a condition to a grant of written permission referred to in subsection (1) of this section, a landlord may require a tenant to do one or more of the following:

(a) Provide a waiver of the landlord’s liability for any injury to the tenant or other installer resulting from the tenant’s or installer’s negligence in the installation of the alternative energy device;

(b) Secure a waiver of the right to a lien against the property of the landlord from each contractor, subcontractor, laborer and material supplier who would obtain the right to a lien when the tenant installs or causes the installation of the alternative energy device; or

(c) Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device.

(3) Nothing in this section:

(a) Authorizes the installation of an alternative energy device in a dwelling unit without the landlord’s written permission; or

(b) Limits a landlord’s right to recover damages and obtain injunctive relief as provided in ORS 90.401 (Remedies available to landlord) .

(4) As used in this section, “alternative energy device” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118) . [Formerly 91.757; 1993 c.369 §32; 1995 c.559 §57; 1997 c.577 §10; 1999 c.603 §13; 2005 c.22 §60; 2005 c.391 §17]

Source: Section 90.265 — Interest in alternative energy device installed by tenant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.355 — OR Code / Title 10 / Chapter 105 / Section 105.355
105.355 Report of sale
Status: in_force

After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.

Source: Section 105.355 — Report of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.046 — OR Code / Title 10 / Chapter 92 / Section 92.046
92.046 Adoption of regulations governing approval of partitioning of land
Status: in_force

(1) The governing body of a county or a city may, as provided in ORS 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) , when reasonably necessary to accomplish the orderly development of the land within the jurisdiction of such county or city under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) and to promote the public health, safety and general welfare of the county or city, adopt regulations or ordinances governing approval, by the county or city of proposed partitions. Such regulations or ordinances shall be applicable throughout the area over which the county or city has jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) , or over any portion thereof. Such ordinances or regulations may specify the classifications of such partitions which require approval under this section and may establish standards and procedures governing the approval of tentative plans for such partitions. The standards may include all, or less than all, of the same requirements as are provided or authorized for subdivisions under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and may provide for different standards and procedures for different classifications of such partitions so long as the standards are no more stringent than are imposed by the city or county in connection with subdivisions.

(2) Such ordinances or regulations may establish the form and contents of the tentative plans of partitions submitted for approval.

(3) 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 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 partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval and require initiation of any such appeal within 10 days after the date of the approval or disapproval from which the appeal is taken.

(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) .

(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 applications for approval of proposed partitions.

(5) No tentative plan of a proposed partition may be approved unless the tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under this section that are then in effect for the city or county within which the land described in the tentative plan is situated.

(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. [1955 c.756 §22; 1973 c.696 §10; 1983 c.827 §19f; 1989 c.772 §7; 1993 c.792 §47; 1999 c.348 §13]

Source: Section 92.046 — Adoption of regulations governing approval of partitioning of land; delegation; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.148 — OR Code / Title 10 / Chapter 105 / Section 105.148
105.148 Contesting plaintiff’s affidavit or declaration of noncompliance
Status: in_force

(1) Intentionally left blank —Ed.

(a) To contest a plaintiff’s affidavit or declaration of noncompliance under ORS 105.146 (Failure of defendant to perform as ordered) and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The request must be filed prior to issuance by the clerk of a writ of execution of judgment of restitution and must include a statement by the defendant describing how the defendant complied with the order or describing why the defendant should not be required to comply.

(b) A court may, as part of the procedure authorized by ORS 105.146 (Failure of defendant to perform as ordered) (6), require that a defendant submit a hearing request to the court for ex parte review prior to the defendant’s filing the request with the clerk. If the court provides for ex parte review, the ex parte review must be available every judicial day for appearance by the defendant before the court within the time period between service of the notice of restitution and the date of expiration of the notice of restitution. The notice of restitution must include or have attached to it a description of the requirements for appearing before the court for ex parte review and a copy of the hearing request form. The court may not require that the defendant notify the plaintiff of the defendant’s intention to appear before the court. If, after hearing the defendant at the ex parte review, the court finds that the reasons given by the defendant for opposing the plaintiff’s affidavit or declaration of noncompliance do not relate to the issues listed in ORS 105.149 (Hearing on compliance with order) (2), the court shall deny the request for a hearing.

(2) The clerk shall make available a document providing for a request for hearing by a defendant. The document must be in substantially the following form:

Landlord or agent (Plaintiff):

__________________

vs.

Tenant/Occupant (Defendant):

__________________

Address of Property:

__________________

__________________

1. My landlord has filed a statement with the court saying that I have not complied with a court-approved agreement and that as a result my landlord is entitled to possession of the property.

2. I deny the landlord is entitled to possession of the property because (The reason must be one of the following. You must check one or more of these responses and you must explain in section 3.):

_____ a. The landlord is wrong. As explained below, I did comply with the agreement.

_____ b. Before I could comply with the agreement, the landlord was supposed to do what is explained below, which the landlord did not do.

_____ c. The landlord and I changed the agreement and I complied with the agreement as changed. The change we agreed to is explained below.

_____ d. The landlord prevented me from keeping the agreement. The way the landlord did that is explained below.

_____ e. The agreement was not made in good faith as required by ORS 90.130 (Obligation of good faith) . The lack of good faith is explained below.

_____ f. The portion of the agreement described below was unconscionable as described in ORS 90.135 (Unconscionability) .

_____ g. The landlord is required by law or contract to have good cause to force me to move out and my alleged conduct or performance does not meet the standard of good cause, as explained below.

_____ h. The landlord is claiming I did not pay rent for a period of time following the date of the agreement. I did not pay that rent because I have claims for money against the landlord to offset the rent. Those claims arise from the landlord’s violation of the Residential Landlord and Tenant Act or the rental agreement since the date of the court order and are explained below.

3. Here is my explanation for the reason or reasons checked above:

___________________________

___________________________

___________________________

4. I understand that if I lose in court, I may be responsible for the landlord’s costs, disbursements, any attorney fees and a prevailing party fee.

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

_______________

Date: ________

(3) As an alternative to the document described in subsection (2) of this section, a defendant may request a hearing by use of a notarized affidavit. [2001 c.596 §11 ( 105.146 (Failure of defendant to perform as ordered) , 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order) enacted in lieu of 105.147); 2003 c.378 §24; 2005 c.391 §35; 2007 c.508 §17]

Note: See note under 105.146 (Failure of defendant to perform as ordered) .

Source: Section 105.148 — Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.803 — OR Code / Title 10 / Chapter 94 / Section 94.803
94.803 Definitions for ORS 94.803 and 94.807 to 94.945
Status: in_force

As used in this section and ORS 94.807 (Application) to 94.945 (Advertising regulation) :

(1) “Agency” means the Real Estate Agency.

(2) “Accommodation” means an apartment, condominium unit, cabin, house, lodge, hotel or motel room or other private or commercial structure situated on real property and designed for residential occupancy.

(3) “Assessment” means the pro rata share assessed from time to time against each owner of a timeshare by the managing entity to pay for common expenses.

(4) “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 timeshare, or an agreement affecting more than one timeshare by which the developer holds the timeshare property under an option, leasehold, contract to sell or trust agreement.

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

(6) “Common expenses” means:

(a) Expenses of administration, maintenance, repair or replacement of the accommodations and facilities of the timeshare plan;

(b) Expenses agreed upon as common by all the timeshare owners in the timeshare plan; and

(c) Expenses declared common by the timeshare instrument or bylaws of the timeshare plan.

(7) “Developer” means a person that:

(a) Creates a timeshare plan;

(b) Succeeds to the interest of a person that creates a timeshare plan; or

(c) Purchases a timeshare from a person described in paragraph (a) or (b) of this subsection for the primary purpose of resale.

(8) “Exchange program” means any opportunity for a purchaser to exchange timeshare periods among purchasers in the same or other timeshare plans.

(9) “Facility” means a structure, service, improvement or real property available for the owner’s use.

(10) “Fractional interest” means any undivided fractional ownership of real property which gives each and every fractional owner full rights to unlimited use and possession of the real property subject only to such limitation as the fractional owners may agree to among themselves.

(11) “Managing entity” means the person designated in the timeshare instrument or selected by the owners’ association board or by the owners to manage all or a portion of the timeshare plan.

(12) “Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of a timeshare, including but not limited to advertising, solicitation and promotion of the sale of the timeshare.

(13) “Offering” means any advertisement, inducement, solicitation or attempt to encourage a person to acquire a timeshare, other than as a security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a timeshare in property located outside this state is not an offering if the advertisement states that the offering is valid only if made in compliance with the law of the jurisdiction in which the offer is disseminated.

(14) “Owner” means a person, other than the developer, to whom a timeshare has been conveyed other than as security for an obligation.

(15) “Project” means real property subject to a timeshare instrument. A project may include accommodations that are not timeshare accommodations.

(16) “Purchaser” means any person, other than a developer, who by voluntary transfer acquires an interest in a timeshare other than as security for an obligation.

(17) “Sale” means a transaction that conveys a timeshare other than as security for an obligation, including, but not limited to a lease or assignment.

(18) “Timeshare” means a timeshare estate or a timeshare license.

(19) “Timeshare agreement” means an agreement conferring the rights and obligations of the timeshare plan on a purchaser including but not limited to a deed, lease and vacation license.

(20) “Timeshare estate” means a right to occupy an accommodation during five or more separated timeshare periods over a period of at least five years, including renewal options, coupled with a freehold estate or an estate for years in the timeshare property.

(21) “Timeshare instrument” means a document creating or regulating timeshares.

(22) “Timeshare license” means a right to occupy an accommodation during five or more separated timeshare periods over a period of more than three years, including renewal options, not coupled with a freehold estate or an estate for years.

(23) “Timeshare period” means the period of time when an owner is entitled to possess and occupy accommodations or facilities of a timeshare plan.

(24) “Timeshare plan” means an arrangement, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right to use agreement or otherwise, in which an owner receives a timeshare estate or a timeshare license and the right to use accommodations and facilities that are part of the timeshare property. A timeshare plan does not include an exchange program.

(25) “Timeshare property” means one or more accommodations subject to the same timeshare instrument and any other real estate or rights appurtenant to those accommodations. [1983 c.530 §2; 1987 c.414 §144b; 1991 c.64 §1; 2017 c.354 §1]

Source: Section 94.803 — Definitions for ORS 94.803 and 94.807 to 94.945 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.650 — OR Code / Title 10 / Chapter 90 / Section 90.650
90.650 Notice of tax provisions to tenants of closing park
Status: in_force

(1) If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of a federal, state or local agency or as provided under ORS 90.645 (Closure of park) (1), the landlord shall provide notice to the tenant of the tax credit provided under ORS 316.090 (Credit for manufactured dwelling park closure) . The notice shall state the eligibility requirements for the credit, information on how to apply for the credit and any other information required by the Housing and Community Services Department or the Department of Revenue by rule. The notice shall also state that the closure may allow the taxpayer to appeal the property tax assessment on the manufactured dwelling.

(2) The Housing and Community Services Department shall adopt rules establishing a sample form for the notice described in this section and the notice described in ORS 90.645 (Closure of park) (3).

(3) The Department of Revenue, in consultation with the Housing and Community Services Department, shall adopt rules establishing a sample form and explanation for the property tax assessment appeal.

(4) The Housing and Community Services Department may adopt rules to administer this section. [Formerly 90.635; 2011 c.83 §2; 2019 c.625 §60]

Note: The amendments to 90.650 (Notice of tax provisions to tenants of closing park) by section 7a, chapter 906, Oregon Laws 2007, become operative January 1, 2026. See section 7b, chapter 906, Oregon Laws 2007, as amended by section 3, chapter 83, Oregon Laws 2011, section 35, chapter 750, Oregon Laws 2013, and section 21, chapter 579, Oregon Laws 2019. The text that is operative on and after January 1, 2026, including amendments by section 61, chapter 625, Oregon Laws 2019, is set forth for the user’s convenience.

90.650 (Notice of tax provisions to tenants of closing park) . (1) If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of a federal, state or local agency or as provided under ORS 90.645 (Closure of park) (1), the landlord shall provide notice to the tenant that the closure may allow the taxpayer to appeal the property tax assessment on the manufactured dwelling.

(2) The Department of Revenue, in consultation with the Housing and Community Services Department, shall adopt rules establishing a sample form and explanation for the property tax assessment appeal.

(3) The Housing and Community Services Department may adopt rules to administer this section.

Note: 90.650 (Notice of tax provisions to tenants of closing park) (4) 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 90.650 — Notice of tax provisions to tenants of closing park; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.928 — OR Code / Title 10 / Chapter 97 / Section 97.928
97.928 Prohibitions
Status: in_force

A person may not, in connection with performing certified provider activities, providing services as a master trustee or providing related services:

(1) Employ any device, scheme or artifice to defraud;

(2) Knowingly make any untrue statement of a material fact or omit stating a material fact necessary in order to make the statements made, in the light of the circumstances under which the statements are made, not misleading;

(3) Engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon any person; or

(4) Make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services any statement, report or document that is known to be false in any material respect or matter. [2012 c.7 §13; 2019 c.8 §8]

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

Source: Section 97.928 — Prohibitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 101.160 — OR Code / Title 10 / Chapter 101 / Section 101.160
101.160 Short title
Status: in_force

This chapter may be cited as the Continuing Care Retirement Community Provider Registration Act. [1989 c.693 §1]

Source: Section 101.160 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 94.839 — OR Code / Title 10 / Chapter 94 / Section 94.839
94.839 Notice of cancellation right
Status: in_force

(1) The first written agreement for the sale of a timeshare to a purchaser signed by the purchaser shall contain, either upon the first page of the agreement or on a separate sheet attached to the first page, the following notice in at least 8-point type:

BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE A TIMESHARE. HOWEVER, YOU HAVE FIVE CALENDAR DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL THE AGREEMENT BY WRITTEN NOTICE TO THE DEVELOPER OR THE DEVELOPER’S AGENT AT THE FOLLOWING ADDRESS:

BEFORE EXECUTING THIS AGREEMENT, OR BEFORE THE FIVE-DAY CANCELLATION PERIOD ENDS, YOU SHOULD CAREFULLY EXAMINE THE PUBLIC REPORT ON THE TIMESHARE PLAN AND ANY ACCOMPANYING INFORMATION DELIVERED BY THE DEVELOPER.

(2) A copy of the notice set forth in subsection (1) of this section shall be given to each purchaser under an agreement described in subsection (1) of this section at the time or immediately after the purchaser signs the agreement. [1983 c.530 §27]

Source: Section 94.839 — Notice of cancellation right , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.920 — OR Code / Title 10 / Chapter 97 / Section 97.920
97.920 Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien
Status: in_force

Upon the failure of the owner of the premises to comply with the order of the court requiring proper care of the premises or upon the failure of any of the defendants to appear and answer the complaint or upon the trial of the cause, if the court finds that the allegations of the complaint are supported by the evidence and that the summons has been served as provided in ORS 97.900 (Summons) , the court may enter a judgment in accordance with the allegations of the complaint and the provisions of ORS 97.890 (Complaint) (1). [Amended by 2003 c.576 §360]

Source: Section 97.920 — Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.070 — OR Code / Title 10 / Chapter 92 / Section 92.070
92.070 Surveyor’s certificates
Status: in_force

(1) Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of Oregon, offered for record, must include on the face of the plat a surveyor’s certificate, together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surveyor has correctly surveyed and marked with proper monuments the lands as represented and has placed a proper monument as provided in ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) indicating the initial point of the plat and its location in accordance with ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) (1) and accurately describing by metes or bounds, or other description as approved by the county surveyor, the tract of land upon which the lots and blocks or parcels are laid out.

(2) If the person subdividing any land has complied with ORS 92.065 (Monumenting certain subdivision corners after recording plat) (1), the surveyor may prepare the plat of the subdivision for recording with only the exterior monuments referenced on the subdivision plat as submitted for recording. The subdivision plat shall include a certification of the surveyor that the remaining corners for the subdivision will be monumented on or before a specified date in accordance with ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) , noting those monuments to be set on or before said specified date on the subdivision plat as approved by the city or county.

(3) After the remaining corners for a subdivision have been monumented as provided in the certificate submitted under subsection (2) of this section, the surveyor performing the work shall:

(a) Within five days after completion of the work, notify the person subdividing the land involved and the county surveyor by whom the subdivision was approved; and

(b) Upon approval of the work under ORS 92.100 (Approval of plat by city or county surveyor) by the county surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the remaining corners of the subdivisions as noted on the original subdivision plat. Any monument that cannot be set shall be separately noted and a reference monument shall be set. The affidavit shall be approved by the county surveyor before recording. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder where the subdivision plat is recorded. The county clerk shall promptly provide a recorded copy of the affidavit to the county surveyor. The county surveyor shall note the monuments set and the recorder’s information on the county surveyor’s copy of the subdivision plat and any exact copies filed in accordance with ORS 92.120 (Recording plats) (3). The original plat may not be corrected or changed after it is recorded with the county clerk.

(4) The county surveyor approving the work pursuant to subsection (3) of this section shall reference the approval upon the subdivision plat and tracings previously recorded. A city surveyor approving the work under ORS 92.100 (Approval of plat by city or county surveyor) (1) shall reference that surveyor’s approval on the affidavit required under this section prior to approval by the county surveyor.

(5) Notwithstanding ORS 209.250 (Survey by registered land surveyor) , the surveyor who prepared the subdivision or partition plat may reestablish plat monuments within two years of plat recordation without filing a map of the survey as required under ORS 209.250 (Survey by registered land surveyor) . The surveyor reestablishing any plat monuments shall prepare an affidavit stating that the reestablished corners of the subdivision or partition plat have been correctly surveyed and marked with proper monuments as required under ORS 92.060 (Marking subdivision, partition or condominium plats with monuments) . The affidavit shall be approved by the county surveyor prior to recordation of the affidavit with the county clerk. The surveyor who prepared the affidavit shall file the affidavit with the county clerk for the county where the subdivision or partition plat is recorded. The county clerk shall promptly provide a certified copy of the recorded affidavit to the surveyor. The county surveyor shall indicate the reestablished monuments on the county surveyor’s copy of the plat of the subdivision or partition and any copies of the plat filed under ORS 92.120 (Recording plats) (3). The original plat may not be corrected or changed after it is recorded with the county clerk. The county shall charge a fee for recording the affidavit in the county clerk’s office and the county surveyor’s office. The fee shall be established by the governing body of the county and shall be paid to the county surveyor. [Amended by 1973 c.696 §13; 1983 c.309 §6; 1989 c.772 §11; 1991 c.763 §13; 1995 c.382 §7; 1997 c.489 §4; 1999 c.1018 §5; 2001 c.173 §1; 2005 c.399 §8]

Source: Section 92.070 — Surveyor’s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 94.733 — OR Code / Title 10 / Chapter 94 / Section 94.733
94.733 Easements held by owner of lot and by declarant
Status: in_force

(1) Subject to ORS 94.665 (Authority of association to sell, transfer, convey or encumber common property) , each owner of a lot has an easement through the common property:

(a) For access to the owner’s lot; and

(b) For use of the common property consistent with the declaration and the bylaws.

(2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant’s obligations or exercising any special declarant right.

(3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner’s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community.

(4) Intentionally left blank —Ed.

(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot:

(A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) ; or

(B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot.

(b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create a right of action in the owner of the lot. [1981 c.782 §33; 2009 c.641 §16]

Source: Section 94.733 — Easements held by owner of lot and by declarant; homeowners association access to lots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.055 — OR Code / Title 10 / Chapter 92 / Section 92.055
92.055 Requirements for unsurveyed and unmonumented parcels on plats
Status: in_force

(1) A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following:

(a) The approximate acreage of each unsurveyed parcel shall be shown; and

(b) Any unsurveyed parcel shall have the words “unsurveyed” placed in bold letters adjacent to the parcel number.

(2) Unsurveyed parcels need not comply with ORS 92.050 (Requirements of survey and plat of subdivision and partition) (5), (7) and (8). [1995 c.382 §2; 1999 c.1018 §2; 2005 c.399 §6]

Note: 92.055 (Requirements for unsurveyed and unmonumented parcels on plats) 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 92.055 — Requirements for unsurveyed and unmonumented parcels on plats , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.427 — OR Code / Title 10 / Chapter 100 / Section 100.427
100.427 Methods of voting
Status: in_force

(1) The voting rights or consent of a unit owner may be cast or given:

(a) In person at a meeting of the association of unit owners.

(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 this chapter 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 100.425 (Use of written ballot for approving or rejecting matters subject to meeting of unit owners) .

(e) By any other method specified by the declaration or bylaws or this chapter.

(2) Intentionally left blank —Ed.

(a) A proxy:

(A) Must be dated and signed by the unit 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) A unit 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 of unit owners or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 100.425 (Use of written ballot for approving or rejecting matters subject to meeting of unit owners) .

(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 a unit owner present for the purpose of establishing a quorum.

(d) Even if an absentee ballot has been delivered to a unit owner, the unit owner may vote in person at a meeting if the unit 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. [1999 c.677 §61; 2003 c.569 §35; 2007 c.409 §28]

Note: 100.427 (Methods of voting) 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 100.427 — Methods of voting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.023 — OR Code / Title 10 / Chapter 100 / Section 100.023
100.023 Void and unenforceable provisions of condominium governing document
Status: in_force

(1) A provision of a condominium’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on a unit owner or the association is void and unenforceable while any of the following is in effect:

(a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the condominium is located;

(b) A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occur in a political subdivision within which the condominium is located;

(c) An ordinance adopted by the governing body of a political subdivision within which the condominium is located that requires conservation or curtailment of water use; or

(d) A rule adopted by the association under subsection (2) of this section to reduce or eliminate irrigation water use.

(2) Notwithstanding any provision of a condominium’s governing document or landscaping or architectural guidelines imposing irrigation requirements on a unit owner or the association, an association may adopt rules that:

(a) Require the reduction or elimination of irrigation on any portion of the condominium.

(b) Permit or require the replacement of turf or other landscape vegetation with xeriscape on any portion of the condominium.

(c) Require prior review and approval by the association or its designee of any plans by a unit owner or the association to replace turf or other landscape vegetation with xeriscape.

(d) Require the use of best practices and industry standards to reduce the landscaped areas and minimize irrigation of existing landscaped general common elements where turf is necessary for the function of the general common elements.

(3) Except as provided in subsections (4) and (5) of this section, if adopted after January 1, 2018, the following provisions of a condominium’s governing document are void and unenforceable:

(a) A provision that prohibits or restricts the use of the unit owner’s condominium unit or any limited common element designated for exclusive use by the occupants of the unit as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 (Employment Related Day Care subsidy program and other subsidy programs) ; or

(b) If the condominium unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the unit owner’s condominium unit or any limited common element designated for exclusive use by the occupants of the unit as a certified or registered family child care home pursuant to ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) to 329A.450 (Assistance to staff of facility) .

(4) Subsection (3) of this section does not prohibit an association of unit owners from adopting or enforcing a provision of the condominium’s governing document that regulates parking, noise, odors, nuisance, use of common elements or activities that impact the cost of insurance policies held by the condominium, provided the provision:

(a) Is reasonable; and

(b) Does not have the effect of prohibiting or restricting the use of a unit as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 (Employment Related Day Care subsidy program and other subsidy programs) or as a certified or registered family child care home pursuant to ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) to 329A.450 (Assistance to staff of facility) .

(5) Intentionally left blank —Ed.

(a) Subsection (3) of this section does not apply to condominiums that provide housing for older persons.

(b) As used in this subsection, “housing for older persons” has the meaning given that term in ORS 659A.421 (Discrimination in selling, renting or leasing real property prohibited) .

(6) A provision in a condominium’s governing document that restricts or prohibits the installation or use of a portable cooling device, as defined in ORS 90.355 (Portable cooling device allowed) (1), is void and unenforceable, unless:

(a) The installation or use of the device would:

(A) Violate building codes or state or federal law;

(B) Violate the device manufacture’s written safety guidelines for the device;

(C) Interfere with the common elements of the condominium; or

(D) Require amperage to power the device that cannot be accommodated by the power service to the building, unit or circuit;

(b) The device would be installed in a window and:

(A) The window is a necessary egress from the unit;

(B) The device would interfere with the unit owner’s ability to lock a window that is accessible from outside;

(C) Requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

(D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

(E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

(c) The restrictions are only to require that the device be:

(A) Installed by building maintenance or a licensed contractor; or

(B) Removed from October 1 through April 30. [2017 c.423 §3; 2017 c.423 §3b; 2022 c.86 §4]

Note: Section 6 (3), chapter 86, Oregon Laws 2022, provides:

Sec. 6. (3) The amendments to ORS 100.023 (Void and unenforceable provisions of condominium governing document) by section 4 of this 2022 Act apply to provisions in a condominium’s governing document adopted before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 §6(3)]

Note: 100.023 (Void and unenforceable provisions of condominium governing document) 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 100.023 — Void and unenforceable provisions of condominium governing document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.485 — OR Code / Title 10 / Chapter 90 / Section 90.485
90.485 Restrictions on landlord removal of vehicle
Status: reserved

(1) A landlord may have a motor vehicle removed from the premises only in compliance with this section and either ORS 98.810 (Unauthorized parking of vehicle on proscribed property prohibited) to 98.818 (Preference of lien) or ORS 98.830 (Towing abandoned vehicle from private property) and 98.840 (Towing vehicle alternative to procedure in ORS 98.810 to 98.818) .

(2) Except as provided in ORS 90.425 (Disposition of personal property abandoned by tenant) regarding abandoned vehicles, a landlord may have a motor vehicle removed from the premises without notice to the owner or operator of the vehicle only if the vehicle:

(a) Blocks or prevents access by emergency vehicles;

(b) Blocks or prevents entry to the premises;

(c) Violates a prominently posted parking prohibition;

(d) Blocks or is unlawfully parked in a space reserved for persons with disabilities;

(e) Is parked in an area not intended for motor vehicles including, but not limited to, sidewalks, lawns and landscaping;

(f) Is parked in a space reserved for tenants but is not assigned to a tenant and does not display a parking tag or other device, as provided by subsection (3) of this section; or

(g) Is parked in a specific space assigned to a tenant, as provided by subsection (4) of this section.

(3) A landlord may have a motor vehicle removed from the premises under subsection (2)(f) of this section only if the landlord:

(a) Provides parking tags or other devices that identify vehicles that are authorized to be parked on the premises;

(b) Provides a tenant with parking tags or other devices to be used on a vehicle other than the tenant’s primary vehicle if the tenant wants to park a vehicle on the premises in lieu of the tenant’s primary vehicle; and

(c) Enters into written agreements with the owners or operators of vehicles authorized to park on the premises that:

(A) Authorize the landlord to have a vehicle removed from the premises without notice for failing to display the parking tag, sticker or other device;

(B) Unless the information is disclosed on prominent signs posted on the premises, disclose to the owners or operators of authorized vehicles the name, address and contact information of the tow company that is authorized to remove vehicles from the premises; and

(C) Specify whether guest parking is allowed and, if guest parking is allowed, describe methods for identifying guest parking spaces or identifying authorized guest vehicles.

(4) If a landlord assigns a specific parking space to a tenant, the landlord may have a vehicle towed under subsection (2)(g) of this section from the assigned parking space only with the agreement of the tenant at the time of the tow. The landlord may not require the tenant to agree to towing.

(5) If guest parking is allowed, the landlord shall post a sign in each designated guest parking space that is clearly readable by an operator of motor vehicle and that specifies any rules, restrictions or limitations on parking in the designated guest parking space.

(6) A landlord may have a motor vehicle that is inoperable, but otherwise parked in compliance with an agreement between the landlord and the owner or operator of the vehicle, removed from the premises if the landlord affixes a prominent notice to the vehicle stating that the vehicle will be towed if the vehicle is not removed or otherwise brought into compliance with the agreement. The landlord must affix the notice required by this subsection at least 72 hours before the vehicle may be removed.

(7) A landlord may not have a motor vehicle removed under this section because the vehicle’s registration has expired or is otherwise invalid.

(8) This section does not:

(a) Apply to a landlord of a facility.

(b) Affect the obligations imposed on a landlord under ORS 98.810 (Unauthorized parking of vehicle on proscribed property prohibited) to 98.818 (Preference of lien) or under ORS 98.830 (Towing abandoned vehicle from private property) and 98.840 (Towing vehicle alternative to procedure in ORS 98.810 to 98.818) . [2007 c.565 §2; 2009 c.622 §4; 2017 c.480 §18]

Source: Section 90.485 — Restrictions on landlord removal of vehicle; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.427 — OR Code / Title 10 / Chapter 90 / Section 90.427
90.427 Termination of tenancy without tenant cause
Status: in_force

(1) As used in this section:

(a) “First year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less.

(b) “Immediate family” means:

(A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310 (Definitions for ORS 106.300 to 106.340) , or as defined or described in similar law in another jurisdiction;

(B) An unmarried parent of a joint child;

(C) A child, grandchild, foster child, ward or guardian; or

(D) A child, grandchild, foster child, ward or guardian of any person listed in subparagraph (A) or (B) of this paragraph.

(2) If a tenancy is a week-to-week tenancy, the landlord or the tenant may terminate the tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.

(3) If a tenancy is a month-to-month tenancy:

(a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(c) Except as provided in subsection (8) of this section, at any time after the first year of occupancy, the landlord may terminate the tenancy only:

(A) For a tenant cause and with notice in writing as specified in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause) , 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant who commits criminal act of physical violence) ; or

(B) For a qualifying landlord reason for termination and with notice in writing as described in subsections (5) and (6) of this section.

(4) If the tenancy is a fixed term tenancy:

(a) The landlord may terminate the tenancy during the fixed term only for cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause) , 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant who commits criminal act of physical violence) .

(b) If the specified ending date for the fixed term falls within the first year of occupancy, the landlord may terminate the tenancy without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.

(c) Except as provided by subsection (8) of this section, if the specified ending date for the fixed term falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless:

(A) The landlord and tenant agree to a new fixed term tenancy;

(B) The tenant gives notice in writing not less than 30 days prior to the specified ending date for the fixed term or the date designated in the notice for the termination of the tenancy, whichever is later; or

(C) The landlord has a qualifying reason for termination and gives notice as specified in subsections (5) to (7) of this section.

(5) The landlord may terminate a month-to-month tenancy under subsection (3)(c)(B) of this section at any time, or may terminate a fixed term tenancy upon the expiration of the fixed term under subsection (4)(c) of this section, by giving the tenant notice in writing not less than 90 days prior to the date designated in the notice for the termination of the month-to-month tenancy or the specified ending date for the fixed term, whichever is later, if:

(a) The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time;

(b) The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and:

(A) The premises is unsafe or unfit for occupancy; or

(B) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations;

(c) The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or

(d) The landlord has:

(A) Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and

(B) Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

(6) Intentionally left blank —Ed.

(a) A landlord that terminates a tenancy under subsection (5) of this section shall:

(A) Specify in the termination notice the reason for the termination and supporting facts;

(B) State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and

(C) At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.

(b) The requirements of paragraph (a)(C) of this subsection do not apply to a landlord who has an ownership interest in four or fewer residential dwelling units subject to this chapter.

(7) A fixed term tenancy does not become a month-to-month tenancy upon the expiration of the fixed term if the landlord gives the tenant notice in writing not less than 90 days prior to the specified ending date for the fixed term or 90 days prior to the date designated in the notice for the termination of the tenancy, whichever is later, and:

(a) The tenant has committed three or more violations of the rental agreement within the preceding 12-month period and the landlord has given the tenant a written warning notice at the time of each violation;

(b) Each written warning notice:

(A) Specifies the violation;

(B) States that the landlord may choose to terminate the tenancy at the end of the fixed term if there are three violations within a 12-month period preceding the end of the fixed term; and

(C) States that correcting the third or subsequent violation is not a defense to termination under this subsection; and

(c) The 90-day notice of termination:

(A) States that the rental agreement will terminate upon the specified ending date for the fixed term or upon a designated date not less than 90 days after delivery of the notice, whichever is later;

(B) Specifies the reason for the termination and supporting facts; and

(C) Is delivered to the tenant concurrent with or after the third or subsequent written warning notice.

(8) If the tenancy is for occupancy in a dwelling unit that is located in the same building or on the same property as the landlord’s primary residence, and the building or the property contains not more than two dwelling units, the landlord may terminate the tenancy at any time after the first year of occupancy:

(a) For a month-to-month tenancy:

(A) For cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause) , 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant who commits criminal act of physical violence) ;

(B) Without cause by giving the tenant notice in writing not less than 60 days prior to the date designated in the notice for the termination of the tenancy; or

(C) Without cause by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy if:

(i) The dwelling unit is purchased separately from any other dwelling unit;

(ii) The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and

(iii) The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

(b) For a fixed term tenancy:

(A) During the term of the tenancy, only for cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause) , 90.394 (Termination of tenancy for failure to pay rent) , 90.396 (Acts or omissions justifying termination 24 hours after notice) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant who commits criminal act of physical violence) ; or

(B) At any time during the fixed term, without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.

(9) Intentionally left blank —Ed.

(a) If a landlord terminates a tenancy in violation of subsection (3)(c)(B), (4)(c), (5), (6) or (7) of this section:

(A) The landlord shall be liable to the tenant in an amount equal to three months’ rent in addition to actual damages sustained by the tenant as a result of the tenancy termination; and

(B) The tenant has a defense to an action for possession by the landlord.

(b) A tenant is entitled to recovery under paragraph (a) of this subsection if the tenant commences an action asserting the claim within one year after the tenant knew or should have known that the landlord terminated the tenancy in violation of this section.

(10) The tenancy shall terminate on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(11) If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, the landlord may recover from the tenant any actual damages resulting from the tenant holding over, including the value of any rent accruing from the expiration or termination of the rental agreement until the landlord knows or should know that the tenant has relinquished possession to the landlord. If the landlord consents to the tenant’s continued occupancy, ORS 90.220 (Terms and conditions of rental agreement) (7) applies.

(12) Intentionally left blank —Ed.

(a) A notice given to terminate a tenancy under subsection (2), (3)(a) or (b), (8)(a)(B) or (C) or (8)(b) of this section need not state a reason for the termination.

(b) Notwithstanding paragraph (a) of this subsection, a landlord or tenant may include in a notice of termination given under subsection (2), (3)(a) or (b), (8)(a)(B) or (C) or (8)(b) of this section an explanation of the reason for the termination without having to prove the reason. An explanation does not give the person receiving the notice of termination a right to cure the reason if the notice states that:

(A) The notice is given without stated cause;

(B) The recipient of the notice does not have a right to cure the reason for the termination; and

(C) The person giving the notice need not prove the reason for the termination in a court action.

(13) Subsections (2) to (9) of this section do not apply to a month-to-month tenancy subject to ORS 90.429 (Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850) or other tenancy created by a rental agreement subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) . [Formerly 90.900; 1999 c.603 §29; 1999 c.676 §17; 2003 c.378 §15; 2009 c.127 §4; 2009 c.431 §1; 2011 c.42 §14; 2019 c.1 §1; 2019 c.641 §5]

Source: Section 90.427 — Termination of tenancy without tenant cause; effect of termination notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.160 — OR Code / Title 10 / Chapter 92 / Section 92.160
92.160 Notice to Real Estate Commissioner of receipt of subdivision plat
Status: in_force

If the comprehensive plan and land use regulations of a city or county have not been acknowledged under ORS 197.251 (Compliance acknowledgment) , the city engineer, city surveyor or county surveyor shall immediately notify the Real Estate Commissioner in writing of receipt for approval of any subdivision plat pursuant to ORS 92.100 (Approval of plat by city or county surveyor) (1). The notification shall include a general description of the land with the number of lots and total acreage covered by the subdivision plat and the names of the persons submitting the subdivision plat for approval. [1965 c.584 §2; 1983 c.570 §6a; 1989 c.772 §22]

Source: Section 92.160 — Notice to Real Estate Commissioner of receipt of subdivision plat , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 93.280 — OR Code / Title 10 / Chapter 93 / Section 93.280
93.280 Manner of conveyance to create joint property rights
Status: in_force

(1) Any person or persons owning real property which the person or persons have power to convey may convey such property by a conveyance naming the person or persons and another person or persons, or one or more of themselves and another person or other persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

(2) Any two or more persons owning real property which they have power to convey may convey such property by a conveyance naming one, or more than one, of all such persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

(3) Any “person” mentioned in this section may be a married person, and any “persons” so mentioned may be married to each other. [1973 c.209 §§1,2,3]

Source: Section 93.280 — Manner of conveyance to create joint property rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.865 — OR Code / Title 10 / Chapter 97 / Section 97.865
97.865 Application of ORS 97.810 to 97.865 to religious, county and city cemeteries
Status: in_force

(1) A cemetery authority that operates a cemetery for any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination and any county or city may make an irrevocable election to have ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) apply to any cemetery controlled or operated by the cemetery authority, county or city by filing a written statement indicating such action with the Director of the Department of Consumer and Business Services. The statement shall be in the form prescribed by the director and shall contain the information specified by the director.

(2) Intentionally left blank —Ed.

(a) When a cemetery authority, county or city files a statement described in this section with the director, ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) applies to a cemetery controlled or operated by the cemetery authority, county or city beginning on the first day of the fiscal year next following the filing of the statement.

(b) ORS 294.035 (Investment of funds of political subdivisions) does not apply to funds held by a county or city under ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) . [1997 c.167 §4; 2001 c.796 §25; 2007 c.661 §8]

Source: Section 97.865 — Application of ORS 97.810 to 97.865 to religious, county and city cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.483 — OR Code / Title 10 / Chapter 100 / Section 100.483
100.483 Annual budget
Status: in_force

(1) The board of directors at least annually shall adopt a budget for the association of unit owners.

(2) The budget shall include moneys required to be allocated to the reserve account under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) .

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

(4) If the board of directors fails to adopt an annual budget, the last adopted budget shall continue in effect. [Formerly 100.412]

Note: 100.483 (Annual budget) 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 100.483 — Annual budget; distribution of budget summary to owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.175 — OR Code / Title 10 / Chapter 105 / Section 105.175
105.175 Easement to be kept in repair
Status: in_force

(1) The holders of an interest in any easement shall maintain the easement in repair.

(2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement.

(3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement.

(4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply:

(a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors.

(b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement.

(c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 §§2,3,4; 1991 c.49 §2]

Source: Section 105.175 — Easement to be kept in repair; sharing costs; agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.595 — OR Code / Title 10 / Chapter 94 / Section 94.595
94.595 Reserve account for maintaining, repairing and replacing common property
Status: in_force

(1) The declarant, on behalf of a homeowners association, shall:

(a) Conduct an initial reserve study as described in subsection (3) of this section;

(b) Prepare an initial maintenance plan as described in subsection (4) of this section; and

(c) Establish a reserve account as provided in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) A homeowners association shall establish a reserve account to fund major maintenance, repair or replacement of all items of common property which will normally require major maintenance, repair or replacement, in whole or in part, in more than one and less than 30 years, for exterior painting if the common property includes exterior painted surfaces, for other items, whether or not involving common property, if the association has responsibility to maintain the items and for other items required by the declaration or bylaws. The reserve account need not include reserves for those items:

(A) That can reasonably be funded from the general budget or other funds or accounts of the association; or

(B) For which one or more, but less than all, owners are responsible for maintenance and replacement under the provisions of the declaration or bylaws.

(b) The reserve account shall be established in the name of the homeowners association. The association is responsible for administering the account and for making periodic payments into the account.

(c) The reserve portion of the initial assessment determined by the declarant shall be based on:

(A) The reserve study described in subsection (3) of this section; or

(B) Other reliable information.

(d) A reserve account established under this section must be funded by assessments against the individual lots for which the reserves are established.

(e) Unless the declaration provides otherwise, the assessments under this subsection begin accruing for all lots from the date the first lot is conveyed.

(3) Intentionally left blank —Ed.

(a) The board of directors of the association shall annually determine the reserve account requirements by conducting a reserve study or reviewing and updating an existing study using the following information:

(A) The starting balance of the reserve account for the current fiscal year;

(B) The estimated remaining useful life of each item for which reserves are or will be established, as of the date of the study or review;

(C) The estimated cost of maintenance and repair and replacement at the end of the useful life of each item for which reserves are or will be established;

(D) The rate of inflation during the current fiscal year; and

(E) Returns on any invested reserves or investments.

(b) Subject to subsection (8) of this section, after review of the reserve study or reserve study update, the board of directors may, without any action by owners:

(A) Adjust the amount of payments as indicated by the study or update; and

(B) Provide for other reserve items that the board of directors, in its discretion, may deem appropriate.

(c) The reserve study shall:

(A) Identify all items for which reserves are or will be established;

(B) Include the estimated remaining useful life of each item, as of the date of the reserve study; and

(C) Include for each item, as applicable, an estimated cost of maintenance and repair and replacement at the end of the item’s useful life.

(4) Intentionally left blank —Ed.

(a) The board of directors shall prepare a maintenance plan for the maintenance, repair and replacement of all property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) . The maintenance plan shall:

(A) Describe the maintenance, repair and replacement to be conducted;

(B) Include a schedule for the maintenance, repair and replacement;

(C) Be appropriate for the size and complexity of the maintenance, repair and replacement responsibility of the association; and

(D) Address issues that include but are not limited to warranties and the useful life of the items for which the association has maintenance, repair and replacement responsibility.

(b) The board of directors shall review and update the maintenance plan described under this subsection as necessary.

(5) Intentionally left blank —Ed.

(a) If the declaration or bylaws require a reserve account, the reserve study requirements of subsection (3) of this section and the maintenance plan requirements of subsection (4) of this section first apply to the association of a subdivision that meets the definition of a planned community under ORS 94.550 (Definitions for ORS 94.550 to 94.783) and is recorded prior to October 23, 1999, when:

(A) The board of directors adopts a resolution in compliance with the bylaws that applies the requirements of subsections (3) and (4) of this section to the association; or

(B) A petition signed by a majority of owners is submitted to the board of directors mandating that the requirements of subsections (3) and (4) of this section apply to the association.

(b) A reserve study and maintenance plan shall be completed within one year of adoption of the resolution or submission of the petition to the board of directors.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the reserve account may be used only for the purposes for which reserves have been established and is to be kept separate from other funds.

(b) After the individual lot owners have assumed responsibility for administration of the planned community under ORS 94.616 (Turnover meeting) , if the board of directors has adopted a resolution, which may be an annual continuing resolution, authorizing the borrowing of funds:

(A) The board of directors may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet unexpected increases in expenses.

(B) Not later than the adoption of the budget for the following year, the board of directors shall adopt by resolution a written payment plan providing for repayment of the borrowed funds within a reasonable period.

(7) The reserve account is subject to the requirements and restrictions of ORS 94.670 (Association duty to keep documents and records) and any additional restrictions or requirements imposed by the declaration, bylaws or rules of the homeowners association.

(8) Intentionally left blank —Ed.

(a) Except as provided under paragraph (b) of this subsection, unless the board of directors under subsection (3) of this section determines that the reserve account will be adequately funded for the following year, the board of directors or the owners may not vote to eliminate funding a reserve account required under this section or under the declaration or bylaws.

(b) Following the turnover meeting described in ORS 94.609 (Notice of meeting to turn over administrative responsibility) , on an annual basis, the board of directors, with the approval of all owners, may elect not to fund the reserve account for the following year.

(9) Assessments paid into the reserve account are the property of the association and are not refundable to sellers or owners of lots. [1981 c.782 §15; 1999 c.677 §7; 2001 c.756 §10; 2003 c.569 §8; 2005 c.543 §1; 2007 c.409 §7; 2009 c.641 §4; 2017 c.111 §1]

(Declarant Control; Turnover of Administrative Control)

Source: Section 94.595 — Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).