ORS § 98.302 — OR Code / Title 10 / Chapter 98 / Section 98.302
98.302 Definitions for ORS 98.302 to 98.436
Status: in_force

As used in ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) , unless the context otherwise requires:

(1) “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued or owing by the holder.

(2) “Business association” means a nonpublic corporation, joint stock company, business trust, partnership, investment company or an association for business purposes of two or more individuals, whether or not for profit, including a financial institution, insurance company or utility.

(3) “Domicile” means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person.

(4) “Financial institution” means a financial institution or a trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , a safe deposit company, a private banker, a savings and loan association, a building and loan association or an investment company.

(5) “Holder” means a person, wherever organized or domiciled, who is in possession of property belonging to another, a trustee or indebted to another on an obligation.

(6) “Insurance company” means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, that is engaged in providing insurance coverage, including accident, burial, casualty, workers’ compensation, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety and wage protection insurance.

(7) “Intangible property” includes:

(a) Credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets and unidentified remittances;

(b) Stocks and other intangible ownership interests in business associations;

(c) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(d) Amounts due and payable under the terms of insurance policies;

(e) Amounts distributed from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits; and

(f) Moneys, checks, drafts, deposits, interest, dividends and income.

(8) “Last-known address” means a description of the location of the apparent owner sufficient for the purpose of delivery of mail.

(9) “Lawful deduction” means a deduction related to the purpose of an account or deposit, for example, to satisfy unpaid utility bills.

(10) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in case of other intangible property, or a person, or the person’s legal representative, having a legal or equitable interest in property.

(11) “Person” means an individual, business association, state or other government or political subdivision or agency, public corporation, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity.

(12) “Service charge” means fees or charges that are limited to a specific situation and that meet basic contractual and notice requirements.

(13) “State” means any state, district, commonwealth, territory, insular possession or any other area subject to the legislative authority of the United States.

(14) “Utility” means a person who owns or operates for public use, any plant, equipment, property, franchise or license for the transmission of communications or the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas. [1957 c.670 §3; 1983 c.716 §1; 1993 c.694 §40; 1997 c.416 §1; 1997 c.631 §396; 2003 c.272 §1; 2009 c.294 §14; 2019 c.678 §7]

Source: Section 98.302 — Definitions for ORS 98.302 to 98.436 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.720 — OR Code / Title 10 / Chapter 97 / Section 97.720
97.720 Record of interments, cremations and reductions
Status: in_force

(1) The person in charge of any premises on which interments, cremations or reductions are made shall keep a record of all remains interred or cremated or reduced on the premises under the person’s charge, in each case stating the name of each deceased person, the date of interment, cremation or reduction, and the name and address of the funeral service practitioner. The interment records shall be open to inspection by survivors of the decedent during the customary office hours of the cemetery authority.

(2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. [Amended by 2021 c.296 §17]

Source: Section 97.720 — Record of interments, cremations and reductions; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.520 — OR Code / Title 10 / Chapter 97 / Section 97.520
97.520 Sale or offer to sell cemetery plot upon promise of resale at financial profit
Status: in_force

A person, firm or corporation may not sell or offer to sell a cemetery plot upon the promise, representation or inducement of resale at a financial profit, except with the consent and approval of the Director of the Department of Consumer and Business Services. Each violation of this section constitutes a separate offense. [Amended by 1989 c.171 §13; 2007 c.661 §4]

Source: Section 97.520 — Sale or offer to sell cemetery plot upon promise of resale at financial profit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.655 — OR Code / Title 10 / Chapter 90 / Section 90.655
90.655 Park closure notice to nontenants
Status: in_force

(1) A landlord that gives a notice of termination under ORS 90.645 (Closure of park) shall, at the same time, send one copy of the notice to the Housing and Community Services Department by first class mail. The landlord shall, at the same time, send a copy of the notice, both by first class mail and by certified mail with return receipt requested, for each affected manufactured dwelling, to any person:

(a) That is not a tenant; and

(b) Intentionally left blank —Ed.

(A) That the landlord actually knows to be an owner of the manufactured dwelling; or

(B) That has a lien recorded in the title or ownership document records for the manufactured dwelling.

(2) A landlord that terminates rental agreements for manufactured dwelling park spaces under ORS 90.645 (Closure of park) shall, no later than 60 days after the manufactured dwelling park or portion of the park closes, report to the department:

(a) The number of dwelling unit owners who moved their dwelling units out of the park; and

(b) The number of dwelling unit owners who abandoned their dwelling units at the park. [2007 c.906 §3; 2019 c.625 §62]

Source: Section 90.655 — Park closure notice to nontenants; report of tenant reactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.485 — OR Code / Title 10 / Chapter 100 / Section 100.485
100.485 Duration and termination of initial management agreements and service and employment contracts
Status: in_force

(1) Except as provided in subsection (2) of this section, if entered into prior to the turnover meeting of the condominium, no management agreement, service contract or employment contract that is directly made by or on behalf of the association, the board of directors or the unit owners as a group shall be in excess of three years.

(2) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, the limitations under subsection (1) of this section do not apply to:

(A) Performance-based energy or water efficiency contracts; or

(B) Contracts relating to renewable energy facilities or output serving the condominium, including facilities leased to the association.

(b) A contract described in paragraph (a) of this subsection:

(A) May not have an initial term of more than 20 years; and

(B) Must be recorded with the recording officer in each county in which the condominium is located.

(c) As used in this subsection, “renewable energy facilities” means facilities generating electricity, heat or cooling by means of:

(A) Solar, wind, ocean, hydropower, biomass or geothermal resources; or

(B) Biofuels or hydrogen derived from renewable resources.

(3) Any contract or agreement that is subject to subsection (1) of this section entered into after January 1, 1982, may be terminated without penalty by the association or the board of directors upon not less than 30 days’ written notice to the other party given not later than 60 days after the turnover meeting.

(4) The provisions of the Condominium and Cooperative Abuse Relief Act of 1980 (15 U.S.C. 3601 to 3616), except for 15 U.S.C. 3609 and 3610, shall not apply in the State of Oregon. [Formerly 94.221; 2005 c.22 §77; 2009 c.641 §30]

Source: Section 100.485 — Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.210 — OR Code / Title 10 / Chapter 105 / Section 105.210
105.210 When and how partition prevented
Status: in_force

(1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner’s interest. A discharged owner shall have no further interest in or claim upon the property.

(2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 §1]

Source: Section 105.210 — When and how partition prevented , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.682 — OR Code / Title 10 / Chapter 105 / Section 105.682
105.682 Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products
Status: in_force

(1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688 (Applicability of immunities from liability for owner of land) , an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products when the owner of land either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products. The limitation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes, gardening, woodcutting or the harvest of special forest products, and is not affected if the injury, death or damage occurs while the person entering land is engaging in activities other than the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

(2) This section does not limit the liability of an owner of land for intentional injury or damage to a person coming onto land for recreational purposes, gardening, woodcutting or the harvest of special forest products. [1995 c.456 §3; 2009 c.532 §4]

Source: Section 105.682 — Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.962 — OR Code / Title 10 / Chapter 94 / Section 94.962
94.962 Exemptions from registration
Status: in_force

The following transactions are exempt from registration:

(1) An offer, sale or transfer by any one person of not more than one membership camping contract for any membership camping operator in any 12-month period, unless the person receives a commission or similar payment for the sale or transfer.

(2) An offer or sale by a government, government agency or other subdivision of a government.

(3) Granting a security interest in a membership camping contract.

(4) An offer, sale or transfer by a membership camping operator of a membership camping contract previously registered by the operator if the offer, sale or transfer constitutes a resale to another owner. [1985 c.639 §4]

Source: Section 94.962 — Exemptions from registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.095 — OR Code / Title 10 / Chapter 92 / Section 92.095
92.095 Payment of taxes, interest or penalties before subdivision or partition plat recorded
Status: in_force

(1) A subdivision or partition plat may not be recorded unless all ad valorem taxes have been paid, including additional taxes, interest and penalties imposed on land disqualified for any special assessment and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the land or that will become a lien during the tax year.

(2) After July 1, and before the certification under ORS 311.105 (Certificate of taxes levied or imposed) of any year, the subdivider or partitioner shall:

(a) If the exact amount of taxes, penalties, special assessments, fees and charges can be computed by the assessor, pay the amount to the tax collector. The assessor is authorized to levy and the tax collector is authorized to collect the amount.

(b) If the assessor is unable to compute the amount at the time, either:

(A) Pay the amount estimated by the assessor to be needed to pay the taxes, penalties, special assessments, fees and other charges to become due; or

(B) Deposit with the tax collector a bond or irrevocable letter of credit with a good and sufficient undertaking in an amount the assessor considers adequate to ensure payment of the taxes to become due. The bond or irrevocable letter of credit amount may not exceed twice the amount of the previous year’s taxes, special assessments, fees and other charges upon the land.

(3) Taxes paid or for which security is given under subsection (2)(a) or (b) of this section are entitled to the discount provided by ORS 311.505 (Due dates) .

(4) ORS 311.370 (Receipts for taxes collected in advance of extension on the tax roll) applies to all taxes levied and collected under subsection (2) of this section, except that any deficiency constitutes a personal debt against the person subdividing or partitioning the land and not a lien against the land and must be collected as provided by law for the collection of personal property taxes.

(5) If a subdivision or partition plat is recorded, any additional taxes, interest or penalties imposed upon land disqualified for any special assessment become a lien upon the land on the day before the plat was recorded. [1965 c.393 §2; 1973 c.696 §17; 1979 c.350 §3; 1981 c.804 §69; 1983 c.462 §1; 1989 c.772 §14; 1991 c.331 §23; 1991 c.459 §336; 1993 c.19 §1; 2005 c.399 §11]

Source: Section 92.095 — Payment of taxes, interest or penalties before subdivision or partition plat recorded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.320 — OR Code / Title 10 / Chapter 100 / Section 100.320
100.320 Authority of city or county to require developer to pay tenant moving expenses
Status: in_force

A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. [Formerly 94.134]

ASSOCIATION OF UNIT OWNERS; MANAGEMENT OF PROPERTY; ENCUMBRANCES; CONVEYANCES

Source: Section 100.320 — Authority of city or county to require developer to pay tenant moving expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.990 — OR Code / Title 10 / Chapter 97 / Section 97.990
97.990 Penalties
Status: in_force

(1) Violation of ORS 97.160 (Duty of hospital or sanitarium to notify before sending remains to undertaker) is a Class A misdemeanor.

(2) Every officer, agent or employee of this state or of any county, city or any other municipal subdivision thereof who willfully neglects to notify the State Mortuary and Cemetery Board of the existence of a body as required by ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) or who refuses to deliver possession of such body according to the provisions of ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) or who mutilates or permits any such body to be mutilated so that it is not valuable for anatomical purposes or who refuses or neglects to perform any of the duties enjoined upon the officer, agent or employee by ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) , commits a Class A misdemeanor.

(3) Violation of ORS 97.520 (Sale or offer to sell cemetery plot upon promise of resale at financial profit) , 97.530 (Commission, bonus or rebate for sale of plot or services) or 97.540 (Commission, bonus or rebate for recommendation of cemetery) is a Class A misdemeanor.

(4) Any person, association or corporation who operates a cemetery, mausoleum or columbarium contrary to the provisions of ORS 97.020 (Exemption of certain organizations and cemeteries from certain sections of chapter) to 97.040 (Private family burial grounds) , 97.110 (Human remains not to be attached) to 97.130 (Right to control disposition of remains) , 97.145 (Liability for failure to conform to written instrument directing control of remains) , 97.150 (Disposition of cremated remains) , 97.220 (Disinterment) , 97.310 (Survey and subdivision of land) to 97.360 (Resurvey and alteration in shape or size) (1), 97.440 (Removal of dedication) , 97.510 (Sale and conveyance of plots by cemetery authority) to 97.560 (Presumption of sole ownership in grantee of plot) , 97.710 (Power of cemetery authority to make rules and regulations) , 97.720 (Record of interments, cremations and reductions) , 97.810 (Endowment care and nonendowed care cemeteries) , 97.820 (Placing cemetery under endowed care) , 97.830 (Investment and reinvestment of principal of endowed care funds) and 97.840 (Cemetery authority authorized to receive and hold gifts of property) to 97.846 (Agreements for care) commits a Class B misdemeanor.

(5) Intentionally left blank —Ed.

(a) Violation of ORS 97.745 (Prohibited acts) is a Class C felony.

(b) In addition to any other sentence provided by law for criminal violations of ORS 97.745 (Prohibited acts) , the judge shall impose a penalty not to exceed $10,000 on any person convicted of a criminal violation of ORS 97.745 (Prohibited acts) .

(6) In addition to the penalty of subsection (5) of this section, any native Indian artifacts or human remains taken by, or in possession of, any person sentenced under subsection (5) of this section and all equipment used in the violation may be ordered forfeited by the court in which conviction occurs, and may be disposed of as the court directs. [Subsections (5) to (7) enacted as 1977 c.183 §12; subsection (8) enacted as 1977 c.647 §4; 1979 c.420 §3; 1983 c.526 §6; 1985 c.198 §5; subsections (5) to (7) renumbered 127.990 in 1991; subsection (5)(b) of 1995 Edition enacted as 1995 c.543 §3; 2011 c.597 §156; 2015 c.651 §5]

Source: Section 97.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.823 — OR Code / Title 10 / Chapter 97 / Section 97.823
97.823 Prohibitions related to endowment care cemeteries
Status: in_force

A person may not, in connection with operating an endowment care cemetery:

(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 light of the circumstances under which the statements are made, not misleading;

(3) Engage in an 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, a statement, report or document that is known to be false in any material respect or matter. [2019 c.8 §5]

Note: 97.823 (Prohibitions related to endowment care cemeteries) was added to and made a part of 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.823 — Prohibitions related to endowment care cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.730 — OR Code / Title 10 / Chapter 90 / Section 90.730
90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
Status: in_force

(1) As used in this section, “facility common areas” means all areas under control of the landlord and held out for the general use of tenants.

(2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition. The landlord does not have a duty to maintain a dwelling or home. A landlord’s habitability duty under this section includes only the matters described in subsections (3) to (6) of this section.

(3) For purposes of this section, a rented space is considered unhabitable if it substantially lacks:

(a) A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord;

(b) If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order;

(c) A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord;

(d) An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order and of sufficient amperage to meet reasonable year-round needs for electrical heating and cooling uses, to the extent that the electrical supply system can be controlled by the landlord;

(e) A natural gas or propane gas supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the gas supply system can be controlled by the landlord, if the utility service is provided within the facility pursuant to the rental agreement;

(f) At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(g) Excluding the normal settling of land, a surface or ground capable of supporting a manufactured dwelling approved under applicable law at the time of installation and maintained to support a dwelling in a safe manner so that it is suitable for occupancy. A landlord’s duty to maintain the surface or ground arises when the landlord knows or should know of a condition regarding the surface or ground that makes the dwelling unsafe to occupy; and

(h) Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation.

(4) A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727 (Maintenance of trees in rented spaces) .

(5) A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury.

(6) A facility common area is considered unhabitable if it substantially lacks:

(a) Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(b) Safety from the hazards of fire;

(c) Trees, shrubbery and grass maintained in a safe manner;

(d) If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord; and

(e) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal.

(7) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord to other tenants on the premises; and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated. [1999 c.676 §6; 2007 c.906 §40; 2011 c.503 §10; 2013 c.443 §2; 2015 c.217 §7; 2022 c.86 §12]

Note: Section 13, chapter 86, Oregon Laws 2022, provides:

Sec. 13. The amendments to ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) by section 12 of this 2022 Act apply only to spaces in which, on or after the effective date of this 2022 Act [March 23, 2022]:

(1) A new manufactured dwelling or floating home is connected to the electrical supply; or

(2) The electrical supply or electrical supply connection is replaced. [2022 c.86 §13]

Source: Section 90.730 — Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.510 — OR Code / Title 10 / Chapter 100 / Section 100.510
100.510 Units and common elements distinguished
Status: in_force

Unless otherwise provided in the declaration:

(1) The walls, floors and ceilings are the boundaries of a unit.

(2) All lath, furring, wallboard, plaster-board, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit except those portions of the walls, floors or ceilings that materially contribute to the structural or shear capacity of the condominium. All other portions of the walls, floors or ceilings are a part of the common elements.

(3) The following are a part of the unit:

(a) All spaces, nonbearing interior partitions, interior doors and all other fixtures and improvements within the boundaries of the unit;

(b) The glazing and screening of windows and unit access doors; and

(c) All outlets of utility service lines, including but not limited to power, light, gas, hot and cold water, heating, refrigeration, air conditioning and waste disposal within the boundaries of the unit. [Formerly 94.237; 1999 c.677 §52; 2007 c.410 §14; 2009 c.641 §31]

Source: Section 100.510 — Units and common elements distinguished , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.395 — OR Code / Title 10 / Chapter 92 / Section 92.395
92.395 Waiver of examination in this state
Status: in_force

With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 (Notice of intention) or the reply to the Real Estate Commissioner’s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably certain not to involve any misrepresentation, deceit or fraud, the commissioner shall waive all of the provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) , except ORS 92.475 (False or misleading advertising prohibited) to 92.495 (Cease and desist order) and 92.990 (Penalties) (2), which the commissioner considers unnecessary for the protection of the public from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner within 15 days of receipt of the preliminary notice of intention of the approval or disapproval of any waiver. However, the commissioner may, for good and sufficient cause, revoke any waiver at any time upon 10 days’ notice and a hearing held for such purpose. [1974 c.1 §9; 1983 c.570 §16]

Source: Section 92.395 — Waiver of examination in this state; notice to subdivider or series partitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.414 — OR Code / Title 10 / Chapter 90 / Section 90.414
90.414 Acts not constituting waiver of termination of tenancy
Status: in_force

(1) If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy:

(a) Except when the notice is a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent) , the acceptance of rent if:

(A) The rent is prorated to the termination date specified in the notice; or

(B) The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.

(b) Except if the termination is for cause under ORS 90.392 (Termination of tenancy for cause) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) , the acceptance of rent for a rental period that extends beyond the termination date in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice.

(c) If the termination is for cause under ORS 90.392 (Termination of tenancy for cause) , 90.398 (Termination of tenancy for drug or alcohol violations) , 90.405 (Effect of tenant keeping unpermitted pet) , 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) and proceedings have commenced under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) to recover possession of the premises based on the termination:

(A) The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:

(i) The landlord notifies the tenant in writing in, or after the service of, the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and

(ii) The rent does not cover a period that extends beyond the date the rent payment is accepted.

(B) Service of a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent) .

(2) The following do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:

(a) The acceptance of a last month’s rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.

(b) The acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (Tenant counterclaims in action by landlord for possession or rent) (1).

(c) The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance. [2007 c.906 §28; 2023 c.296 §7]

Source: Section 90.414 — Acts not constituting waiver of termination of tenancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.040 — OR Code / Title 10 / Chapter 97 / Section 97.040
97.040 Private family burial grounds
Status: in_force

Except for ORS 97.730 (Gifts and bequests in trust for cemeteries) , 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) and 97.990 (Penalties) do not apply to private family burial grounds where lots are not offered for sale.

Source: Section 97.040 — Private family burial grounds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.396 — OR Code / Title 10 / Chapter 90 / Section 90.396
90.396 Acts or omissions justifying termination 24 hours after notice
Status: in_force

(1) Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , if:

(a) The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant;

(b) The tenant or someone in the tenant’s control recklessly endangers a person on the premises other than the tenant by creating a serious risk of substantial personal injury;

(c) The tenant, someone in the tenant’s control or the tenant’s pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises;

(d) The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises or the tenant’s pet inflicts substantial damage to the premises on more than one occasion;

(e) Intentionally left blank —Ed.

(A) The tenant intentionally provided substantial false information on the application for the tenancy within the past year;

(B) The false information was with regard to a criminal conviction of the tenant that would have been material to the landlord’s acceptance of the application; and

(C) The landlord terminates the rental agreement within 30 days after discovering the falsity of the information; or

(f) The tenant, someone in the tenant’s control or the tenant’s pet commits any act that is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. An act that is outrageous in the extreme is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392 (Termination of tenancy for cause) . Acts that are “outrageous in the extreme” include, but are not limited to, the following acts by a person:

(A) Prostitution, commercial sexual solicitation or promoting prostitution, as described in ORS 167.007 (Prostitution) , 167.008 (Commercial sexual solicitation) and 167.012 (Promoting prostitution) ;

(B) Unlawful manufacture, delivery or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) ;

(C) Manufacture of a cannabinoid extract, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) , unless the person manufacturing the cannabinoid extract holds a license issued under ORS 475C.085 (Processor license) or is registered under ORS 475C.815 (Marijuana processing site registration system) ;

(D) A bias crime, as described in ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree) ; or

(E) Burglary as described in ORS 164.215 (Burglary in the second degree) and 164.225 (Burglary in the first degree) .

(2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours’ written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . The tenant does not have a right to cure this subsequent violation.

(3) For purposes of subsection (1) of this section, someone is in the tenant’s control if that person enters or remains on the premises with the tenant’s permission or consent after the tenant reasonably knows or should know of that person’s act or likelihood to commit any act of the type described in subsection (1) of this section.

(4) An act can be proven to be outrageous in the extreme even if the act is one that does not violate a criminal statute. Notwithstanding the references to criminal statutes in subsection (1)(f) of this section, the landlord’s burden of proof in an action for possession under subsection (1) of this section is the civil standard of proof by a preponderance of the evidence.

(5) If a good faith effort by a landlord to terminate the tenancy under subsection (1)(f) of this section and to recover possession of the rental unit under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) fails by decision of the court, the landlord may not be found in violation of any state statute or local ordinance requiring the landlord to remove that tenant upon threat of fine, abatement or forfeiture as long as the landlord continues to make a good faith effort to terminate the tenancy. [2005 c.391 §9; 2007 c.71 §23; 2011 c.151 §5; 2015 c.98 §3; 2016 c.24 §54; 2017 c.21 §33; 2019 c.553 §11]

Source: Section 90.396 — Acts or omissions justifying termination 24 hours after notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.210 — OR Code / Title 10 / Chapter 98 / Section 98.210
98.210 Payment to person proving ownership
Status: in_force

If the owner of the property sold, or the legal representative of the owner, furnishes satisfactory evidence to the treasurer of ownership of the property deposited in the county treasury pursuant to ORS 98.190 (Disposal of proceeds by justice) , the owner shall be entitled to receive from the treasurer the amount deposited with the treasurer. [Amended by 1957 c.670 §30]

Source: Section 98.210 — Payment to person proving ownership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.490 — OR Code / Title 10 / Chapter 98 / Section 98.490
98.490 Effect of written agreement between molder and customer
Status: in_force

ORS 98.470 (Definitions for ORS 98.470 to 98.490) to 98.490 (Effect of written agreement between molder and customer) apply except as otherwise provided by written agreement between any molder and the molder’s customer. [1981 c.333 §5]

Source: Section 98.490 — Effect of written agreement between molder and customer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.600 — OR Code / Title 10 / Chapter 94 / Section 94.600
94.600 Declarant control of association
Status: reserved

(1) Subject to ORS 94.604 (Transitional advisory committee) to 94.621 (Rights of declarant following turnover meeting) , a declaration may reserve special declarant rights including, without limitation, the right to a period of declarant control that may be of limited or unlimited duration. A formal or written proxy or power of attorney is not required from an owner to vest the declarant with such authority.

(2) A declarant may voluntarily relinquish any rights reserved in the declaration under subsection (1) of this section.

(3) Upon the expiration of any period of declarant control reserved in the declaration under subsection (1) of this section, the rights automatically shall pass to the lot owners, including the declarant if the declarant owns a lot in the planned community.

(4) A declarant may not amend a declaration to increase the scope of special declarant rights reserved in the declaration after the sale of the first lot in the planned community unless owners representing 75 percent of the total vote, other than the declarant, agree to the amendment. [1981 c.782 §11; 1999 c.677 §8]

Source: Section 94.600 — Declarant control of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.391 — OR Code / Title 10 / Chapter 90 / Section 90.391
90.391 Information to veterans required in notice
Status: in_force

Except as provided in ORS 408.515 (Information to be included with certain documents related to real property) (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515 (Information to be included with certain documents related to real property) . [2019 c.405 §3]

Note: 90.391 (Information to veterans required in notice) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.391 — Information to veterans required in notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.829 — OR Code / Title 10 / Chapter 94 / Section 94.829
94.829 Sale not allowed before issuance of public report
Status: in_force

(1) No developer or agent of the developer shall sell a timeshare in a timeshare plan before the issuance of a public report for the timeshare plan, unless the public report has been waived under ORS 94.828 (Public report on plan) (3).

(2) A copy of the public report, when issued, shall be given to the prospective purchaser of a timeshare by the developer or agent of the developer prior to the execution of a binding contract or agreement for the sale of the timeshare. The developer or the developer’s agent shall take a receipt from the prospective purchaser upon delivery of a copy of the Real Estate Commissioner’s public report. Each such receipt shall be kept on file by the developer within this state subject to inspection by the commissioner or the commissioner’s authorized representative for a period of three years from the date the receipt is taken.

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

(4) The commissioner may furnish, at cost, copies of a public report for the use of a developer.

(5) The requirements of this section extend to timeshares sold by the developer after repossession.

(6) Remedies and sanctions available for violation of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies) are available for violation of this section, in addition to any other remedies or sanctions provided by law. [1985 c.76 §2]

Source: Section 94.829 — Sale not allowed before issuance of public report; distribution and uses of report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.849 — OR Code / Title 10 / Chapter 90 / Section 90.849
90.849 Notice of conveyance
Status: in_force

(1) In addition to providing notice as required by ORS 90.842 (Notice of sale of facility) , upon sale of a facility under ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) or upon any sale, transfer, exchange or other conveyance of a facility described in ORS 90.848 (Exceptions to facility transfer requirements) , the owner shall give notice of the conveyance to the Housing and Community Services Department stating:

(a) The number of vacant spaces and homes in the facility;

(b) If applicable, the final sale price of the facility;

(c) The date the conveyance became final; and

(d) The name, address and telephone number of the new owner.

(2) Upon receipt of a notice under ORS 90.655 (Park closure notice to nontenants) (1) or 90.842 (Notice of sale of facility) (3) or subsection (1) of this section, the department shall make available on a website any public information contained in the notice and shall deliver the information to any person who has requested copies in a manner prescribed by the department. [2017 c.198 §5; 2019 c.595 §5; 2019 c.625 §30]

Source: Section 90.849 — Notice of conveyance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.720 — OR Code / Title 10 / Chapter 105 / Section 105.720
105.720 Oath and report of commissioners
Status: in_force

Before entering upon the discharge of their duties, the commissioners shall make and file their oath in writing to faithfully and impartially perform their duties as commissioners. After designating the boundary or dividing line by proper marks and monuments they shall file in the court a report of their doings as commissioners, and the report shall be, when approved or confirmed by the court, a part of the trial court file, as defined in ORS 19.005 (Definitions) . [Amended by 1967 c.471 §3]

Source: Section 105.720 — Oath and report of commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.846 — OR Code / Title 10 / Chapter 90 / Section 90.846
90.846 Notices and processes in facility transfer
Status: in_force

(1) During the process described in ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) , the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith.

(2) Except as provided in ORS 90.848 (Exceptions to facility transfer requirements) , before selling a facility to an entity that is not formed by or associated with the tenants, the owner of the facility must give the notice required by ORS 90.842 (Notice of sale of facility) and comply with the requirements of ORS 90.844 (Procedures for purchase of facility by tenants) .

(3) A minor error in providing the notice required by ORS 90.842 (Notice of sale of facility) or in providing the financial information required by ORS 90.844 (Procedures for purchase of facility by tenants) does not prevent the owner from selling the facility to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.

(4) During the process described in ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) , the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.

(5) If the owner does not comply with requirements of this section and ORS 90.842 (Notice of sale of facility) and 90.844 (Procedures for purchase of facility by tenants) , in a substantial way that prevents the tenants from competing to purchase the facility, the tenants may:

(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) ; or

(b) Recover 10 percent of the sale price of the facility.

(6) Upon an award of damages under subsection (5)(b) of this section, the Department of Justice becomes a judgment creditor as to 50 percent of the award and the prevailing party becomes a judgment creditor for the remaining 50 percent of the award. Any recovery of the Department of Justice’s share of the award shall be deposited into the Manufactured Dwelling Parks Account under ORS 456.579 (Manufactured Dwelling Parks Account) , after deducting the Department of Justice’s costs of collection.

(7) Within seven days following a judgment award under subsection (5)(b) of this section, the prevailing party shall provide written notice of the award to the Department of Justice.

(8) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844 (Procedures for purchase of facility by tenants) , the owner may recover actual damages from the tenant.

(9) The Housing and Community Services Department shall prepare and make available information for tenants about purchasing a facility. [2014 c.89 §3; 2019 c.625 §28; 2021 c.292 §3]

Source: Section 90.846 — Notices and processes in facility transfer; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.980 — OR Code / Title 10 / Chapter 105 / Section 105.980
105.980 Xeriscaping
Status: in_force

(1) As used in this section:

(a) “Commercial or industrial property” means property that is not used primarily for residential occupancy or for local government purposes.

(b) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(c) “Xeriscaping” means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other landscape design features that minimize the need of the landscape for supplemental water from irrigation.

(2) Except as provided in subsection (3) of this section, an owner or occupant of a commercial or industrial property may install xeriscaping on landscaped portions of the property that are not otherwise set aside, dedicated or used to comply with a local government ordinance, rule or regulation regarding:

(a) Stormwater management;

(b) The preservation of natural habitat and tree canopy; or

(c) The control of invasive plant species.

(3) Subsection (2) of this section does not prohibit a local government from enforcing any contractual right of the local government with regard to the installation and maintenance of landscaping for a commercial or industrial structure developed in whole or in part with funding provided by the local government. [2011 c.178 §1]

Source: Section 105.980 — Xeriscaping , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.340 — OR Code / Title 10 / Chapter 97 / Section 97.340
97.340 Effect of dedication
Status: in_force

After property is dedicated to cemetery purposes pursuant to ORS 97.310 (Survey and subdivision of land) to 97.330 (When dedication is complete) and 97.360 (Resurvey and alteration in shape or size) (1), neither the dedication nor the title of a plot owner shall be affected by the dissolution of the cemetery authority by nonuser on its part, by alienation of the property, by any encumbrances, by sale under execution or otherwise, except as provided in ORS 97.310 (Survey and subdivision of land) to 97.350 (Dedication to cemetery purposes not invalid) , 97.360 (Resurvey and alteration in shape or size) (2), 97.440 (Removal of dedication) , 97.510 (Sale and conveyance of plots by cemetery authority) to 97.650 (Limitations upon vested right of interment) , 97.710 (Power of cemetery authority to make rules and regulations) , 97.720 (Record of interments, cremations and reductions) and 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) .

Source: Section 97.340 — Effect of dedication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.620 — OR Code / Title 10 / Chapter 93 / Section 93.620
93.620 Time and place of recording
Status: in_force

The county clerk shall certify upon every instrument recorded by the county clerk the time when it was recorded and a reference to where it is recorded. Every instrument is considered recorded at the time it was so certified. [Amended by 1999 c.654 §10]

Source: Section 93.620 — Time and place of recording; certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.365 — OR Code / Title 10 / Chapter 105 / Section 105.365
105.365 Purchase by encumbrancer or party entitled to share
Status: in_force

When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.

Source: Section 105.365 — Purchase by encumbrancer or party entitled to share , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.745 — OR Code / Title 10 / Chapter 100 / Section 100.745
100.745 Escrow documents required of successor to vendor’s interest
Status: in_force

(1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in an installment contract of sale for which an escrow has been established pursuant to ORS 100.720 (Conditions prerequisite to sale) shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions of the contract.

(2) A developer who has sold interests in a condominium under an installment contract of sale shall not dispose of or subsequently encumber the vendor’s interest therein unless the terms of the instrument of disposition or the encumbrance provide the means by which the purchaser or holder of the encumbrance will comply with subsection (1) of this section. [Formerly 94.431]

Source: Section 100.745 — Escrow documents required of successor to vendor’s interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.125 — OR Code / Title 10 / Chapter 90 / Section 90.125
90.125 Administration of remedies
Status: in_force

(1) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

(2) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. [Formerly 91.725]

Source: Section 90.125 — Administration of remedies; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.865 — OR Code / Title 10 / Chapter 93 / Section 93.865
93.865 Quitclaim deed form
Status: in_force

(1) Quitclaim deeds may be in the following form:

_____, Grantor, releases and quitclaims to _____, Grantee, all right, title and interest in and to the following described real property: (Describe the property conveyed.)

(Following description of property, here insert statement required under ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration) .)

Dated this _____ day of _____, 2___.

(2) A deed in the form of subsection (1) of this section shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel.

(3) A grantee taking title by way of a quitclaim deed shall not, merely because of receipt of title by or through such a deed, be denied the status of a good faith purchaser for value. [1973 c.194 §4; 1999 c.214 §4]

Source: Section 93.865 — Quitclaim deed form; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.285 — OR Code / Title 10 / Chapter 105 / Section 105.285
105.285 Distribution of proceeds of sale
Status: in_force

The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows:

(1) To pay the property’s just proportion of the general costs of the suit.

(2) To pay the costs of the reference.

(3) To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment.

(4) The residue among the owners of the property sold, according to their respective shares. [Amended by 2003 c.576 §366]

Source: Section 105.285 — Distribution of proceeds of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.475 — OR Code / Title 10 / Chapter 90 / Section 90.475
90.475 Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
Status: in_force

(1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is:

(a) Enlisting for active service in the Armed Forces of the United States;

(b) Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days;

(c) Terminating active service in the Armed Forces of the United States;

(d) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and:

(A) Ordered to active service outside the area for a period that will exceed 90 days; or

(B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods; or

(e) A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for a period that will exceed 90 days.

(2) As used in subsection (1) of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States.

(3) A termination of a rental agreement under this section is effective on the earlier of:

(a) A date determined under the provisions of any applicable federal law; or

(b) The later of:

(A) 30 days after delivery of the notice;

(B) 30 days before the earliest reporting date on orders for active service;

(C) A date specified in the notice; or

(D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section.

(4) Notwithstanding ORS 90.300 (Security deposits) (7)(a)(A) and 90.430 (Claims for possession, rent, damages after termination of rental agreement) , a tenant who terminates a lease under subsection (1) of this section is not:

(a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or

(b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section. [1999 c.276 §2; 2009 c.431 §15; 2011 c.42 §16; 2012 c.106 §1]

Source: Section 90.475 — Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.450 — OR Code / Title 10 / Chapter 105 / Section 105.450
105.450 Termination of receivership
Status: in_force

The receivership authorized pursuant to the terms of ORS 105.420 (Findings) to 105.455 (Short title) shall terminate only by an order of the court after a showing by an interested party or the receiver that:

(1) The abatement has been completed;

(2) The costs and obligations incurred due to the abatement have been paid by an interested party or a lien has been filed pursuant to ORS 105.440 (Report of abatement expenditures) ; and

(3) The interested party will manage the property in conformance with applicable housing codes. [1989 c.649 §9]

Source: Section 105.450 — Termination of receivership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.228 — OR Code / Title 10 / Chapter 90 / Section 90.228
90.228 Notice of location in 100-year flood plain
Status: in_force

(1) As used in this section, “100-year flood plain” means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency.

(2) If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain.

(3) If a landlord fails to provide a notice required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months’ rent. [2009 c.306 §2]

Note: 90.228 (Notice of location in 100-year flood plain) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.228 — Notice of location in 100-year flood plain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.580 — OR Code / Title 10 / Chapter 97 / Section 97.580
97.580 Divestiture of spouse’s right of interment
Status: in_force

No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of the vested right of interment, except that a judgment of divorce between them terminates the right unless otherwise provided in the judgment. [Amended by 2003 c.576 §357]

Source: Section 97.580 — Divestiture of spouse’s right of interment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.060 — OR Code / Title 10 / Chapter 105 / Section 105.060
105.060 Effect of new trial on plaintiff’s possession
Status: in_force

If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS 105.055 (Conclusiveness of judgment) (2), the possession is not thereby affected in any way. If judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution in the same manner as if the defendant were plaintiff.

Source: Section 105.060 — Effect of new trial on plaintiff’s possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.700 — OR Code / Title 10 / Chapter 94 / Section 94.700
94.700 Duration and termination of initial management agreements and service and employment contracts
Status: in_force

(1) Except as provided in subsection (2) of this section, if entered into prior to the meeting called under ORS 94.609 (Notice of meeting to turn over administrative responsibility) , no management agreement, service contract or employment contract which is directly made by or on behalf of the association, the board of directors or the owners as a group shall be in excess of three years.

(2) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, the limitations under subsection (1) of this section do not apply to:

(A) Performance-based energy or water efficiency contracts; or

(B) Contracts relating to renewable energy facilities or output serving the planned community, including facilities leased to the association.

(b) A contract described in paragraph (a) of this subsection:

(A) May not have an initial term of more than 20 years; and

(B) Must be recorded with the recording officer in each county in which the planned community is located.

(c) As used in this subsection, “renewable energy facilities” means facilities generating electricity, heat or cooling by means of:

(A) Solar, wind, ocean, hydropower, biomass or geothermal resources; or

(B) Biofuels or hydrogen derived from renewable resources.

(3) Any contract or agreement subject to subsection (1) of this section and entered into after July 1, 1982, may terminate without penalty to the declarant, the association or the board of directors elected under ORS 94.616 (Turnover meeting) if the board of directors gives not less than 30 days written notice of termination to the other party not later than 60 days after the meeting called under ORS 94.609 (Notice of meeting to turn over administrative responsibility) . [1981 c.782 §69; 2009 c.641 §14]

(Assessments and Liens Against Lots; Easements)

Source: Section 94.700 — Duration and termination of initial management agreements and service and employment contracts; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.965 — OR Code / Title 10 / Chapter 93 / Section 93.965
93.965 URPTDA 11. Revocation by instrument
Status: in_force

(1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

(a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked;

(b) Is recorded before the transferor’s death in the deed records of the county in which the property is located; and

(c) Is one of the following:

(A) A transfer on death deed that revokes the deed, or part of the deed, expressly or by inconsistency;

(B) An instrument of revocation that expressly revokes the deed, or part of the deed; or

(C) An inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed to the extent of the interest in property transferred by the inter vivos deed.

(2) If authority is expressly granted by the transfer on death deed, a designated agent of the transferor may revoke the transfer on death deed as provided in this section.

(3) If a transfer on death deed is made by more than one transferor, revocation by one transferor does not affect the transfer of another transferor’s interest in property by the transfer on death deed.

(4) After a transfer on death deed is recorded, the deed may not be revoked by a revocatory act on the deed.

(5) This section does not limit the effect of an inter vivos transfer of the property. [2011 c.212 §11]

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

Source: Section 93.965 — URPTDA 11. Revocation by instrument; revocation by act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.729 — OR Code / Title 10 / Chapter 90 / Section 90.729
90.729 Temporary movement of floating home
Status: in_force

(1) A landlord may require a tenant in a marina to move the tenant’s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including:

(a) Moving another floating home within the marina;

(b) Repairing an adjacent floating home; or

(c) Dredging, repairing an adjacent dock or otherwise repairing or improving the marina.

(2) Before requiring the tenant to move, the landlord must give written notice to the tenant specifying the reason for the move, describing the parties’ rights and obligations under subsections (4) to (6) of this section, the allowable dates for the move and the maximum duration of the move.

(3) The notice under subsection (2) of this section must be given:

(a) No less than 48 hours before the move if necessary to prevent the risk of serious and imminent harm to persons or property within the marina; or

(b) Thirty days before the move in all other cases.

(4) The landlord must:

(a) Move the floating home to another space in the marina that allows the tenant to continue to occupy the home.

(b) Return the floating home to its original space at the end of the relocation period.

(5) A landlord must pay:

(a) The costs to prepare the floating home for the move;

(b) The costs to move the floating home;

(c) The costs to prepare the floating home for its temporary location in the marina;

(d) If the relocation lasts more than 30 days, unless the floating home cannot be restored to its original space because weather or water conditions are unsafe, actual damages based on a decrease in value or quality of the temporary location;

(e) The costs to return the floating home to its original location in the original space; and

(f) The costs to repair any damage to the floating home or tenant’s personal property caused by the move or to replace the property.

(6) A landlord is required to make any payments due to the tenant under subsection (5) of this section within 30 days from the date the cost is incurred.

(7) If a tenant prohibits the landlord from moving the floating home under this section, a landlord may give notice to terminate the tenancy under ORS 90.630 (Termination by landlord) .

(8) If a landlord fails to comply with a provision of this section, a tenant is entitled to damages of one month’s rent or twice the tenant’s actual damages, whichever is greater. [2019 c.625 §33]

Source: Section 90.729 — Temporary movement of floating home; notice; costs paid by landlord , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.460 — OR Code / Title 10 / Chapter 100 / Section 100.460
100.460 Foreclosure against unit
Status: in_force

In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. The board of directors, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. [Formerly 94.202]

Source: Section 100.460 — Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.324 — OR Code / Title 10 / Chapter 90 / Section 90.324
90.324 Calculation of maximum rent increase
Status: in_force

(1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed by ORS 90.323 (Maximum rent increase) (2) or 90.600 (Increases in rent) (1) for the following calendar year as the lesser of:

(a) Ten percent; or

(b) Seven percent plus the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor.

(2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentage calculated pursuant to subsection (1) of this section, along with the provisions of ORS 90.323 (Maximum rent increase) and 90.600 (Increases in rent) , in a press release.

(3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentage for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year. [2019 c.1 §5; 2023 c.226 §3]

Note: 90.324 (Calculation of maximum rent increase) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.324 — Calculation of maximum rent increase; publication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.566 — OR Code / Title 10 / Chapter 90 / Section 90.566
90.566 Conversion to direct billing for garbage service
Status: in_force

(1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from rent-included billing or pro rata billing to a billing method in which the service provider:

(a) Supplies garbage receptacles;

(b) Collects and disposes of garbage; and

(c) Intentionally left blank —Ed.

(A) Bills the tenant directly; or

(B) Bills the landlord, who then bills the tenant based upon the number and size of the receptacles used by the tenant.

(2) A landlord shall give a tenant not less than 180 days’ written notice before converting a billing method under subsection (1) of this section.

(3) If the cost of garbage service was included in the rent before the conversion of a billing method under subsection (1) of this section, the landlord shall reduce the tenant’s rent upon the first billing of the tenant under the new billing method. The rent reduction may not be less than an amount reasonably comparable to the amount of rent previously allocated for garbage collection and disposal costs averaged over at least the preceding year. Before the conversion occurs, the landlord shall provide the tenant with written documentation from the service provider showing the landlord’s cost for the garbage collection and disposal service provided to the facility during at least the preceding year.

(4) A landlord may not convert a billing method under subsection (1) of this section less than one year after giving notice of a rent increase, unless the rent increase is an automatic increase provided for in a fixed term rental agreement entered into one year or more before the conversion. [Formerly 90.533]

Source: Section 90.566 — Conversion to direct billing for garbage service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.647 — OR Code / Title 10 / Chapter 94 / Section 94.647
94.647 Use of written ballot for approving or rejecting matters subject to meeting of association members
Status: in_force

(1) Unless prohibited or limited by the declaration or bylaws, any action that may be taken at any annual, regular or special meeting of the homeowners association may be taken without a meeting if the association delivers a written ballot to every association member that is entitled to vote on the matter. Action by written ballot may not substitute for the following meetings:

(a) A turnover meeting required under ORS 94.616 (Turnover meeting) .

(b) An annual meeting of an association if more than a majority of the lots are the principal residences of the occupants.

(c) A meeting of the association if the agenda includes a proposal to remove a director from the board of directors.

(d) A special meeting of the association called at the request of owners under ORS 94.650 (Meetings of lot owners) (2).

(2) Intentionally left blank —Ed.

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

(b) The board of directors must provide owners with at least 10 days’ notice before written ballots are mailed or otherwise delivered. If, at least three days before written ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the owners petition the board of directors requesting secrecy procedures, subject to paragraph (d) of this subsection, a written ballot must be accompanied by:

(A) A secrecy envelope;

(B) A return identification envelope to be signed by the owner; and

(C) Instructions for marking and returning the ballot.

(c) The notice required under paragraph (b) of this subsection shall state:

(A) The general subject matter of the vote by written ballot;

(B) The right of owners to request secrecy procedures specified in paragraph (b) of this subsection;

(C) The date after which ballots may be distributed;

(D) The date and time by which any petition requesting secrecy procedures must be received by the board; and

(E) The address where any petition must be delivered.

(d) The requirements of paragraph (b)(A) and (B) of this subsection do not apply to a written ballot of an owner if the consent or approval of that owner is required by the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) .

(3) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows:

(a) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for the return of ballots has passed, a quorum of owners has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; or

(b) If approval of a proposed action otherwise would require a meeting at which a specified percentage of owners must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds the required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and the required percentage has not been met.

(4) All solicitations for votes by written ballot shall state the following:

(a) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet the quorum requirement;

(b) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval; and

(c) The period during which the association will accept written ballots for counting in accordance with subsection (5) of this section.

(5) Intentionally left blank —Ed.

(a) The association shall accept written ballots for counting during the period specified in the solicitation under subsection (4) of this section. Except as provided in paragraph (b) of this subsection, the period shall end on the earliest of the following dates:

(A) If approval of a proposed action by written ballot requires that a certain percentage of the owners approve the proposal, the date on which the association has received a sufficient number of approving ballots;

(B) If approval of a proposed action by written ballot requires that a certain percentage of the owners approve the proposal, the date on which the association has received a sufficient number of disapproving ballots to render approval impossible; or

(C) In all cases, a specified date certain on which all ballots must be returned to be counted.

(b) If the vote is by secrecy procedure under subsection (2)(b) of this section, the period shall end on the date specified in the solicitation or any extension under paragraph (c) of this subsection.

(c) Except as otherwise provided in the declaration or bylaws, in the discretion of the board of directors, if a date certain is specified in the solicitation under subsection (4) of this section, the period may be extended by written notice of the extension given to all owners before the end of the specified date certain.

(6) Except as otherwise provided in the declaration or bylaws, unless the vote is by secrecy procedure under subsection (2)(b) of this section, a written ballot may be revoked before the final return date of the ballots.

(7) Unless otherwise prohibited by the declaration or bylaws, the votes may be counted from time to time before the final return date of the ballots to determine whether the proposal has passed or failed by the votes already cast on the date the ballots are counted.

(8) Notwithstanding subsection (7) of this section, written ballots that are returned in secrecy envelopes may not be examined or counted before the date certain specified in the solicitation or any extension under subsection (5)(c) of this section. [1999 c.677 §31; 2001 c.756 §16; 2003 c.569 §13; 2007 c.409 §9]

Source: Section 94.647 — Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.372 — OR Code / Title 10 / Chapter 98 / Section 98.372
98.372 Income accruing on unclaimed property after delivery to State Treasurer
Status: in_force

(1) The owner is not entitled to receive income or other increments that have accrued on the property after the property is sold by the State Treasurer under ORS 98.382 (Sale of abandoned and unclaimed property) .

(2) The State Treasurer shall credit an owner with any distribution, as defined in ORS 98.322 (Unclaimed securities or distributions) , or any other discrete income generated by the property, that accrues between the date the property is paid or delivered to the State Treasurer and the date the property is sold under ORS 98.382 (Sale of abandoned and unclaimed property) .

(3) Any distribution or income received by the State Treasurer under subsection (2) of this section may be deposited under ORS 98.386 (Deposit of funds) . The State Treasurer is not obligated to reinvest any distribution or income into the corpus of the unsold property. [1957 c.670 §17; 1983 c.716 §13; 1993 c.694 §11; 2019 c.678 §16; 2023 c.238 §6]

Source: Section 98.372 — Income accruing on unclaimed property after delivery to State Treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 101.060 — OR Code / Title 10 / Chapter 101 / Section 101.060
101.060 Provider to maintain financial reserves
Status: in_force

(1) A provider shall establish and maintain at all times:

(a) A debt service liquid reserve in an amount equal to or exceeding the total of all principal and interest payments due during the next 12 months on account of a mortgage loan or other long term financing of the continuing care retirement community taking into consideration any anticipated refinancing; and

(b) An operating liquid reserve in an amount equal to or exceeding the total of the CCRC’s projected operating expenses for three months. For the purpose of calculating the amount required for the operating liquid reserve, projected operating expenses include any anticipated expenses associated with providing housing or health related services under all residency agreements.

(2) The Department of Human Services may require a provider not meeting its reserve requirements to place the reserves in an escrow account.

(3) The notes to the provider’s annual audited financial statements shall state whether or not the reserve requirements have been met.

(4) The department may allow withdrawal or borrowing from the reserves in an amount not greater than 20 percent of the provider’s total required reserves. The withdrawal or borrowing can be approved by the department only if required for making an emergency repair or replacement of equipment, to cover catastrophic loss that is not able to be covered by insurance or for debt service in a potential default situation. No withdrawal or borrowing may be made from a reserve without the approval of the department. All funds borrowed shall be repaid to the reserve within 18 months in accordance with a payment plan approved by the department. [1989 c.693 §12; 1997 c.633 §6; 2003 c.14 §40; 2009 c.201 §5]

Source: Section 101.060 — Provider to maintain financial reserves; amount; escrow account; withdrawal from reserves , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 105.844 — OR Code / Title 10 / Chapter 105 / Section 105.844
105.844 Short title
Status: in_force

ORS 90.316 (Carbon monoxide alarm) , 90.317 (Repair or replacement of carbon monoxide alarm) , 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725) to 105.842 (Tampering with carbon monoxide alarm) , 455.360 (Carbon monoxide alarms) and 476.725 (Statewide standards for residential carbon monoxide alarms) shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 §15]

Source: Section 105.844 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.640 — OR Code / Title 10 / Chapter 100 / Section 100.640
100.640 Filing
Status: in_force

(1) The following documents and information must be submitted to the Real Estate Commissioner as part of the filing required under ORS 100.635 (Filing with commissioner) :

(a) A copy of the proposed or recorded declaration or supplemental declaration of condominium ownership drawn in conformance with ORS 100.105 (Contents of declaration) or 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) , or the law applicable in the state where the condominium was created;

(b) A copy of the proposed or recorded bylaws drawn in conformance with ORS 100.415 (Contents of bylaws) or the law applicable in the state where the condominium was created;

(c) A copy of the full size plat prepared in conformance with ORS 100.115 (Recording declaration and plat) (1) or the law applicable in the state where the condominium was created, or a copy of the proposed site plan showing unit designations and locations;

(d) A statement from the county assessor or county surveyor that the name for the condominium is acceptable under ORS 100.105 (Contents of declaration) (6);

(e) A copy of a preliminary title report, title insurance policy or condominium guarantee that has been issued within the preceding 30 days, including a map showing the location of property described in the report, policy or guarantee or other evidence of title satisfactory to the commissioner;

(f) A copy of all restrictive covenants, reservations or other documents that may create an encumbrance on or limit the use of the property other than those restrictions contained in the declaration or bylaws;

(g) Subject to subsection (2) of this section and unless the information is contained in the disclosure statement, a copy of the reserve study required by ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) and other sources of information that serve as a basis for calculating reserves in accordance with ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) ;

(h) A sample form of a unit sales agreement, including the notice to purchaser of cancellation rights in accordance with ORS 100.730 (Cancellation of sale of unit) and 100.740 (Notice to purchaser of cancellation rights) , the statement required by ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (2) and any warranty required under ORS 100.185 (Express warranties) ;

(i) A sample form of a receipt for documents required under ORS 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) ;

(j) A copy of the escrow agreement drawn in conformance with ORS 100.680 (Escrow of unit sales agreement) and executed by both the declarant and the escrow agent if required by ORS 100.680 (Escrow of unit sales agreement) ;

(k) If individual escrow agreements or instructions will be executed by the purchaser and are required by ORS 100.680 (Escrow of unit sales agreement) , other than the standard escrow instruction required by the escrow agent, a sample form and a letter from the escrow agent, agreeing to the establishment of the escrows and the procedure set forth in the sample form;

(L) A unit sales agreement drawn in conformance with ORS 100.685 (Contents of unit sales agreement) ;

(m) If any of the sales will be by means of an installment contract of sale:

(A) A copy of the escrow agreement or escrow instructions executed by the developer and the escrow agent providing for the establishment of collection escrows and the deposit of documents in accordance with ORS 100.720 (Conditions prerequisite to sale) ; and

(B) The proposed installment contract of sale form, if available;

(n) Any other documents by which the purchasers will be bound;

(o) Any report or disclosure statement issued for the condominium, by the federal government and any other state; and

(p) A statement of any additional facts or information that the developer desires to submit to the commissioner.

(2) If a disclosure statement required under ORS 100.655 (Disclosure statement) must be adopted and issued before real property may be submitted to the condominium, a reserve study under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) is not required if the disclosure statement includes the information specified in ORS 100.655 (Disclosure statement) (1)(h)(C). [Formerly 94.353; 1997 c.816 §13; 2001 c.756 §53; 2007 c.409 §35; 2007 c.410 §20; 2009 c.641 §48; 2019 c.69 §22]

Source: Section 100.640 — Filing; required documents and information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.764 — OR Code / Title 10 / Chapter 94 / Section 94.764
94.764 Changes or actions that require approval or consent of mortgagee
Status: in_force

(1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

(2) The request must:

(a) Be in writing.

(b) Name the mortgagor.

(c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 (Description of real property for purposes of recordation) or by address.

(d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

(e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 §6]

Source: Section 94.764 — Changes or actions that require approval or consent of mortgagee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.780 — OR Code / Title 10 / Chapter 93 / Section 93.780
93.780 Recordation of master form instrument
Status: in_force

Upon request of any person and on tender of the required fee, the county clerk shall record a master form instrument in the name of the person causing it to be recorded. [1969 c.583 §2; 2012 c.6 §3]

Source: Section 93.780 — Recordation of master form instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 101.150 — OR Code / Title 10 / Chapter 101 / Section 101.150
101.150 Duties of Department of Human Services
Status: in_force

(1) The Department of Human Services shall implement the provisions of this chapter.

(2) The department shall adopt such rules as are reasonably necessary for the enforcement of this chapter. The department shall submit any proposed rules to the advisory council prior to proceeding with the notice procedures provided for in ORS 183.335 (Notice) . The department shall consider the comments of the advisory council which pertain to a proposed rule before the department adopts the rule.

(3) The department shall adopt a procedure for a resident to file a complaint with the department concerning a continuing care retirement community’s failure to comply with a requirement of this chapter. The department shall:

(a) Provide a response to the complainant no later than 14 days after the date the complaint is filed;

(b) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and

(c) Provide a written report of the results of the investigation to the provider and to the complainant. [1989 c.693 §§4,17; 2015 c.839 §2]

Source: Section 101.150 — Duties of Department of Human Services; complaint procedure; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 94.823 — OR Code / Title 10 / Chapter 94 / Section 94.823
94.823 Notice of intent to sell timeshares
Status: in_force

A developer shall submit a notice to the Real Estate Commissioner informing the commissioner of the developer’s intent to sell timeshares in Oregon. The form and content of the notice shall be established by rule by the commissioner, but shall include at least:

(1) The name and business and residence addresses of:

(a) The developer;

(b) The developer’s agent;

(c) The designated managing entity; and

(d) Any person selling the timeshare plan within Oregon.

(2) An explanation of the timeshare form of ownership to be offered under the timeshare plan.

(3) A general description of the timeshare plan, including the number of timeshares to be offered under the timeshare plan and the number and description of the accommodations and facilities.

(4) A complete description, including a copy of all necessary implementing documents, of the methods to be used by the developer to comply with the requirements of ORS 92.325 (Application of ORS 92.305 to 92.495) , 92.425 (Conditions prerequisite to sale) , 94.570 (Applicability of ORS 94.550 to 94.783) , 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) to 94.945 (Advertising regulation) , 100.005 (Definitions) , 100.105 (Contents of declaration) , 100.200 (Declarant control of association) , 100.450 (Association lien against individual unit) and 696.490 (Real Estate Account) .

(5) A title report for the real property underlying the timeshare plan, acceptable to the commissioner and including a statement of any lien, defect, judgment or other encumbrance affecting title to the property.

(6) A copy of any judgment against the developer or managing entity, the status of any pending suit that is material to the timeshare plan to which the developer or managing entity is a party and the status of any other suit that is material to the timeshare plan of which the developer has actual knowledge.

(7) A description of any insurance coverage provided for the benefit of a purchaser or a statement that no insurance coverage is provided.

(8) The name and address of the accommodations and facilities and the schedule for completing any improvements not complete at the time of filing.

(9) The financial obligation of a purchaser, excluding the initial purchase price and including:

(a) Additional charges and common expenses to which the purchaser may be subject, whether or not in the form of an assessment; and

(b) An estimated operating budget and schedule of estimated common expenses.

(10) A copy of the timeshare instrument or notice of timeshare plan as required under ORS 94.818 (Recording of timeshare instrument) .

(11) A copy of any contract, lease or timeshare agreement to be signed by the purchaser.

(12) A copy of the rules, limitations or conditions on the use of accommodations or facilities available to purchasers.

(13) Any restriction on the transfer of any timeshare.

(14) If any portion of the timeshare property is located outside the state, proof that the developer has recorded the notice of timeshare plan as required under ORS 94.833 (Sale of timeshare plan located out-of-state) (1).

(15) Any other information the commissioner may determine is necessary. [1983 c.530 §19; 2003 c.14 §37]

Source: Section 94.823 — Notice of intent to sell timeshares; form and content; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.375 — OR Code / Title 10 / Chapter 90 / Section 90.375
90.375 Effect of unlawful ouster or exclusion
Status: in_force

If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated the landlord shall return all security deposits and prepaid rent recoverable under ORS 90.300 (Security deposits) . The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23; 1997 c.577 §21]

Source: Section 90.375 — Effect of unlawful ouster or exclusion; willful diminution of services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.939 — OR Code / Title 10 / Chapter 97 / Section 97.939
97.939 Prearrangement or preconstruction sales contracts
Status: in_force

(1) Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider. The certified provider shall retain one copy of the contract and a copy of the completed contract shall be given to:

(a) The purchaser; and

(b) The depository or the master trustee, if applicable.

(2) Upon receiving trust funds under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) , the master trustee shall sign a copy of the contract received under subsection (1) of this section, retain a copy for its files and return the contract to the purchaser.

(3) Each completed contract shall:

(a) Comply with the plain language standards described in ORS 180.545 (Plain language standards) (1);

(b) Be consecutively numbered;

(c) Have a corresponding consecutively numbered receipt;

(d) Be preprinted or, if the certified provider uses a master trustee, be obtained from the master trustee;

(e) Identify the purchaser and certified provider who sold the contract;

(f) Specify whether the contract is a guaranteed contract or a nonguaranteed contract;

(g) Specify the specific funeral or cemetery merchandise or services or undeveloped interment spaces included and not included in the contract; and

(h) If a guaranteed contract, disclose that the certified provider is entitled to receive 10 percent of the sales price.

(4) Intentionally left blank —Ed.

(a) Notwithstanding ORS 97.943 (Distributions from prearrangement trust fund deposits) (8), in the case of a prearrangement sales contract, if at the time of entering into the contract, the beneficiary of the contract is a recipient of public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , or reasonably anticipates becoming a recipient of public assistance or medical assistance, the contract may provide that the contract is irrevocable.

(b) The contract may provide for an election by the beneficiary, or by the purchaser on behalf of the beneficiary, to make the contract thereafter irrevocable if after the contract is entered into, the beneficiary becomes eligible or seeks to become eligible for public assistance or medical assistance. [Formerly 128.421; 2007 c.661 §18; 2012 c.7 §7; 2013 c.688 §11]

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

Source: Section 97.939 — Prearrangement or preconstruction sales contracts; contents; delivery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.590 — OR Code / Title 10 / Chapter 97 / Section 97.590
97.590 Transfer of plot or right of interment
Status: in_force

No transfer of any plot, heretofore or hereafter made, or any right of interment is complete or effective until recorded on the books of the cemetery authority.

Source: Section 97.590 — Transfer of plot or right of interment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.645 — OR Code / Title 10 / Chapter 105 / Section 105.645
105.645 Tax qualified disclaimer
Status: in_force

Notwithstanding any other provision of ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) , if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code and the regulations promulgated under that code, as in effect on December 31, 2010, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) . [2001 c.245 §14; 2011 c.526 §16]

Source: Section 105.645 — Tax qualified disclaimer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.462 — OR Code / Title 10 / Chapter 105 / Section 105.462
105.462 Definitions for ORS 105.462 to 105.490
Status: in_force

For purposes of ORS 105.462 (Definitions for ORS 105.462 to 105.490) to 105.490 (Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies) :

(1) “Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act) . “Financial institution” includes a:

(a) Trust company, as that term is defined in ORS 706.008 (Additional definitions for Bank Act) ;

(b) Mortgage banker, as that term is defined in ORS 86A.100 (Definitions) ;

(c) Mortgage broker, as that term is defined in ORS 86A.100 (Definitions) ; and

(d) Consumer finance company that is licensed under ORS chapter 725.

(2) “Real estate licensee” has the meaning given that term in ORS 696.010 (Definitions) . [2003 c.328 §4; 2005 c.287 §1]

Source: Section 105.462 — Definitions for ORS 105.462 to 105.490 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.860 — OR Code / Title 10 / Chapter 90 / Section 90.860
90.860 Definitions for ORS 90.865 to 90.875
Status: repealed

As used in ORS 90.865 (Dealer notice of rent payments and financing) to 90.875 (Remedy for failure to give notice) :

(1) “Buyer” has the meaning given that term in ORS 72.1030 (Definitions and index of definitions) ;

(2) “Facility” has the meaning given that term in ORS 90.100 (Definitions) ;

(3) “Landlord” has the meaning given that term in ORS 90.100 (Definitions) ;

(4) “Manufactured dwelling” has the meaning given that term in ORS 90.100 (Definitions) ;

(5) “Purchase money security interest” has the meaning given that term in ORS 79.1070;

(6) “Secured party” has the meaning given that term in ORS 79.1050; and

(7) “Seller” has the meaning given that term in ORS 72.1030 (Definitions and index of definitions) . [2001 c.112 §1; 2005 c.22 §70]

Note: 90.860 (Definitions for ORS 90.865 to 90.875) to 90.875 (Remedy for failure to give notice) were enacted into law by the Legislative Assembly but were 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.

Note: 79.1050 and 79.1070 were repealed by section 187, chapter 445, Oregon Laws 2001. The text of 90.860 (Definitions for ORS 90.865 to 90.875) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 90.860 (Definitions for ORS 90.865 to 90.875) for the repeal of 79.1050 and 79.1070 has not been made.

Source: Section 90.860 — Definitions for ORS 90.865 to 90.875 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.151 — OR Code / Title 10 / Chapter 105 / Section 105.151
105.151 Enforcement of judgment of restitution
Status: in_force

(1) If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only enforce that judgment in the following manner:

(a) Issuance by the clerk of the court and service upon the defendant of a notice of restitution that shall give the defendant four days to move out of the premises, including removal of all personal property; and

(b) After the expiration of the four-day period provided in the notice of restitution, issuance by the clerk of the court and service by the sheriff upon the defendant of a writ of execution of judgment of restitution, directing the sheriff to enforce the judgment by removing the defendant and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.

(2) Following entry of judgment for restitution of the premises in favor of a plaintiff, or any date for possession as specified in the judgment, whichever is later, the plaintiff may request that the clerk of the court in which the judgment is entered issue a notice of restitution. The notice of restitution shall order the defendant to move out of the premises, including removing all personal property, in no less than four days. The plaintiff may direct the clerk to extend the notice period beyond four days. Following payment of any required fees, the clerk shall issue the notice.

(3) This section does not prevent a landlord in a tenancy to which ORS chapter 90 does not apply from exercising a right of entry provided by law and described in ORS 105.105 (Entry to be lawful and peaceable only) in order to recover possession of the premises, provided that the right of entry is stated in the rental agreement between the parties. [2001 c.596 §14 ( 105.151 (Enforcement of judgment of restitution) , 105.152 (Form of notice of restitution for judgment entered under ORS 105.146) , 105.153 (Form of notice of restitution for judgment not entered under ORS 105.146) , 105.156 (Form of writ of execution for judgment of restitution) , 105.157 (Form of eviction trespass notice) , 105.158 (Service of notice of restitution) , 105.159 (Computation of time before plaintiff may request writ of execution) and 105.161 (Service and enforcement of writ of execution and eviction trespass notice) enacted in lieu of 105.154); 2003 c.378 §26]

Source: Section 105.151 — Enforcement of judgment of restitution; notice of restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.800 — OR Code / Title 10 / Chapter 90 / Section 90.800
90.800 Policy
Status: in_force

(1) The State of Oregon encourages affordable housing options for all Oregonians. One housing alternative chosen by many Oregonians is facility living. The Legislative Assembly finds that many facility tenants would like to join together, alone or in cooperation with an associated entity, to purchase the facility in which the tenants live in order to have greater control over the costs and environment of their housing. The Legislative Assembly also finds that current market conditions place tenants at a disadvantage with other potential investors in the purchase of facilities.

(2) It is the policy of the State of Oregon to encourage facility tenants to participate in the housing marketplace by ensuring that technical assistance, financing opportunities, notice of sale of facilities and the option to purchase facilities are made available to tenants who choose to participate in the purchase of a facility.

(3) The purpose of ORS 90.800 (Policy) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) , 456.579 (Manufactured Dwelling Parks Account) and 456.581 (Uses of Manufactured Dwelling Parks Account) is to strengthen the private housing market in Oregon by encouraging all Oregonians to have the ability to participate in the purchase of housing of their choice. [1989 c.919 §1; 1991 c.844 §24; 1995 c.559 §42; 2014 c.89 §7; 2017 c.315 §1]

Source: Section 90.800 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.652 — OR Code / Title 10 / Chapter 98 / Section 98.652
98.652 Effect of failure to remove trees, logs, poles or piling
Status: in_force

Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any county road shall be conclusively presumed abandoned, and title thereto shall vest in the county having jurisdiction over such county road, and the county court or board of county commissioners of said county may remove, destroy, sell or otherwise dispose of the same. [1953 c.339 §2]

Source: Section 98.652 — Effect of failure to remove trees, logs, poles or piling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.550 — OR Code / Title 10 / Chapter 100 / Section 100.550
100.550 Service of process
Status: in_force

(1) Service of process in any action relating to the condominium may be made on:

(a) If the condominium was submitted to the provisions of this chapter before October 3, 1989, the person designated in the declaration to receive service of process;

(b) The person named as designated agent in the Condominium Information Report filed with the Real Estate Agency under ORS 100.250 (Documents required to be filed with Real Estate Agency) ;

(c) If the association is organized as a corporation under Oregon law, the registered agent in accordance with ORS 60.111 (Registered office and registered agent) or 61.086 (1987 Replacement Part); or

(d) The chairperson, president or secretary of the association.

(2) Except as provided in subsection (4) of this section, if the association of unit owners of property submitted to the provisions of this chapter before October 15, 1983, wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in subsection (1) of this section, it shall record an amendment to the declaration. The amendment must be certified by the association, and must state the name of the successor with the successor’s residence or place of business as required by ORS 100.105 (Contents of declaration) (1)(L), and that the person named in the amendment was designated by resolution duly adopted by the association of unit owners.

(3) Unless prohibited by the declaration or bylaws, the board of directors of the association of unit owners of property submitted to the provisions of this chapter after October 15, 1983, may elect to designate a person other than the one named in the declaration to receive service of the process in the cases provided in subsection (1) of this section. After the adoption of a resolution by the board of directors in accordance with the bylaws, the board of directors, without the need for further action by the association or approval under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) , shall record an amendment to the declaration. The amendment must be certified by the association and must state the name of the successor with the successor’s residence or place of business as required by ORS 100.105 (Contents of declaration) (1)(L), that the person named in the amendment has consented to the designation and that the resolution was duly adopted by the association of unit owners.

(4) Subsection (3) of this section applies to property submitted to the provisions of this chapter before October 15, 1983, if:

(a) The board of directors of the association of unit owners receives a written request from at least one unit owner that subsection (3) of this section applies; or

(b) The board of directors of the association of unit owners adopts a resolution in accordance with the bylaws of the association that subsection (3) of this section applies. [Formerly 94.280; 1995 c.31 §14; 1999 c.677 §54; 2001 c.756 §61; 2007 c.410 §19; 2019 c.69 §44]

Source: Section 100.550 — Service of process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.676 — OR Code / Title 10 / Chapter 105 / Section 105.676
105.676 Public policy
Status: in_force

The Legislative Assembly hereby declares it is the public policy of the State of Oregon to encourage owners of land to make their land available to the public for recreational purposes, for gardening, for woodcutting and for the harvest of special forest products by limiting their liability toward persons entering thereon for such purposes and by protecting their interests in their land from the extinguishment of any such interest or the acquisition by the public of any right to use or continue the use of such land for recreational purposes, gardening, woodcutting or the harvest of special forest products. [1995 c.456 §2; 2009 c.532 §3]

Source: Section 105.676 — Public policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.828 — OR Code / Title 10 / Chapter 94 / Section 94.828
94.828 Public report on plan
Status: in_force

(1) After the Real Estate Commissioner receives a completed notice under ORS 94.823 (Notice of intent to sell timeshares) the commissioner shall prepare a public report on the timeshare plan. In lieu of preparing a report, the commissioner may accept a report prepared by the developer and issue the report with any changes the commissioner considers necessary.

(2) Whether or not the commissioner issues a public report on a timeshare plan the developer shall report to the commissioner any material change in the timeshare plan or in the marketing program for the timeshare plan within 10 days after the change occurs.

(3) The commissioner may examine a timeshare plan subject to ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) to be offered for sale and make a public report of the findings. If a timeshare plan is located within this state and no report is made within 45 days after the commissioner receives a completed timeshare filing, the report shall be considered waived.

(4) As used in this section, “material change” includes, but is not limited to:

(a) The addition or deletion of a timeshare accommodation or facility.

(b) A change in the method of marketing or conveyancing the timeshare plan.

(c) A change in the purchase money handling procedure previously approved by the commissioner, including but not limited to:

(A) A change in the escrow depository; or

(B) A change in or creation of an encumbrance affecting more than one timeshare.

(d) A change in the developer or, if the developer is an entity, a change in the name, form of organization or status of the developer.

(e) A revision of the timeshare plan’s annual budget that will require a regular annual assessment against the owners that is more than 25 percent greater than the regular annual assessment indicated in the current public report for the timeshare plan.

(f) Any legal or physical condition rendering a timeshare accommodation or facility unusable by an owner. [1983 c.530 §§20,39]

Source: Section 94.828 — Public report on plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.402 — OR Code / Title 10 / Chapter 98 / Section 98.402
98.402 Hearing on claim
Status: in_force

(1) A person aggrieved by a decision of the State Treasurer under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) may request a contested case hearing in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) .

(2) If the State Treasurer fails to act on a claim within 120 days after a person files the claim under ORS 98.392 (Claiming unclaimed property) , the claimant may petition a court under ORS 183.484 (Jurisdiction for review of orders other than contested cases) to compel the State Treasurer to act. [1957 c.670 §23; 1983 c.716 §20; 2003 c.272 §5; 2019 c.678 §24]

Source: Section 98.402 — Hearing on claim; petition to compel action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.640 — OR Code / Title 10 / Chapter 94 / Section 94.640
94.640 Association board of directors
Status: in_force

(1) The board of directors of an association may act on behalf of the association except as limited by the declaration and the bylaws. In the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357 (General standards for directors) , 65.361 (Director conflict of interest) , 65.367 (Liability for unlawful distributions) , 65.369 (Liability of qualified directors) and 65.377 (Standards of conduct for officers) , whether or not the association is incorporated under ORS chapter 65.

(2) Subject to subsection (7) of this section, unless otherwise provided in the bylaws, the board of directors may fill vacancies in its membership for the unexpired portion of any term.

(3) At least annually, the board of directors of an association shall review the insurance coverage of the association.

(4) The board of directors of the association annually shall cause to be filed the necessary income tax returns for the association.

(5) The board of directors of the association may record a statement of association information as provided in ORS 94.667 (Recording association information with county clerk) .

(6) Intentionally left blank —Ed.

(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the owners at which a quorum is present, the owners may remove a director from the board of directors, other than directors appointed by the declarant or individuals who are ex officio directors, with or without cause, by a majority vote of owners who are present and entitled to vote.

(b) Notwithstanding contrary provisions in the declaration or bylaws:

(A) Before a vote to remove a director, owners must give the director whose removal has been proposed an opportunity to be heard at the meeting.

(B) The owners must vote on the removal of each director whose removal is proposed as a separate question.

(C) Removal of a director by owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting if notice is required under ORS 94.650 (Meetings of lot owners) .

(c) A director who is removed by the owners remains a director until a successor is elected by the owners or the vacancy is filled as provided in subsection (7) of this section.

(7) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by owners, the owners shall fill a vacancy created by the removal of a director by the owners at a meeting of owners. The notice of the meeting must state that filling a vacancy is an item on the agenda.

(8) The board of directors, in the name of the association, shall maintain a current mailing address of the association.

(9) The board of directors shall cause the information required to enable the association to comply with ORS 94.670 (Association duty to keep documents and records) (8) to be maintained and kept current. [1981 c.782 §38; 1983 c.206 §4; 1999 c.677 §15; 2001 c.756 §15; 2003 c.569 §12; 2009 c.641 §8; 2011 c.532 §3; 2021 c.40 §1]

Source: Section 94.640 — Association board of directors; powers and duties; removal of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.175 — OR Code / Title 10 / Chapter 100 / Section 100.175
100.175 Reserve account for maintaining, repairing and replacing common elements
Status: in_force

(1) The declarant, on behalf of the association of unit owners, 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 if required under subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) An association of unit owners shall establish a reserve account to fund:

(A) Major maintenance, repair or replacement of those common elements or other property to be maintained by the association under the declaration or bylaws, all or part of which will normally require major maintenance, repair or replacement in more than one and less than 30 years;

(B) Exterior painting if the common elements or other property required to be maintained by the association under the declaration or bylaws include exterior painted surfaces; and

(C) Any other items for which a reserve is required under the declaration or bylaws.

(b) The reserve account required under paragraph (a) of this subsection need not include:

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

(B) A reserve for limited common elements for which maintenance and replacement are the responsibility of one or more, but less than all, unit owners under the provisions of the declaration or bylaws.

(c) The reserve account must be established in the name of the association of unit owners. The association is responsible for administering the account and for making periodic payments into the account.

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

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

(B) In the case of a conversion condominium, the statement described in ORS 100.655 (Disclosure statement) (1)(h); or

(C) Other reliable information.

(e) The reserve account must be funded by assessments against the individual units for the purposes for which the reserve account is established.

(f) The assessment under this subsection accrues from the time of the conveyance of the first individual unit assessed as provided in ORS 100.530 (Allocation of common profits and expenses) .

(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 (10) of this section, after a review of the reserve study or the reserve study update, the board may, without any action by the unit owners:

(A) Adjust the amount of payments in accordance with the study or review; and

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

(c) The reserve study must:

(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 this chapter. The maintenance plan must:

(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 or 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) Except as provided in paragraph (b) of this subsection, the reserve study requirements under subsection (3) of this section and the maintenance plan requirements under subsection (4) of this section do not apply to a condominium consisting of one or two units, excluding units used for parking, storage or other uses ancillary to a unit:

(A) After the sale of the first unit to a person other than a successor declarant, if the condominium is created on or after September 27, 2007; or

(B) If the condominium was created before September 27, 2007, notwithstanding any requirement in the declaration or bylaws.

(b) The reserve study requirements under subsection (3) of this section and the maintenance plan requirements under subsection (4) of this section apply to a flexible condominium or a staged condominium created on or after September 27, 2007, if the condominium might in the future consist of more than two units.

(6) 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 condominium recorded prior to October 23, 1999:

(A) Upon adoption of a resolution by the board of directors in accordance with the bylaws providing that the requirements of subsections (3) and (4) of this section apply to the association; or

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

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

(7) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the reserve account is to 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 unit owners have assumed administrative responsibility for the association under ORS 100.210 (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.

(8) The reserve account is subject to the requirements and restrictions of ORS 100.480 (Maintaining documents and records) and any additional requirements or restrictions imposed by the declaration, bylaws or rules of the association of unit owners.

(9) Assessments paid into the reserve account are the property of the association of unit owners and are not refundable to sellers of units.

(10) 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 100.210 (Turnover meeting) , 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. [Formerly 94.072; 1997 c.816 §7; 1999 c.677 §44; 2001 c.756 §34; 2003 c.569 §27; 2005 c.543 §2; 2007 c.409 §23; 2009 c.641 §23; 2011 c.532 §7; 2017 c.111 §3; 2019 c.69 §41]

Source: Section 100.175 — Reserve account for maintaining, repairing and replacing common elements; reserve study; information required; maintenance plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.270 — OR Code / Title 10 / Chapter 93 / Section 93.270
93.270 Certain restrictions in instruments prohibited
Status: in_force

(1) A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS 94.580 (Declaration) , may not include in an instrument for that purpose a provision:

(a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, gender identity, national origin or disability.

(b) Restricting the use of the real property:

(A) 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) or 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) By any home or facility that is licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) to provide residential care alone or in conjunction with treatment or training or a combination thereof.

(2) A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) , may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

(3) Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.

(4) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

(5) Intentionally left blank —Ed.

(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

(b) As used in this subsection, “wildfire hazard zones” are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1; 1993 c.430 §3; 2007 c.70 §20; 2007 c.100 §16; 2009 c.595 §61; 2017 c.221 §1; 2018 c.35 §2; 2021 c.67 §1; 2021 c.367 §§5,5a]

Source: Section 93.270 — Certain restrictions in instruments prohibited; restriction on right of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.780 — OR Code / Title 10 / Chapter 100 / Section 100.780
100.780 Waiver of legal rights void
Status: in_force

Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any legal rights under this chapter against the developer shall be deemed to be contrary to public policy and void. [Formerly 94.460]

Source: Section 100.780 — Waiver of legal rights void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.075 — OR Code / Title 10 / Chapter 92 / Section 92.075
92.075 Declaration required to subdivide or partition property
Status: in_force

(1) In order to subdivide or partition any property, the declarant shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the property subdivided or partitioned in accordance with the provisions of this chapter. Any dedication of land to public purposes or any public or private easements created, or any other restriction made, shall be stated in the declaration.

(2) If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being subdivided or partitioned.

(3) If the subdivision or partition plat contains any dedication or donation of land to public purposes, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.

(4) Notwithstanding the provisions of subsections (1) to (3) of this section, the fee owner, vendor or the mortgage or trust deed holder may record an affidavit consenting to the declaration of property being subdivided or partitioned and to any dedication or donation of property to public purposes. The affidavit must indicate the recorded document by which the interest in the property was acquired and all information required by ORS 93.410 (Execution and acknowledgment of deeds) to 93.530 (Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale) and must be recorded in deed records at the same time as the subdivision or partition plat. The county clerk shall note the recording information of the affidavit on the original and any exact copies of the subdivision or partition plat. [1991 c.763 §3; 1995 c.382 §8; 2005 c.399 §9]

Note: 92.075 (Declaration required to subdivide or partition property) was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.075 — Declaration required to subdivide or partition property; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.112 — OR Code / Title 10 / Chapter 90 / Section 90.112
90.112 Maximum occupancy limit
Status: in_force

A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) , for any residential dwelling unit, as defined in ORS 90.100 (Definitions) , if the restriction is based on the familial or nonfamilial relationships among any occupants. [2021 c.24 §1]

Note: 90.112 (Maximum occupancy limit) 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 90.112 — Maximum occupancy limit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.570 — OR Code / Title 10 / Chapter 97 / Section 97.570
97.570 Spouse has vested right of interment
Status: in_force

(1) The spouse of an owner of any plot containing more than one interment space has a vested right of interment of the remains of the spouse in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of the remains of the person in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.

(2) The purchase by a married person of more than one interment space shall create in the spouse a right of interment therein.

Source: Section 97.570 — Spouse has vested right of interment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.710 — OR Code / Title 10 / Chapter 100 / Section 100.710
100.710 Inspection deposit
Status: in_force

When an on-site inspection under ORS 100.700 (Inspection of condominium) is to be made of a condominium situated in the State of Oregon, or situated outside the state which will be offered for sale within this state, the Real Estate Commissioner, in addition to the fee provided in ORS 100.670 (Fees) , may require the developer to advance a deposit. Such deposits shall not exceed $200 per day for making the on-site inspection. Any unexpended portion of the deposit shall be refunded to the developer. [Formerly 94.391]

Source: Section 100.710 — Inspection deposit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.640 — OR Code / Title 10 / Chapter 97 / Section 97.640
97.640 Waiver or termination of vested right of interment
Status: in_force

A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom it is vested.

Source: Section 97.640 — Waiver or termination of vested right of interment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.139 — OR Code / Title 10 / Chapter 105 / Section 105.139
105.139 Burden of proof in certain cases
Status: in_force

If a landlord brings an action for possession under ORS 90.403 (Taking possession of premises from unauthorized possessor) and the person in possession contends that the tenant has not vacated the premises, the burden of proof is on the defendant as to that issue. [1983 c.303 §3; 1993 c.369 §34; 2003 c.378 §21; 2005 c.22 §81; 2005 c.391 §30]

Source: Section 105.139 — Burden of proof in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.821 — OR Code / Title 10 / Chapter 94 / Section 94.821
94.821 Content of timeshare instrument
Status: in_force

A timeshare instrument shall include:

(1) A legal description of the timeshare property;

(2) The name or other identification of the project;

(3) Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare;

(4) Identification of the accommodations;

(5) The method for determining the owner’s liability for common expenses and real property taxes;

(6) The method for notice and appeal of property tax values;

(7) If additional accommodations may become part of the timeshare property or existing accommodations may be deleted from the timeshare property, the method for adding them to or deleting them from the property and the formula for allocation and reallocation of the liabilities for common expenses and of voting rights;

(8) Any restrictions on the use, occupancy or alteration of a timeshare accommodation and any specified procedure or method for amending existing rules or adopting additional rules and regulations;

(9) Any restriction on the alienation of a timeshare;

(10) The ownership interest of the owner in personal property and provisions for care and replacement of personal property;

(11) If the instrument creates timeshare licenses, the period the accommodations affected are committed to timeshare licenses and provisions for disposition of those accommodations at the end of the period, if the period is not infinite;

(12) Any requirement for or restriction on amending the timeshare instrument;

(13) The nature and duration of the owner’s rights in the timeshare plan, the circumstances under which the timeshare plan could be terminated and the procedure for terminating the timeshare plan;

(14) A description of the form of conveyance or other instrument used by the developer to transfer a timeshare to a purchaser;

(15) The identity of any person that has the power to grant an easement in the timeshare property or otherwise affect the title to the timeshare property;

(16) How and by whom the timeshare plan will be managed, including but not limited to provisions for selecting a replacement or successor managing entity and provisions for continuity of management throughout the duration of the timeshare plan;

(17) A description of the voting rights of a timeshare owner and the developer and other participation rights, if any, of a timeshare owner and the method for determining and allocating the voting rights; and

(18) Provisions for notifying a timeshare owner of any authorized change in the owner’s voting or participation rights. [1983 c.530 §8; 1987 c.424 §4]

Source: Section 94.821 — Content of timeshare instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 100.210 — OR Code / Title 10 / Chapter 100 / Section 100.210
100.210 Turnover meeting
Status: reserved

(1) A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the declaration or bylaws under ORS 100.200 (Declarant control of association) . If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of:

(a) In a single stage condominium, three years from the date of conveyance of the first unit to a person other than a successor declarant or conveyance of 50 percent of the units.

(b) In a staged or flexible condominium, seven years from the date of conveyance of the first unit to a person other than the declarant or conveyance to persons other than a successor declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) .

(2) The declarant shall give notice of the turnover meeting in accordance with the bylaws of the condominium to each unit owner at least 10 but not more than 50 days prior to the meeting. The notice shall state the purpose of the meeting and the time and place where it is to be held.

(3) If the meeting required under subsection (1) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner or any first mortgagee of a unit.

(4) At the turnover meeting:

(a) The declarant shall relinquish control of the administration of the association of unit owners and the unit owners shall assume the control;

(b) If a quorum of the unit owners is present, the unit owners shall elect not fewer than the number of directors sufficient to constitute a quorum of the board of directors in accordance with the declaration or bylaws of the condominium; and

(c) The declarant shall deliver to the association the items specified in subsection (5) of this section.

(5) At the turnover meeting the declarant shall deliver to the association all property of the unit owners and the association of unit owners held or controlled by the declarant including, but not limited to, the following items, if applicable:

(a) The original or a photocopy of the recorded declaration and bylaws of the condominium and any supplements and amendments thereto.

(b) A copy of the articles of incorporation.

(c) The minute books, including all minutes, and other books and records of the association.

(d) The reserve study, the maintenance plan and all updates described in ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) and other sources of information that serve as a basis for calculating reserves in accordance with ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) .

(e) Any rules and regulations which have been promulgated.

(f) Resignations of officers and members of the board of directors who are required to resign because of the expiration of any period of declarant control reserved under ORS 100.200 (Declarant control of association) .

(g) A financial statement. The financial statement:

(A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

(B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

(h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (Allocation of common profits and expenses) (3)(b) and any bank signature cards.

(i) All tangible personal property that is property of the association and an inventory of such property.

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

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

(B) The original specifications indicating thereon all material changes.

(C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

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

(k) Insurance policies.

(L) Copies of any occupancy permits which have been issued for the condominium.

(m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

(n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

(o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

(p) Leases of the common elements and any other leases to which the association is a party.

(q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

(r) Any other contracts to which the association of unit owners is a party.

(6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

(7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

(8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:

(a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.

(b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418 (Receivership for failure of association to fill vacancies on board of directors) . [Formerly 94.091; 1999 c.677 §46; 2001 c.756 §36; 2003 c.803 §21; 2007 c.409 §24]

Source: Section 100.210 — Turnover meeting; notice; transfer of control , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.920 — OR Code / Title 10 / Chapter 105 / Section 105.920
105.920 Joint tenancy in personal property
Status: in_force

There shall be a form of co-ownership of personal property known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law. A joint tenancy may be created only by a written instrument which expressly declares the interest created to be a joint tenancy. It may be created by a transfer or bequest from a sole owner to others, or to the sole owner and others; or from tenants in common or joint tenants to others, or to themselves or some of them, or to themselves or any of them and others; or from spouses married to each other, when holding title as community property or otherwise, to others, or to themselves, or to one of them and to another or others. A transfer or bequest creating a joint tenancy shall not derogate from the rights of creditors. [Formerly 91.355; 2015 c.629 §6]

Source: Section 105.920 — Joint tenancy in personal property; creation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.325 — OR Code / Title 10 / Chapter 105 / Section 105.325
105.325 When court determines value of tenancy
Status: in_force

If a tenant does not consent pursuant to ORS 105.320 (Compensation of tenants in case of sale) , before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant’s benefit, and shall order that sum to be deposited in court for that purpose.

Source: Section 105.325 — When court determines value of tenancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.185 — OR Code / Title 10 / Chapter 92 / Section 92.185
92.185 Reconfiguration of lots or parcels and public easements
Status: in_force

The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat. Except as provided in subsection (5) of this section, upon approval by the reviewing agency or body as defined in ORS 92.180 (Authority to review replats) , replats will act to vacate the platted lots or parcels and easements within the replat area with the following conditions:

(1) A replat, as defined in ORS 92.010 (Definitions for ORS 92.010 to 92.192) shall apply only to a recorded plat.

(2) Notice shall be provided as described in ORS 92.225 (Review of undeveloped or developed subdivision plat lands) (4) when the replat is replatting all of an undeveloped subdivision as defined in ORS 92.225 (Review of undeveloped or developed subdivision plat lands) .

(3) Notice, consistent with the governing body of a city or county approval of a tentative plan of a subdivision plat, shall be provided by the governing body to the owners of property adjacent to the exterior boundaries of the tentative subdivision replat.

(4) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified, consistent with a governing body’s notice to owners of property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to vacation under this section must notify the governing body in writing within 14 days of the mailing or other service of the notice.

(5) A replat shall not serve to vacate any public street or road.

(6) A replat shall comply with all subdivision provisions of this chapter and all applicable ordinances and regulations adopted under this chapter. [1985 c.369 §3; 1991 c.763 §19; 1993 c.702 §9]

Source: Section 92.185 — Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.735 — OR Code / Title 10 / Chapter 100 / Section 100.735
100.735 Waiver of right to cancel
Status: in_force

(1) A purchaser may waive the right to cancellation granted under ORS 100.730 (Cancellation of sale of unit) (1) after the unit sales agreement is fully executed by all parties. The waiver shall be in writing and dated and shall include a notice that by signing such statement the purchaser waives only the right of cancellation granted under ORS 100.730 (Cancellation of sale of unit) (1) and no other right.

(2) No provision which obligates a purchaser to waive or limit the right of cancellation granted under ORS 100.730 (Cancellation of sale of unit) (1) shall be included in the unit sales agreement or any other agreement associated with the sale. [Formerly 94.418]

Source: Section 100.735 — Waiver of right to cancel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.772 — OR Code / Title 10 / Chapter 97 / Section 97.772
97.772 Definition of “historic cemetery.”
Status: in_force

For purposes of ORS 97.772 (Definition of “historic cemetery.”) to 97.784 (Executive secretary) , “historic cemetery” means any burial place that contains the remains of one or more persons who died before the date that is 75 years before the current date. [1999 c.731 §1; 2003 c.173 §1; 2021 c.22 §1]

Note: 97.772 (Definition of “historic cemetery.”) to 97.784 (Executive secretary) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.772 — Definition of “historic cemetery.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.665 — OR Code / Title 10 / Chapter 100 / Section 100.665
100.665 Exemption to certain disclosure and notice requirements
Status: in_force

A vendor under a land sale contract, a mortgagee of a mortgage or a beneficiary of a trust deed who becomes a developer by reason of acquiring a unit or units in a condominium through foreclosure of its lien or acceptance of a deed in lieu thereof, is not required to submit a filing to the Real Estate Commissioner under ORS 100.635 (Filing with commissioner) , or to distribute a disclosure statement under ORS 100.705 (Sale prohibited prior to issuance of disclosure statement) or provide the notice to purchaser required under ORS 100.740 (Notice to purchaser of cancellation rights) if the vendor, mortgagee or beneficiary sells, in a single sale, all of the units so acquired to a developer who agrees to comply with the provisions of ORS 100.635 (Filing with commissioner) and 100.705 (Sale prohibited prior to issuance of disclosure statement) before negotiating a sale of the unit or units to others. [1989 c.595 §46]

Source: Section 100.665 — Exemption to certain disclosure and notice requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.948 — OR Code / Title 10 / Chapter 93 / Section 93.948
93.948 URPTDA 1. Short title
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1]

Note: 93.948 (URPTDA 1. Short title) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor) were enacted into law by the Legislative Assembly but were 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 93.948 — URPTDA 1. Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.987 — OR Code / Title 10 / Chapter 97 / Section 97.987
97.987 Department of Transportation use of federal moneys for cemetery care
Status: in_force

(1) In addition to any other duties of the Department of Transportation, the department may apply for, accept and expend, use or dispose of moneys and property received from the federal government for the purpose of establishing any program of restoration, care, maintenance and preservation of cemeteries. The department shall administer any funds received pursuant to this section in accordance with the conditions established by the federal government.

(2) In carrying out the provisions of subsection (1) of this section the Department of Transportation may contract or consult with any nonprofit corporation established for the purpose of promoting cemetery care and maintenance. [Formerly 97.975]

Source: Section 97.987 — Department of Transportation use of federal moneys for cemetery care , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.123 — OR Code / Title 10 / Chapter 105 / Section 105.123
105.123 Complaint
Status: in_force

In an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) , it is sufficient to state in the complaint:

(1) A description of the premises with convenient certainty;

(2) That the defendant is in possession of the premises;

(3) That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant entered upon the premises with force or unlawfully holds the premises with force; and

(4) That the plaintiff is entitled to the possession of the premises. [2001 c.596 §4 ( 105.123 (Complaint) , 105.124 (Form of complaint if ORS chapter 90 applies) and 105.126 (Form of complaint if ORS chapter 90 does not apply) enacted in lieu of 105.125); 2007 c.508 §12]

Source: Section 105.123 — Complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.305 — OR Code / Title 10 / Chapter 105 / Section 105.305
105.305 Credit allowed
Status: in_force

The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 (Investment of proceeds for certain parties) to be invested for the benefit of unknown owners, infants or parties out of the state. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and the clerk’s successor in office. When there is a known owner of full age, the security for the share of the owner shall be executed in the name of the owner.

Source: Section 105.305 — Credit allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.725 — OR Code / Title 10 / Chapter 105 / Section 105.725
105.725 Proceedings on motion to confirm report
Status: in_force

The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof and no exceptions have been filed to the report within two days after the service. If exceptions are filed to the report, they may be heard with the motion to confirm, and the court may confirm, modify or set aside the report as is just, and in the latter case may appoint a new commission or refer the matter to the same commissioners with appropriate instructions.

Source: Section 105.725 — Proceedings on motion to confirm report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.802 — OR Code / Title 10 / Chapter 93 / Section 93.802
93.802 Recordation of short form instrument
Status: in_force

(1) After a master form instrument is recorded in a county under ORS 93.779 (Definitions for ORS 93.779 to 93.802) to 93.802 (Recordation of short form instrument) , an instrument entitled “Short Form Mortgage,” “Short Form Trust Deed” or “Short Form Instrument Creating Affordable Housing Covenants” may be recorded.

(2) The short form instrument must contain the title of the short form instrument, the names of all parties involved in the encumbrance of the real property described in the short form instrument, the legal description of the property that is encumbered by the short form instrument, the amount of the encumbrance, the date on which the short form instrument was executed and any other information required by law for recording the short form instrument.

(3) Any provision of the master form instrument recorded under ORS 93.779 (Definitions for ORS 93.779 to 93.802) to 93.802 (Recordation of short form instrument) may be incorporated in the short form instrument by reference to:

(a) The date when and the book and page or fee number where the master form instrument was recorded; and

(b) Any specific provision of the master form instrument that applies to the short form instrument.

(4) A short form instrument recorded under this section must describe provisions in the short form instrument that deviate in any respect from the provisions of the recorded master form instrument.

(5) The person presenting a short form instrument for recording shall cause a complete copy of the master form instrument to which reference is made in the short form instrument to be provided or disclosed to each party involved in the encumbrance of the real property described in the short form instrument. [1991 c.230 §20; 2012 c.6 §6]

Source: Section 93.802 — Recordation of short form instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.475 — OR Code / Title 10 / Chapter 100 / Section 100.475
100.475 Personal liability for assessment
Status: in_force

(1) Except as provided in subsection (5) of this section, a unit owner is personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners.

(2) If the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, the purchaser, and the successors and assigns of the purchaser, are not liable for any of the assessments against the unit or its owner that became due prior to the acquisition of title to the unit by the purchaser except as specifically provided otherwise in ORS 100.450 (Association lien against individual unit) . The unpaid assessments are a common expense of all the unit owners, including the purchaser and the successors and assigns of the purchaser.

(3) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee therefor.

(b) Upon request of an owner or owner’s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.

(4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:

(a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and

(b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement.

(5) During the redemption period that follows an execution sale conducted under ORS 18.860 (Function of writ) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure) , a certificate holder, as defined in ORS 18.960 (Definitions) , is solely liable for all assessments that come due during the redemption period.

(6) For purposes of this chapter, when the redemption period described in ORS 18.964 (Time for redemption) ends and the claimant has not redeemed the unit, the certificate holder is deemed the unit owner of the unit sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985 (Sheriff’s deed) . [Formerly 94.208; 1997 c.816 §11; 2003 c.569 §37; 2015 c.120 §6]

Source: Section 100.475 — Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.527 — OR Code / Title 10 / Chapter 90 / Section 90.527
90.527 Renter’s liability insurance in park
Status: in_force

(1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter’s liability insurance only if:

(a) The insurance requirement is in the park’s statement of policy and in the written rental agreement.

(b) The landlord obtains and maintains comparable liability insurance.

(c) Documentation, including a certificate of coverage, that shows the landlord’s insurance coverage is posted in a common area or delivered or made available to any tenant by request, orally or in writing.

(d) The amount of required coverage does not exceed $100,000 per occurrence.

(2) A landlord may require an applicant to:

(a) Provide documentation of renter’s liability insurance coverage before the tenancy begins.

(b) Name the landlord as an interested party on the tenant’s renter’s insurance policy authorizing the insurer to notify the landlord of:

(A) Cancellation or nonrenewal of the policy;

(B) Reduction of policy coverage; or

(C) Removal of the landlord as an interested party.

(c) Provide documentation on a periodic basis related to the coverage period of the renter’s liability insurance policy.

(3) A landlord may not:

(a) Require that a tenant obtain renter’s liability insurance from a particular insurer;

(b) Require that a tenant name the landlord as an additional insured or as having any special status on the tenant’s renter’s liability insurance policy other than as an interested party for the purposes described in subsection (2)(b) of this section;

(c) Require that a tenant waive the insurer’s subrogation rights; or

(d) Make a claim against the tenant’s renter’s liability insurance unless:

(A) The claim is for damages or costs for which the tenant is legally liable and not for damages or costs that result from ordinary wear and tear, acts of God or the conduct of the landlord;

(B) The claim is greater than any security deposit of the tenant; and

(C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer. [2021 c.260 §11]

Source: Section 90.527 — Renter’s liability insurance in park , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.525 — OR Code / Title 10 / Chapter 100 / Section 100.525
100.525 Voting or consenting
Status: in_force

(1) Unless otherwise provided in the declaration, each unit of a condominium is entitled to one vote.

(2) Unless otherwise provided in the declaration or bylaws:

(a) An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a unit owned or held in a fiduciary capacity, if the person satisfies the secretary that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the unit in a fiduciary capacity.

(b) Whenever a unit is owned by two or more persons jointly, according to the records of the association:

(A) Except as provided in this subsection, the vote of the unit may be exercised by any one of the owners, in the absence of protest by a co-owner. In the event of a disagreement among the co-owners, the vote of the unit shall be disregarded completely in determining the proportion of votes given with respect to the matter.

(B) A valid court order may establish the right of co-owners’ authority to vote. [Formerly 94.255; 2001 c.756 §50; 2007 c.409 §32; 2009 c.641 §32]

Source: Section 100.525 — Voting or consenting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.255 — OR Code / Title 10 / Chapter 105 / Section 105.255
105.255 How referees make partition
Status: in_force

In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust and describing the property divided and the shares allotted to each party with a particular description of each share.

Source: Section 105.255 — How referees make partition; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.564 — OR Code / Title 10 / Chapter 90 / Section 90.564
90.564 Charge for cable, satellite or Internet
Status: in_force

(1) Notwithstanding ORS 90.568 (Pro rata billing) (4) or 90.572 (Submeter billing) (3), a landlord may add an additional amount to a utility or service charge billed to the tenant if:

(a) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

(b) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;

(c) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

(d) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

(e) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

(2) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under subsection (1) of this section. [Formerly 90.535]

Source: Section 90.564 — Charge for cable, satellite or Internet , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.918 — OR Code / Title 10 / Chapter 93 / Section 93.918
93.918 Continuation of proceedings after certain types of stay ordered by court
Status: in_force

(1) Except when a seller has participated in obtaining a stay, contract forfeiture proceedings that are stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason, shall continue after release from the stay as if uninterrupted, if within 30 days after release the seller gives written amended notice of default by certified mail with return receipt requested, to the last-known address of those persons listed in ORS 93.915 (Notice of default) (1). The amended notice of default shall:

(a) Be given at least 20 days prior to the amended date of forfeiture;

(b) Specify an amended date after which the contract will be forfeited, which may be the same as the original forfeiture date;

(c) Conform to the requirements of ORS 93.915 (Notice of default) (3), except the time periods set forth therein; and

(d) State that the original forfeiture proceedings were stayed and the date the stay terminated.

(2) The new date of forfeiture shall not be sooner than the date of forfeiture as set forth in the seller’s notice of default which was subject to the stay.

(3) Prior to the date of forfeiture, the seller shall cause to be recorded in the real property records of each county in which any part of the property is located, a copy of the amended notice of default, together with an affidavit of service or mailing of the amended notice of default, reciting the date the amended notice of default was served or mailed and the name and address of each person to whom it was given. From the date of its recording, the amended notice of default shall be subject to the provisions of ORS 93.915 (Notice of default) (4) and (5). [1989 c.516 §4]

Note: See note under 93.913 (Forfeiture allowed for default under certain collateral assignments of interest) .

Source: Section 93.918 — Continuation of proceedings after certain types of stay ordered by court; procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.520 — OR Code / Title 10 / Chapter 100 / Section 100.520
100.520 Easement held by units and common elements
Status: in_force

(1) Except as otherwise provided in the declaration, each unit shall have an easement through each other unit and through the common elements for utility, wiring, heat, plumbing and other service elements, and for reasonable access required to effectuate and continue proper operation of the condominium.

(2) Each unit and all common elements shall have an easement over all adjoining units and common elements for the purpose of accommodating any present or future encroachment as a result of engineering errors, construction, reconstruction, repairs, settlement, shifting, or movement of any portion of the property, or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of the encroaching units and common elements so long as the encroachments shall exist, and except as otherwise provided in subsection (3) of this section, the rights and obligations of owners shall not be altered in any way by the encroachment.

(3) The easement described under subsection (2) of this section does not relieve a unit owner of liability in case of willful misconduct of a unit owner or relieve a declarant or any contractor, subcontractor or materialman of liability for failure to adhere to the plat and any floor plans recorded pursuant to ORS 100.115 (Recording declaration and plat) .

(4) The encroachments described in subsection (2) of this section shall not be construed to be encumbrances affecting the marketability of title to any unit. [Formerly 94.250; 2001 c.756 §49]

Source: Section 100.520 — Easement held by units and common elements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.620 — OR Code / Title 10 / Chapter 97 / Section 97.620
97.620 Death of co-owner
Status: in_force

An affidavit by any person having knowledge of the fact, setting forth the fact of the death of one owner and establishing the identity of the surviving owners named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving owners or their successors in interest.

Source: Section 97.620 — Death of co-owner; authorization to use plot under directions of surviving owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.772 — OR Code / Title 10 / Chapter 105 / Section 105.772
105.772 Preservation of future interests
Status: in_force

The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978:

(1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall be extinguished and cease to be valid, unless within the time specified in this section, a notice of intention to preserve such possibility of reverter or right of entry is recorded as provided in ORS 105.770 (Failure of contingency) to 105.774 (Exclusions from application of ORS 105.770 and 105.772) . Such extinguishment shall occur at the end of the period in which the notice or renewal notice may be recorded.

(2) Any person owning such possibility of reverter or right of entry may record in the deed records of the county in which the land is situated a notice of intention to preserve such interest. Such notice may be filed for record by any person who is the owner or part owner of such interest, in which case the notice shall be effective as to the person filing the notice and any other person who is a part owner thereof. If any owner or part owner is a minor or financially incapable, as defined in ORS 125.005 (Definitions) , the notice may be filed by a conservator appointed pursuant to a protective proceeding under ORS chapter 125.

(3) To be effective and to be entitled to record, such notice shall contain an accurate and full description of all land affected by such notice; but if such claim is founded upon a recorded instrument, then the description may be by reference to the recorded instrument. Such notice shall also contain the terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises. The notice shall be executed, acknowledged, proved and recorded in each county in which the land is situated in the same manner as a conveyance of real property. In indexing such notices the county clerk shall enter such notices under the grantee indexes of deeds under the names of the persons on whose behalf such notices are executed.

(4) An initial notice may be recorded not less than 28 years, nor more than 30 years, after the possibility of reverter or right of entry was created; provided, however, if such possibility of reverter or right of entry was created prior to January 1, 1950, the notice may be recorded within two years after January 1, 1978. A renewal notice may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the initial notice, and shall be effective for a period of 30 years from the recording of such renewal notice. In like manner, further renewal notices may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the last renewal notice. [1977 c.723 §2; 1995 c.664 §81]

Source: Section 105.772 — Preservation of future interests; filing of notice of intent required; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.727 — OR Code / Title 10 / Chapter 90 / Section 90.727
90.727 Maintenance of trees in rented spaces
Status: in_force

(1) As used in this section:

(a) “Maintaining a tree” means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.

(b) “Removing a tree” includes:

(A) Felling and removing the tree; and

(B) Grinding or removing the stump of the tree.

(2) The landlord or tenant that is responsible for maintaining a tree must engage a landscape construction professional with a valid license issued pursuant to ORS 671.560 (Issuance of license) to maintain any tree with a DBH of eight inches or more.

(3) A landlord:

(a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree.

(b) May maintain a tree on the rented space to prevent the tree from becoming a hazard tree.

(c) Has discretion to decide whether the appropriate maintenance is removal or trimming of the hazard tree.

(d) Is not responsible for maintaining a tree that is not a hazard tree or for maintaining any tree for aesthetic purposes.

(4) In addition to complying with ORS 90.725 (Landlord or agent access to rented space) , before entering a tenant’s space to inspect or maintain a tree, the landlord must provide the tenant with:

(a) Reasonable notice to inspect a tree.

(b) Reasonable written notice to maintain a tree and, except as necessary to avoid an imminent and serious harm to persons or property, a reasonable opportunity for the tenant to maintain the tree. The notice must specify any tree that the landlord intends to remove.

(5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant’s space in a manufactured dwelling park at the tenant’s expense. The tenant may retain an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture to inspect a tree on the tenant’s rented space at the tenant’s expense and if the arborist determines that the tree is a hazard, the tenant may:

(a) Require the landlord to maintain a tree that is the landlord’s responsibility under subsection (3) of this section; or

(b) Maintain the tree at the tenant’s expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist’s report.

(6) If a manufactured dwelling cannot be removed from a space without first removing or trimming a tree on the space, the owner of the manufactured dwelling may remove or trim the tree at the dwelling owner’s expense, after giving reasonable written notice to the landlord, for the purpose of removing the manufactured dwelling. [2013 c.443 §5; 2019 c.625 §35]

Source: Section 90.727 — Maintenance of trees in rented spaces , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.075 — OR Code / Title 10 / Chapter 105 / Section 105.075
105.075 Notice to quit
Status: in_force

In any action to recover the possession of real property, as provided for in ORS 105.005 (Right of action) , notice to quit, when necessary, may be given as prescribed in ORS 91.050 (Tenancy at will) to 91.110 (Notices to be in writing) and 105.120 (Notice necessary to maintain action in certain cases) . Nothing in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) prevents such action from being maintained for the recovery of the possession of real property although the entry of the defendant is forcible or the holding is unlawful and with force as defined in ORS 105.105 (Entry to be lawful and peaceable only) .

Source: Section 105.075 — Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.263 — OR Code / Title 10 / Chapter 90 / Section 90.263
90.263 Vehicle tags
Status: in_force

A landlord may not require that a tenant display a nonremovable tag, sticker or other device on a motor vehicle that might reveal or indicate to the public the premises where the tenant resides. [1999 c.397 §2]

Note: 90.263 (Vehicle tags) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.263 — Vehicle tags , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.042 — OR Code / Title 10 / Chapter 92 / Section 92.042
92.042 Governing body having jurisdiction to approve plans, maps or plats
Status: in_force

(1) Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and partitions under ORS 92.040 (Application for approval of subdivision or partition) and 227.110 (City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city) . However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251 (Compliance acknowledgment) , when the governing body of a county has adopted ordinances or regulations for subdivision and partition control as required by ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) , land in the county within the six-mile limit shall be under the jurisdiction of the county for those purposes.

(2) Land over six miles from the corporate limits of a city is under the jurisdiction of the county for the purpose of giving approval of plans, maps and plats for subdivisions and partitions under ORS 92.040 (Application for approval of subdivision or partition) . [1955 c.756 §4; 1973 c.261 §1; 1973 c.696 §8; 1983 c.570 §3; 1991 c.763 §7]

Source: Section 92.042 — Governing body having jurisdiction to approve plans, maps or plats , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 97.840 — OR Code / Title 10 / Chapter 97 / Section 97.840
97.840 Cemetery authority authorized to receive and hold gifts of property
Status: in_force

A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. Within 30 days of the receipt of such contributions, the cemetery authority shall deposit, with the trustee or custodian of the fund to which the property was contributed, all moneys and all documents or instruments of title or conveyance evidencing the contribution. As soon as practicable, the cemetery authority shall provide for the sale of all property for fair market value and, within 30 days of the receipt of the proceeds thereof, shall deposit the proceeds with the trustee or custodian. The trustee or custodian shall execute all documents necessary to effect the sale, consistent with the purposes of this section. [Amended by 1987 c.295 §4]

Source: Section 97.840 — Cemetery authority authorized to receive and hold gifts of property; disposition of gifts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.220 — OR Code / Title 10 / Chapter 97 / Section 97.220
97.220 Disinterment
Status: in_force

(1) Except as provided in ORS 97.223 (Interment or temporary storage of human remains in case of natural disaster or other emergency) , the remains of a deceased person interred in a plot in a cemetery may be removed from the plot with the consent of the cemetery authority and written consent of:

(a) The person under ORS 97.130 (Right to control disposition of remains) (2)(a), (b) or (c) who has the authority to direct disposition of the remains of the deceased person; or

(b) If the remains are cremated or reduced remains, the person who had possession of the cremated or reduced remains and authorized the interment of the cremated or reduced remains.

(2) If the consent of a person described in subsection (1) of this section or of the cemetery authority cannot be obtained, permission by the county court of the county where the cemetery is situated is sufficient. Notice of application to the court for such permission must be given at least 60 days prior thereto, personally or by mail, to the cemetery authority, to the person not consenting and to every other person or authority on whom service of notice is required by the county court.

(3) If the payment for the purchase of an interment space is past due for a period of 90 days or more, this section does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by the cemetery authority from a plot to some other suitable place.

(4) This section does not apply to the disinterment of remains upon order of court or if ordered under the provisions of ORS 146.045 (Duties of Chief Medical Examiner) (3)(e). [Amended by 1977 c.582 §3; 2007 c.661 §2; 2011 c.164 §3; 2019 c.241 §3; 2021 c.296 §10]

Source: Section 97.220 — Disinterment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 96.040 — OR Code / Title 10 / Chapter 96 / Section 96.040
96.040 Removal of partition fence
Status: in_force

(1) In all cases where the enclosures of two or more persons are divided by a partition fence of any kind and either of the parties thinks it proper to vacate the part of the enclosure of that party or to make a lane or passage between the adjoining enclosures, that party is at liberty to remove the share of that party or part of the partition fence on giving six months’ notice in writing of such intention to the party owning or occupying the adjoining enclosure, or to the agent of the party, if such party is not a resident of the county.

(2) When one party ceases to improve the land of the party or opens the enclosure, the party shall not take away any part of the partition fence belonging to the party and adjoining the next enclosure if the owner or occupant of the adjoining enclosure, within two months after it is ascertained, pays therefor such sum as is agreed upon by the parties or, if they fail to agree, such sum as is adjudged by two disinterested persons, selected by the parties, which two persons, if they fail to agree, may select a third person, and the three persons shall determine such sum. Such partition fence shall not be removed when by so doing it will expose to destruction any crops in such enclosures.

Source: Section 96.040 — Removal of partition fence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors096.­html (accessed May 26, 2025).
ORS § 100.310 — OR Code / Title 10 / Chapter 100 / Section 100.310
100.310 Rights of tenants in conversion
Status: in_force

(1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall:

(a) Terminate 60 days after its receipt or upon written rejection of the offer by the tenant, whichever occurs earlier.

(b) Be accompanied by a copy of all applicable disclosure statements issued by the Real Estate Commissioner pursuant to ORS 100.700 (Inspection of condominium) .

(c) Not constitute a notice to terminate the tenancy.

(2) The tenant’s dwelling unit may not be shown to any prospective purchasers of a conversion condominium unit without the tenant’s permission before the termination of the tenancy.

(3) The declarant shall not sell the unit to a person other than the tenant during the 60 days following the termination of an offer to the tenant under subsections (1) and (2) of this section at a price or on terms more favorable to the purchaser than the price or terms offered to the tenant.

(4) After the property has been submitted to the provisions of the Oregon Condominium Act, the declarant, until a unit is offered for sale in accordance with subsections (1) and (2) of this section, shall notify in writing any prospective tenant, prior to the commencement of the tenancy, that the property has been submitted to the provisions of the Oregon Condominium Act and the rights of a tenant under subsections (1) to (3) of this section. [Formerly 94.122; 1997 c.816 §8]

Source: Section 100.310 — Rights of tenants in conversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.336 — OR Code / Title 10 / Chapter 98 / Section 98.336
98.336 Wages or property held by government and public authorities
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) Intangible property, including uncashed warrants and excluding unpaid wages, held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned.

(3) Tangible property held for the owner by a court, state or other government, governmental subdivision or agency, law enforcement agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned. [1957 c.670 §10; 1983 c.716 §6; 1987 c.708 §3; 1993 c.694 §4; 2001 c.302 §5; 2023 c.238 §5]

Source: Section 98.336 — Wages or property held by government and public authorities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).