ORS § 97.944 — OR Code / Title 10 / Chapter 97 / Section 97.944
97.944 Distributions from preconstruction trust fund deposits
Status: in_force

(1) A depository may not make any distributions from preconstruction sales contract trust deposits except as provided in this section.

(2) Intentionally left blank —Ed.

(a) The construction or development of undeveloped interment spaces shall be commenced on the phase of construction or development, or the section or sections of spaces in which sales are made within five years of the date of the first sale. The certified provider who sold the preconstruction sales contract shall give written notice including a description of the project to the Director of the Department of Consumer and Business Services no later than 30 days after the first sale.

(b) Once commenced, construction or development shall be pursued diligently to completion. The first phase of construction must be completed within seven years of the first sale. However, any delay caused by strike, shortage of materials, civil disorder, natural disaster or any similar occurrence beyond the control of the certified provider extends the time of completion by the length of a delay.

(c) If construction or development is not commenced or completed within the times specified, any contract purchaser may surrender and cancel the contract and upon cancellation shall be entitled to a refund of the actual amounts paid toward the purchase price, together with interest accrued on the amount deposited to the trust.

(3) Except as otherwise authorized by this section, every certified provider selling undeveloped spaces shall provide facilities for temporary interment for purchasers or beneficiaries of contracts who die prior to completion of the space. Such temporary facilities shall be constructed of permanent materials, and, insofar as practical, be landscaped and groomed to the extent customary in that community. The heirs, assigns or personal representative of a purchaser or beneficiary shall not be required to accept temporary underground interment space where undeveloped space contracted for was an aboveground entombment or inurnment space. In the event that temporary facilities as described in this subsection are not made available upon the death of a purchaser or beneficiary, the heirs, assigns or personal representative is entitled to a refund of the entire sales price paid plus undistributed interest attributable to such amount while in trust.

(4) If the certified provider who sold the preconstruction sales contract delivers a completed space acceptable to the heirs, assigns or personal representative of a purchaser or beneficiary, other than a temporary facility, in lieu of the undeveloped space purchased, the certified provider shall provide the depository with a delivery certificate and all sums deposited under the preconstruction sales contract and income allocable to that contract shall be paid to the certified provider.

(5) During the construction or development of interment spaces, upon receiving the sworn certification of the certified provider who sold the preconstruction sales contract and the contractor, the depository shall disburse from the trust fund the amount equivalent to the cost of performed labor or delivered materials as certified, not to exceed the amounts deposited and income allocable to those contracts. A person who executes and delivers a completion certificate with actual knowledge of a falsity contained therein shall be considered in violation of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) and 692.180 (Grounds for revocation, suspension or refusal to issue or renew licenses or certificates) .

(6) Upon completion of the phase of construction or development, section or sections of the project as certified to the depository by the certified provider and the contractor, the trust requirements shall terminate and all funds held in the preconstruction sales contract trust fund attributable to the completed phase, section or sections shall be paid to the certified provider who sold the preconstruction sales contract.

(7) Upon the payment to a certified provider of preconstruction sales contract trust funds under subsection (4) or (6) of this section, the undistributed income of the trust shall be paid to:

(a) The certified provider who sold the contract if the contract is a guaranteed contract; or

(b) The contract purchaser, or the purchaser’s estate, if the contract is a nonguaranteed contract.

(8) If the preconstruction sales contract purchaser defaults in making payments under an installment preconstruction sales contract, and default continues for at least 30 days after the purchaser has received written notice of default, the certified provider who sold the contract may cancel the contract and withdraw from the trust fund the entire balance of the defaulting purchaser’s account as liquidated damages. Upon certification of the default, the depository shall deliver the balance to the certified provider. The depository may rely on the certification and affidavits made to it under the provisions of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) , 97.992 (Penalties for ORS 97.937) , 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) and 692.180 (Grounds for revocation, suspension or refusal to issue or renew licenses or certificates) and shall not be liable to any person for such reliance. [Formerly 128.430; 2007 c.661 §21]

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

Source: Section 97.944 — Distributions from preconstruction trust fund deposits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.555 — OR Code / Title 10 / Chapter 90 / Section 90.555
90.555 Subleasing agreements
Status: in_force

(1) As used in this section:

(a) “Actively markets for sale” means that the facility tenant:

(A) Places a for-sale sign on the dwelling or home;

(B) Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale; and

(C) Advertises the dwelling or home for sale in a newspaper or online.

(b) “Facility landlord” means the landlord of the facility.

(c) “Facility tenant” means the owner of the manufactured dwelling or floating home, who is the tenant of the facility landlord under the rental agreement.

(d) “Rental agreement” means the rental agreement between the facility landlord and facility tenant.

(e) “Renter” means a person other than the facility tenant who is lawfully occupying the manufactured dwelling or floating home under a subleasing agreement.

(f) “Subleasing agreement” means the written agreement between the facility landlord, facility tenant, and renter concerning the occupancy of the renter and the rights of the parties.

(2) A facility tenant may not rent the facility tenant’s manufactured dwelling or floating home to another person for a period exceeding three days unless the facility landlord, facility tenant and renter enter into a written subleasing agreement specifying the rights and obligations of the facility landlord, facility tenant and renter during the renter’s occupancy of the dwelling or home. The subleasing agreement shall require the renter to timely pay to the facility landlord the space rent, any separately assessed fees payable under the rental agreement and any separately billed utility or service charge described in ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) . The subleasing agreement shall also grant the renter the same rights as the facility tenant to cure a violation of the rental agreement for the facility space, to require the facility landlord to comply with ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) and to be protected from retaliatory conduct under ORS 90.765 (Prohibitions on retaliatory conduct by landlord) . This subsection does not authorize a facility tenant to sublease to a renter in violation of the rental agreement.

(3) Notwithstanding ORS 90.100 (Definitions) (51), a facility tenant who enters into a subleasing agreement remains the tenant of the facility space and retains all rights and obligations under the rental agreement and this chapter. The occupancy by a renter does not constitute abandonment of the dwelling or home by the facility tenant.

(4) The rights and obligations of the renter under a subleasing agreement are in addition to the rights and obligations retained by the facility tenant under subsection (3) of this section and any rights or obligations of the facility tenant and renter under ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation) .

(5) Unless otherwise provided in the subleasing agreement, and without regard to whether the facility landlord terminates the rental agreement, a facility landlord may terminate a subleasing agreement:

(a) Without cause by giving the renter written notice not less than 30 days prior to the termination;

(b) If a condition described in ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b) exists for the facility space, by giving the renter the same notice to which the facility tenant is entitled under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b); or

(c) Subject to the right to cure:

(A) For nonpayment of facility space rent under ORS 90.394 (Termination of tenancy for failure to pay rent) or 90.630 (Termination by landlord) ; or

(B) For any conduct by the renter that would be a violation of the rental agreement under ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.398 (Termination of tenancy for drug or alcohol violations) if committed by the facility tenant.

(6) Upon termination of a subleasing agreement by the facility landlord, whether with or without cause, the renter and the facility tenant are excused from continued performance under any subleasing agreement.

(7) Intentionally left blank —Ed.

(a) If, during the term of a subleasing agreement, the facility landlord gives notice to the facility tenant of a rental agreement violation, a law or ordinance violation or the facility’s closure, conversion or sale, the landlord shall also promptly give a copy of the notice to the renter. The giving of notice to the renter does not constitute notice to the facility tenant unless the facility tenant has expressly appointed the renter as the facility tenant’s agent for purposes of receiving notice.

(b) If the facility landlord gives notice to the renter that the landlord is terminating the subleasing agreement, the landlord shall also promptly give a copy of the notice to the facility tenant by written notice.

(c) If, during the term of a subleasing agreement, the facility tenant gives notice to the facility landlord of a rental agreement violation, termination of tenancy or sale of the manufactured dwelling or floating home, the facility tenant shall also promptly give a copy of the notice to the renter.

(d) If the renter gives notice to the facility landlord of a violation of ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) , the renter shall also promptly give a copy of the notice to the facility tenant.

(8) Before entering into a sublease agreement, the facility landlord may screen a renter under ORS 90.303 (Evaluation of applicant) , but may not apply to the renter credit and conduct screening criteria that is more restrictive than the landlord applies to applicants for a tenancy of a dwelling or home that is either owned by the landlord or on consignment with the landlord under ORS 90.680 (Sale of dwelling or home on rented space) .

(9) Notwithstanding subsection (2) of this section, if a facility landlord rents or has a policy of renting manufactured dwellings or floating homes that are listed for sale by the facility landlord, the facility landlord may not prohibit the facility tenant from entering into a subleasing agreement while the facility tenant actively markets for sale the facility tenant’s manufactured dwelling or floating home. [2007 c.831 §2; 2011 c.42 §12; 2013 c.443 §10; 2015 c.217 §8; 2019 c.268 §3; 2019 c.625 §55; 2021 c.260 §14; 2023 c.72 §46; 2023 c.250 §5; 2023 c.549 §2c]

Source: Section 90.555 — Subleasing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.685 — OR Code / Title 10 / Chapter 94 / Section 94.685
94.685 Specification of insurance for individual lots
Status: in_force

(1) Unless provided in the declaration, the bylaws shall specify:

(a) The insurance an owner must obtain, if any;

(b) The insurance, if any, an individual owner is precluded from obtaining;

(c) The responsibility for payment of the amount of the deductible in an association insurance policy; and

(d) Whether or not the insurance coverage obtained and maintained by the board of directors may be brought into contribution with insurance bought by owners or their mortgagees.

(2) The declaration or bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [1981 c.782 §54; 1999 c.677 §23; 2007 c.409 §16]

Source: Section 94.685 — Specification of insurance for individual lots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.639 — OR Code / Title 10 / Chapter 105 / Section 105.639
105.639 Disclaimer by appointee, object or taker in default of exercise of power of appointment
Status: in_force

(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

(2) A disclaimer of an interest in property by a person who is an object of an exercise of a power of appointment, or by a person who is a taker in default of an exercise of a power of appointment, takes effect as of the time the instrument creating the power becomes irrevocable. [2001 c.245 §10]

Source: Section 105.639 — Disclaimer by appointee, object or taker in default of exercise of power of appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.970 — OR Code / Title 10 / Chapter 105 / Section 105.970
105.970 Prospective application
Status: in_force

(1) Except as extended by subsection (2) of this section, ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

(2) If a nonvested property interest or a power of appointment was created before January 1, 1990, and is determined in a judicial proceeding, commenced on or after January 1, 1990, to violate this state’s rule against perpetuities as that rule existed before January 1, 1990, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [1989 c.208 §5]

Source: Section 105.970 — Prospective application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.670 — OR Code / Title 10 / Chapter 97 / Section 97.670
97.670 Selling land unsuited for burials
Status: in_force

If in the board of directors’ opinion, any portion of the lands of a nonprofit corporation organized and existing solely for the purposes of either owning or operating a cemetery or the cremation or reduction of bodies of deceased persons and the burial and care of cremated or reduced remains is unsuitable for burial purposes or other purposes of the corporation, the board of directors may sell such portion and apply the proceeds to the general purposes of such corporation in the same proportion and manner as provided by ORS 97.660 (Lands of cemetery, crematory or reduction corporation) to 97.680 (Recording plan) . [Formerly 65.865; 2021 c.296 §14]

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

Source: Section 97.670 — Selling land unsuited for burials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.149 — OR Code / Title 10 / Chapter 105 / Section 105.149
105.149 Hearing on compliance with order
Status: in_force

(1) Upon receipt of a timely filed request for hearing described in ORS 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) , the clerk of the court:

(a) Shall schedule a hearing on the defendant’s request as soon as practicable;

(b) Shall notify both parties of the hearing date;

(c) Shall mail or send by facsimile a copy of the defendant’s request to the plaintiff; and

(d) May not issue a writ of execution of judgment of restitution pending the hearing.

(2) Intentionally left blank —Ed.

(a) At the hearing, except as provided in paragraph (b) of this subsection, the court may consider only the following issues:

(A) Whether the defendant complied with the order.

(B) Whether the plaintiff complied with any requirement of the order that is a predicate to compliance by the defendant.

(C) Whether the parties agreed to modify the order and complied with the modified order.

(D) Whether one party unfairly prevented compliance by the other party.

(b) If ORS chapter 90 applies to a dwelling unit, in addition to the issues described in paragraph (a) of this subsection, the court may consider the following issues:

(A) Whether the stipulated agreement was entered into in good faith as required by ORS 90.130 (Obligation of good faith) or is unconscionable as described in ORS 90.135 (Unconscionability) .

(B) Whether, for a defendant whose noncompliance concerns performance or conduct, the noncompliance constitutes good cause for purposes of an applicable law or contract that requires the plaintiff to have good cause for terminating the tenancy.

(C) Whether, for a defendant whose noncompliance concerns a failure to pay rent due for future rental periods pursuant to ORS 105.146 (Failure of defendant to perform as ordered) (2)(c), the defendant has claims against the plaintiff for moneys that offset the rent. The defendant’s claims must be pursuant to ORS chapter 90 or the rental agreement and must have arisen after the entry of the order.

(c) The defendant may not raise defenses or claims involving issues other than issues described in paragraphs (a) and (b) of this subsection.

(3) If the court finds in favor of the plaintiff after the hearing, the clerk may issue a writ of execution of judgment of restitution. If the defendant did not appear at the hearing, the clerk may issue the writ immediately. If the defendant did appear, the clerk may issue the writ no earlier than 24 hours after the court’s ruling. Further notice to the defendant is not required.

(4) If the court finds in favor of the defendant after the hearing, the court shall set aside the judgment. The court may reinstate the order, terminate the order and enter a judgment dismissing the plaintiff’s action in favor of the defendant, enter a new order or schedule a trial on the plaintiff’s action as soon as practicable. [2001 c.596 §12 ( 105.146 (Failure of defendant to perform as ordered) , 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order) enacted in lieu of 105.147); 2003 c.378 §25; 2005 c.391 §36]

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

Source: Section 105.149 — Hearing on compliance with order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.445 — OR Code / Title 10 / Chapter 90 / Section 90.445
90.445 Termination of tenant who commits criminal act of physical violence
Status: in_force

(1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may:

(a) Terminate the rental agreement of the perpetrating tenant, but may not terminate the rental agreement of the other tenants; and

(b) If the perpetrator of the criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking continues to occupy the premises after the termination date and time specified in the notice, seek a court order under ORS 105.128 (Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit) to remove the perpetrator from the premises and terminate the perpetrator’s tenancy without seeking a return of possession from the remaining tenants.

(2) A landlord that terminates the tenancy of a perpetrator under this section may not require the remaining tenants to pay additional rent or an additional deposit or fee due to exclusion of the perpetrator.

(3) The perpetrator is jointly liable with any other tenants of the dwelling unit for rent or damages to the premises incurred prior to the later of the date the perpetrator vacates the premises or the termination date specified in the notice.

(4) The landlord’s burden of proof in a removal action sought under this section is by a preponderance of the evidence. [2007 c.508 §3; 2023 c.549 §1b]

Source: Section 90.445 — Termination of tenant who commits criminal act of physical violence; protection for remaining tenants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.260 — OR Code / Title 10 / Chapter 105 / Section 105.260
105.260 Power of court over report
Status: in_force

The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265 (Persons not affected by judgment) , the judgment is binding and conclusive:

(1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

(2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

(3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

(4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230 (Service by publication) .

(5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 §363]

Source: Section 105.260 — Power of court over report; final judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.200 — OR Code / Title 10 / Chapter 97 / Section 97.200
97.200 Disposition of remains after use
Status: in_force

(1) An institution that uses a body for ongoing research pursuant to ORS 97.170 (Disposition of unclaimed body of deceased person) shall bury respectfully or cremate or reduce the remains upon completion of use. If the institution cremates or reduces the remains, the institution shall deliver the cremated or reduced remains to a relative of the deceased person if a relative is known to the institution. If no relative is known to the institution, the institution shall hold the cremated or reduced remains for three years after cremation or reduction and may then dispose of the cremated or reduced remains in a respectful manner. The institution shall pay burial, cremation, reduction, storage and delivery expenses for a body the institution used pursuant to ORS 97.170 (Disposition of unclaimed body of deceased person) .

(2) Notwithstanding subsection (1) of this section, an institution that uses a body pursuant to ORS 97.170 (Disposition of unclaimed body of deceased person) only for instruction on preservation of a body shall, upon completion of use, return the body to the funeral establishment from where the institution received the body. [Amended by 2015 c.651 §4; 2021 c.296 §9]

Source: Section 97.200 — Disposition of remains after use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.368 — OR Code / Title 10 / Chapter 90 / Section 90.368
90.368 Repair of minor habitability defect
Status: in_force

(1) As used in this section, “minor habitability defect”:

(a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches.

(b) Does not mean the presence of mold, radon, asbestos or lead-based paint.

(2) If, contrary to ORS 90.320 (Landlord to maintain premises in habitable condition) , the landlord fails to repair a minor habitability defect, the tenant may cause the repair of the defect and deduct from the tenant’s subsequent rent obligation the actual and reasonable cost of the repair work, not to exceed $300.

(3) Intentionally left blank —Ed.

(a) Prior to causing a repair under subsection (2) of this section, the tenant shall give the landlord written notice:

(A) Describing the minor habitability defect; and

(B) Stating the tenant’s intention to cause the repair of the defect and deduct the cost of the repair from a subsequent rent obligation if the landlord fails to make the repair by a specified date.

(b) The specified date for repair contained in a written notice given to a landlord under this subsection must be at least seven days after the date the notice is given to the landlord.

(c) If the landlord fails to make the repair by the specified date, the tenant may use the remedy provided by subsection (2) of this section.

(d) Service or delivery of the required written notice shall be made as provided under ORS 90.155 (Service or delivery of written notice) .

(4) Intentionally left blank —Ed.

(a) Any repair work performed under this section must be performed in a workmanlike manner and be in compliance with state statutes, local ordinances and the state building code.

(b) The landlord may specify the people to perform the repair work if the landlord’s specifications are reasonable and do not diminish the tenant’s rights under this section.

(c) The tenant may not perform work to repair the defect.

(d) To deduct the repair cost from the rent, the tenant must provide to the landlord a written statement, prepared by the person who made the repair, showing the actual cost of the repair.

(5) A tenant may not cause the repair of a defect under this section if:

(a) Within the time specified in the notice, the landlord substantially repairs the defect;

(b) After the time specified in the notice, but before the tenant causes the repair to be made, the landlord substantially repairs the defect;

(c) The tenant has prevented the landlord from making the repair;

(d) The defect was caused by a deliberate or negligent act or omission of the tenant or of a person on the premises with the tenant’s consent;

(e) The tenant knew of the defect for more than six months before giving notice under this section; or

(f) The tenant has previously used the remedy provided by this section for the same occurrence of the defect.

(6) If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1) as to that breach, but may use any other available remedy in addition to the remedy provided by this section. [2007 c.508 §2]

Source: Section 90.368 — Repair of minor habitability defect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.459 — OR Code / Title 10 / Chapter 90 / Section 90.459
90.459 Change of locks at request of victim
Status: in_force

(1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault, bias crime or stalking and may request that the locks to the dwelling unit be changed. A tenant is not required to provide verification of the domestic violence, sexual assault, bias crime or stalking to initiate the changing of the locks.

(2) A landlord who receives a request under subsection (1) of this section shall promptly change the locks to the tenant’s dwelling unit at the tenant’s expense or shall give the tenant permission to change the locks. If a landlord fails to promptly act, the tenant may change the locks without the landlord’s permission. If the tenant changes the locks, the tenant shall give a key to the new locks to the landlord.

(3) If the perpetrator of the domestic violence, sexual assault, bias crime or stalking is a tenant in the same dwelling unit as the victim:

(a) Before the landlord or tenant changes the locks under this section, the tenant must provide the landlord with a copy of an order issued by a court pursuant to ORS 107.716 (Hearing) or 107.718 (Restraining order) or any other federal, state, local or tribal court that orders the perpetrator to move out of the dwelling unit.

(b) The landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit or provide keys to the perpetrator, during the term of the court order or after expiration of the court order, or to provide the perpetrator access to the perpetrator’s personal property within the dwelling unit. Notwithstanding ORS 90.425 (Disposition of personal property abandoned by tenant) , 90.435 (Limitation on recovery of possession of premises) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) , if a landlord complies completely and in good faith with this section, the landlord is not liable to a perpetrator excluded from the dwelling unit.

(c) The perpetrator is jointly liable with any other tenant of the dwelling unit for rent or damages to the dwelling unit incurred prior to the date the perpetrator was excluded from the dwelling unit.

(d) Except as provided in subsection (2) of this section, the landlord may not require the tenant to pay additional rent or an additional deposit or fee because of the exclusion of the perpetrator.

(e) The perpetrator’s tenancy terminates by operation of law upon an order described in paragraph (a) of this subsection becoming a final order. [2003 c.378 §5; 2007 c.508 §11; 2023 c.549 §2b]

Source: Section 90.459 — Change of locks at request of victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 98.240 — OR Code / Title 10 / Chapter 98 / Section 98.240
98.240 Fees allowed to justice of peace and constable or sheriff
Status: in_force

A justice of the peace shall receive $9 for each day’s service rendered pursuant to ORS 98.160 (Inventory and order to sell) to 98.230 (Sale of perishable property) ; and a constable or sheriff shall receive the same fees as are allowed by law for sales upon an execution, and 50 cents a folio for making an inventory of property. [Amended by 1963 c.228 §4; 1965 c.619 §33]

Source: Section 98.240 — Fees allowed to justice of peace and constable or sheriff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.342 — OR Code / Title 10 / Chapter 98 / Section 98.342
98.342 Miscellaneous personal property held for another person
Status: in_force

(1) All intangible personal property, not otherwise covered by 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) , including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.

(2) Property is payable or distributable for the purpose of 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) notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment. [1957 c.670 §11; 1983 c.716 §7; 2001 c.302 §7]

Source: Section 98.342 — Miscellaneous personal property held for another person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.978 — OR Code / Title 10 / Chapter 97 / Section 97.978
97.978 Resolution of conflict between potential anatomical gift and advance directive
Status: in_force

(1) As used in this section:

(a) “Advance directive” has the meaning given that term in ORS 127.505 (Definitions for ORS 127.505 to 127.660) .

(b) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(c) “Health care decision” means any decision regarding the health care of a prospective donor.

(2) If a prospective donor has a declaration or advance directive and the terms of the declaration or advance directive and the express or implied terms of a potential anatomical gift are in conflict regarding administration of measures necessary to ensure the medical suitability of a body part for transplantation, therapy, research or education, the prospective donor and the prospective donor’s attending physician shall confer to resolve the conflict.

(3) If the prospective donor is incapable of resolving the conflict, one of the following persons shall act for the prospective donor to resolve the conflict:

(a) An agent acting under the prospective donor’s declaration or advance directive; or

(b) If an agent is not named in the declaration or advance directive or the agent is not reasonably available, another person authorized by law, other than in ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) , to make health care decisions for the prospective donor.

(4) The conflict must be resolved as expeditiously as possible.

(5) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any person authorized under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) to make an anatomical gift for the prospective donor.

(6) During the resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor unless withholding or withdrawing the measures is medically indicated by appropriate end of life care. [2007 c.681 §18]

Note: See note under 97.951 (Short title) .

Source: Section 97.978 — Resolution of conflict between potential anatomical gift and advance directive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.280 — OR Code / Title 10 / Chapter 105 / Section 105.280
105.280 How sale made
Status: in_force

All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.

Source: Section 105.280 — How sale made; notice of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.688 — OR Code / Title 10 / Chapter 105 / Section 105.688
105.688 Applicability of immunities from liability for owner of land
Status: in_force

(1) Except as specifically provided in ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (Duty of care or liability not created) , the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to:

(a) All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605 (Definitions) ;

(b) All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the land described in paragraph (a) of this subsection;

(c) All paths, trails, roads, watercourses and other rights of way while being used by a person to reach land for recreational purposes, gardening, woodcutting or the harvest of special forest products, that are on land adjacent to the land that the person intends to use for recreational purposes, gardening, woodcutting or the harvest of special forest products, and that have not been improved, designed or maintained for the specific purpose of providing access for recreational purposes, gardening, woodcutting or the harvest of special forest products; and

(d) All machinery or equipment on the land described in paragraph (a) of this subsection.

(2) The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to land if the owner transfers an easement to a public body to use the land.

(3) Except as provided in subsections (4) to (7) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) do not apply if the owner makes any charge for permission to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

(4) If the owner charges for permission to use the owner’s land for one or more specific recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than the activities for which the charge is imposed. If the owner charges for permission to use a specified part of the owner’s land for recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(5) The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for gardening do not apply if the owner charges more than $25 per year for the use of the land for gardening. If the owner charges more than $25 per year for the use of the land for gardening, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than gardening. If the owner charges more than $25 per year for permission to use a specific part of the owner’s land for gardening and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(6) The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for woodcutting do not apply if the owner charges more than $75 per cord for permission to use the land for woodcutting. If the owner charges more than $75 per cord for the use of the land for woodcutting, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than woodcutting. If the owner charges more than $75 per cord for permission to use a specific part of the owner’s land for woodcutting and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(7) The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for the harvest of special forest products do not apply if the owner makes any charge for permission to use the land for the harvest of special forest products. If the owner charges for permission to use the owner’s land for the harvest of special forest products, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than the harvest of special forest products. If the owner charges for permission to use a specific part of the owner’s land for harvesting special forest products and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(8) Notices under subsections (4) to (7) of this section may be given by posting, as part of a receipt, or by such other means as may be reasonably calculated to apprise a person of:

(a) The limited uses of the land for which the charge is made, and the immunities provided under ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for other uses of the land; or

(b) The portion of the land the use of which is subject to the charge, and the immunities provided under ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for the remainder of the land. [1995 c.456 §4; 1999 c.872 §7; 2001 c.206 §1; 2009 c.532 §2; 2010 c.52 §2]

Source: Section 105.688 — Applicability of immunities from liability for owner of land; restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.310 — OR Code / Title 10 / Chapter 105 / Section 105.310
105.310 Setting off estate for life or years in part not sold
Status: in_force

When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.

Source: Section 105.310 — Setting off estate for life or years in part not sold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.915 — OR Code / Title 10 / Chapter 93 / Section 93.915
93.915 Notice of default
Status: in_force

(1) In the event of a default under a contract for conveyance of real property, a seller who wishes to enforce a forfeiture remedy must give written notice of default by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives, if any:

(a) The purchaser.

(b) An occupant of the property.

(c) Any person who has caused to be filed for record in the county clerk’s office of a county in which any part or parcel of the real property is situated, a duly acknowledged request for a copy of any notice of default served upon or mailed to the purchaser. The request shall contain the name and address of the person requesting copies of the notice and shall identify the contract by stating the names of the parties to the contract, the date of recordation of the contract and the book and page where the contract is recorded. The county clerk shall immediately make a cross-reference of the request to the contract, either on the margin of the page where the contract is recorded or in some other suitable place. No request, statement or notation placed on the record pursuant to this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the contract.

(2) Notices served by mail are effective when mailed.

(3) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the contract will be forfeited if the purchaser does not cure the default and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the contract will be forfeited may not be less than:

(a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;

(b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or

(c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.

(4) 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 notice, together with an affidavit of service or mailing of the notice of default, reciting the date the notice was served or mailed and the name and address of each person to whom it was given. From the date of recording, the notice and affidavit shall constitute constructive notice to third persons of the pending forfeiture. If, not later than one year after the time for cure stated in a recorded notice and affidavit or any recorded extension thereof, no declaration of forfeiture based upon the recorded notice and affidavit has been recorded and no extension of time for cure executed by the seller has been recorded, the notice and affidavit shall not be effective for any purpose nor shall it impart any constructive or other notice to third persons acquiring an interest in the purchaser’s interest in the contract or the property or any portion of either. Any extension of time for cure executed by the seller shall be recorded in the same manner as the original notice and affidavit.

(5) The statement contained in the notice as to the time after which the contract will be forfeited if the default is not cured shall conclusively be presumed to be correct, and the notice adequate, unless one or more recipients of such notice notifies the seller or the attorney for the seller, by registered or certified mail, that such recipient claims the right to a longer period of time in which to cure the default.

(6) Subject to the procedural requirements of the Oregon Rules of Civil Procedure and the Oregon Receivership Code, as applicable, an action may be instituted to appoint a receiver or to obtain a temporary restraining order during forfeiture under a land sale contract, except that a receiver shall not be appointed with respect to a single-family residence which is occupied at the time the notice of default is given, as the principal residence of the purchaser, the purchaser’s spouse or the purchaser’s minor dependent children. [1985 c.718 §3; 1987 c.717 §1; 1991 c.12 §1; 2017 c.358 §49]

Source: Section 93.915 — Notice of default; contents; recordation; time of forfeiture; interim measures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.643 — OR Code / Title 10 / Chapter 105 / Section 105.643
105.643 When disclaimer barred or limited
Status: in_force

(1) A disclaimer is barred by a written waiver of the right to disclaim.

(2) A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:

(a) The disclaimant accepts the interest sought to be disclaimed;

(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or

(c) The interest sought to be disclaimed is sold pursuant to a judicial sale.

(3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

(4) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(5) A disclaimer is barred or limited if so provided by a law other than ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) .

(6) A disclaimer is barred if the purpose or effect of the disclaimer is to prevent recovery of money or property to be applied against a judgment for restitution under ORS 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim) .

(7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) had the disclaimer not been barred. [2001 c.245 §13; 2007 c.483 §1]

Source: Section 105.643 — When disclaimer barred or limited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.800 — OR Code / Title 10 / Chapter 93 / Section 93.800
93.800 Matter not to be recorded when accompanying short form instrument
Status: in_force

(1) A county clerk may not record matter accompanying a short form instrument presented for recording if the matter:

(a) Purports to be copied or reproduced from a master form instrument recorded and identified as required by ORS 93.780 (Recordation of master form instrument) ;

(b) Is preceded by the words “do not record” or “not to be recorded”; and

(c) Is separated from the short form instrument so that it will not appear on a photographic reproduction of any page containing a part of the short form instrument.

(2) Notwithstanding any law to the contrary, a county clerk is not liable for refusing to record matter the county clerk is prohibited by this section from recording. [1969 c.583 §4; 2012 c.6 §5]

Source: Section 93.800 — Matter not to be recorded when accompanying short form instrument; liability for nonrecording , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.873 — OR Code / Title 10 / Chapter 94 / Section 94.873
94.873 Escrow account
Status: in_force

(1) All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on behalf of a purchaser or prospective purchaser in connection with the purchase or reservation of a timeshare must be placed in an escrow account with an escrow agent authorized under ORS 94.881 (Who may serve as escrow agent) or the trustee of a lien payment trust established under ORS 94.890 (Lien payment trust) .

(2) The establishment of an escrow account under subsection (1) of this section shall be by written agreement between the developer and the escrow agent. The escrow agreement must provide for the handling of a purchaser’s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds as required by ORS 94.873 (Escrow account) to 94.905 (Surety bond) .

(3) A purchaser’s funds, negotiable instruments, purchase money agreements, credit card authorizations and any proceeds may be released from escrow without a closing only as follows:

(a) If the purchaser gives a valid notice of cancellation under ORS 94.836 (Cancellation of purchase within five days) , to the purchaser within 15 days after the notice of cancellation is received.

(b) If the purchaser or developer properly terminates a sales agreement under its terms or terminates a reservation agreement, to the purchaser or developer according to the terms of the sales agreement or reservation agreement.

(c) If the purchaser or developer defaults in performing an obligation under the sales agreement, to the purchaser or developer according to the terms of the sales agreement.

(4) After an escrow closing for the sale of a timeshare, a purchaser’s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds shall be delivered by the escrow agent:

(a) To the trustee of a lien payment trust established under ORS 94.890 (Lien payment trust) to protect the purchaser from any blanket encumbrance.

(b) As provided by an alternative arrangement approved by the Real Estate Commissioner under ORS 94.900 (Alternative to lien payment trust) .

(c) To the developer if the timeshare is conveyed to the purchaser free and clear of any blanket encumbrance or as provided in ORS 94.876 (Requirements for closing escrow) .

(5) Under no circumstances may the escrow agent release a purchaser’s funds, negotiable instruments, purchase money agreements or credit card authorizations or proceeds from the escrow account to anyone except the purchaser until:

(a) The five-day cancellation period under ORS 94.836 (Cancellation of purchase within five days) expires as to the purchaser whose funds, instruments, agreements, authorizations or proceeds are being released;

(b) The escrow agent receives a written statement from the developer that no valid cancellation notice under ORS 94.836 (Cancellation of purchase within five days) has been received from the purchaser involved or from the purchaser that the purchaser has not given such a notice; and

(c) The escrow agent receives a written statement from the developer that no other cancellation notice was received during the five-day cancellation period from the purchaser involved.

(6) The purpose of any escrow established under this section shall be to protect a purchaser’s right to a refund if the purchaser cancels the timeshare sales agreement during the five-day cancellation period under ORS 94.836 (Cancellation of purchase within five days) , or if a prospective purchaser cancels a reservation agreement for the purchase of a timeshare.

(7) As used in this section “reservation agreement” means an agreement relating to the future sale of a timeshare that is not binding on the purchaser which grants the purchaser the right to cancel the agreement for any reason without penalty and to obtain a refund of any funds deposited at any time until the purchaser executes a timeshare sales agreement. [1983 c.530 §29; 2017 c.354 §4]

Source: Section 94.873 — Escrow account; closing; release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.148 — OR Code / Title 10 / Chapter 90 / Section 90.148
90.148 Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
Status: in_force

The surrender of a dwelling unit may be implied from the landlord’s acceptance of a tenant’s abandonment or relinquishment of the right to occupy. The landlord’s acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy. A landlord’s receipt of the keys to the dwelling unit or a landlord’s reasonable efforts to mitigate the landlord’s damages by attempting to rent the dwelling unit to a new tenant shall not constitute acts inconsistent with the existence of the tenancy. Reasonable efforts to mitigate damages include preparing the unit for rental. [1999 c.603 §2]

Note: 90.148 (Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy) 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 90.148 — Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.870 — OR Code / Title 10 / Chapter 97 / Section 97.870
97.870 Unused and uncared for portions of cemetery declared common nuisances
Status: in_force

(1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period sold lots, subdivisions of lots, pieces or parcels of the cemetery for burial purposes and the grantee or party claiming through the grantee has not used portions of such lots, subdivisions of lots, pieces or parcels of the cemetery for purposes of burial and has not kept them free of weeds or brush, but has allowed them to remain entirely unused for more than 40 years or uncared for and unused for more than 20 years prior to the adoption of the resolution provided for in ORS 97.880 (Resolution declaring a nuisance) , and such lots, subdivisions of lots, pieces and parcels of the cemetery are adjacent to improved parts thereof, and by reason of their uncared-for condition detract from the appearance of the cemetery and interfere with the harmonious improvement thereof, and furnish a place for the propagation of weeds and brush, thereby becoming a menace to adjacent property, such lots, subdivisions of lots, pieces and parcels of such cemetery, which are unused and uncared for as aforesaid, hereby are declared to be a common nuisance and contrary to public policy.

(2) The provisions of this section are not applicable to portions of cemeteries which have been or are sold with agreements between the cemetery authority or its successor in interest, or both, and the grantee providing for endowment care, permanent maintenance or free care. [Amended by 1965 c.396 §7; 2007 c.661 §9]

Source: Section 97.870 — Unused and uncared for portions of cemetery declared common nuisances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.435 — OR Code / Title 10 / Chapter 105 / Section 105.435
105.435 Authority of receiver
Status: in_force

(1) A receiver appointed by the court pursuant to ORS 105.420 (Findings) to 105.455 (Short title) may, unless specifically limited by the court:

(a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;

(b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;

(c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;

(d) Dispose of any or all abandoned personal property found at the structure;

(e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and

(f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.

(2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.

(3) All abatement work done under ORS 105.420 (Findings) to 105.455 (Short title) is exempt from the public contracting statutes set forth in ORS 279C.005 (Definitions) , 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) and 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court) and ORS chapters 279A and 279B, except ORS 279A.125 (Preference for recycled materials) , 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) and 279B.235 (Condition concerning hours of labor) . [1989 c.649 §§5,6; 2003 c.794 §196; 2019 c.191 §3; 2021 c.97 §11]

Source: Section 105.435 — Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.925 — OR Code / Title 10 / Chapter 93 / Section 93.925
93.925 Failure to cure default
Status: in_force

Notwithstanding a seller’s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915 (Notice of default) , the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of performance. The notice required in ORS 93.915 (Notice of default) shall be in lieu of any notice that may be required under the terms of the contract itself, except where greater notice or notice to persons other than those described in ORS 93.915 (Notice of default) is required by the terms of the contract, in which case notice shall be given for such longer period of time and to such additional persons as required by the contract. [1985 c.718 §5]

Source: Section 93.925 — Failure to cure default; exclusiveness of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.120 — OR Code / Title 10 / Chapter 100 / Section 100.120
100.120 Supplemental declaration and plat required to annex additional property or reclassify variable property
Status: in_force

(1) Intentionally left blank —Ed.

(a) To annex additional property to the condominium under ORS 100.125 (Annexation of additional property) or to reclassify or redesignate variable property under ORS 100.150 (Declarant’s options until termination date) (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section.

(b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat.

(2) The supplemental plat must comply with ORS 100.115 (Recording declaration and plat) and the supplemental declarations must:

(a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws.

(b) Be consistent with the provisions of the original declaration prepared pursuant to ORS 100.105 (Contents of declaration) and any prior recorded supplemental declarations.

(c) Contain the information required by ORS 100.105 (Contents of declaration) (1) insofar as that information relates to the property being annexed or reclassified.

(d) State the allocation of undivided interest in the common elements of each unit previously submitted to the provisions of this chapter upon the creation or annexation of the additional property.

(e) If a stage being annexed contains any variable property, include the information required under ORS 100.105 (Contents of declaration) (7) insofar as that information relates to the property being annexed. The termination date must be consistent with the information included in the declaration in accordance with ORS 100.105 (Contents of declaration) (2)(b) but may not exceed seven years from the recording of the conveyance of the first unit in the stage to a person other than the declarant.

(3) If the Condominium Information Report and the Annual Report described in ORS 100.250 (Documents required to be filed with Real Estate Agency) are designated current as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) , all supplemental declarations and plats shall be approved, executed and recorded as provided in ORS 100.100 (Property submitted to unit ownership by declaration) , 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.115 (Recording declaration and plat) . A unit being annexed or created by a supplemental declaration may not be conveyed until after the recording.

(4) To withdraw all or a portion of withdrawable variable property from a flexible condominium pursuant to ORS 100.150 (Declarant’s options until termination date) (1)(b), a supplemental declaration and plat must be recorded in accordance with subsection (3) of this section. The supplemental plat must comply with ORS 100.115 (Recording declaration and plat) (2) and the supplemental declaration must:

(a) Be consistent with the provisions of the declaration or supplemental declaration drawn pursuant to ORS 100.105 (Contents of declaration) (7).

(b) Include a metes and bounds legal description of the variable property being withdrawn.

(c) Include a metes and bounds legal description of the resulting boundaries of the condominium after the withdrawal.

(d) State whether any variable property remains that may be reclassified, redesignated or withdrawn from the condominium under ORS 100.150 (Declarant’s options until termination date) (1) and, if property may be withdrawn, include the statement required under ORS 100.105 (Contents of declaration) (7)(m).

(e) If any withdrawable variable property is being redesignated as “nonwithdrawable variable property” under ORS 100.150 (Declarant’s options until termination date) (1), include the information required under ORS 100.105 (Contents of declaration) (7)(L) and any other information required by rule of the Real Estate Commissioner.

(5) Except as provided in subsection (6) of this section, as to property submitted to unit ownership after October 4, 1977, additional units may not be added within property previously submitted to unit ownership unless all unit owners consent to an amendment to the declaration, plat and any floor plans recorded pursuant to ORS 100.116 (Plat amendment) in order to provide for such additional units.

(6) As to property submitted to unit ownership before September 27, 1987, if the declaration provides that additional property may be annexed to the condominium, any subsequent stage may contain variable property. The termination date may not be later than the earlier of:

(a) The date specified in the declaration under ORS 100.105 (Contents of declaration) (2)(b); or

(b) Seven years from the recording of the conveyance of the first unit in the condominium to a person other than the declarant. [Formerly 94.047; 1995 c.31 §2; 1999 c.677 §43; 2001 c.756 §29; 2009 c.641 §44; 2019 c.69 §7; 2021 c.97 §10]

Source: Section 100.120 — Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.730 — OR Code / Title 10 / Chapter 100 / Section 100.730
100.730 Cancellation of sale of unit
Status: in_force

(1) A purchaser of a condominium unit may cancel for any reason the sale of a condominium unit from a developer or any contract, agreement or evidence of indebtedness associated with the sale of the condominium unit, within five business days (excluding Saturdays and holidays) after the date on which the latest of the following events occurs:

(a) The signing by the purchaser of the unit sales agreement;

(b) The signing by the purchaser of the receipt required under ORS 100.705 (Sale prohibited prior to issuance of disclosure statement) (2) upon the delivery of the disclosure statement, if any; or

(c) The signing by the purchaser of the receipt required under ORS 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) (4) upon delivery of a copy of the documents specified in ORS 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) (1).

(2) Cancellation, under subsection (1) of this section, occurs when the purchaser of an interest gives written notice to the developer at the developer’s address stated in the notice to purchaser required under ORS 100.740 (Notice to purchaser of cancellation rights) (1).

(3) A notice of cancellation given by a purchaser of a condominium unit need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the purchaser not to be bound by the contract or evidence of indebtedness.

(4) Notice of cancellation, if given by mail, shall be given by certified mail, return receipt requested, and is effective on the date that such notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

(5) Upon receipt of a timely notice of cancellation, the developer shall immediately return to the purchaser all payments received from the purchaser. In case of payments made by check, the developer shall not be required to return the payment to a purchaser until the check is finally paid as provided in ORS 74.2130 (Medium and time of settlement by bank) . Upon return of all such payments the purchaser shall immediately transfer rights in the interest to the developer, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser’s copy of the executed evidence of indebtedness to the developer, and the developer shall cancel the evidence of indebtedness. Any encumbrances against the purchaser’s interest in the unit arising by operation of law from an obligation of the purchaser existing prior to transfer of the interest to the purchaser shall be extinguished by the reconveyance.

(6) Except as otherwise provided in ORS 100.735 (Waiver of right to cancel) , no act of a purchaser shall be effective to waive the right of cancellation granted by subsection (1) of this section. A developer may require that a purchaser of a condominium unit execute and deliver to the developer, after the expiration of the cancellation period, a signed statement disclaiming any notice of cancellation that may have been made by the purchaser prior to expiration of the cancellation period granted under subsection (1) of this section and that may have been timely and properly done under this section whether or not the statement has been received by the developer. In case of execution of any such statement by the purchaser, the statement shall be sufficient to rescind the notice of cancellation.

(7) A purchaser’s right to cancel under subsection (1) of this section terminates at the time of the closing of the unit purchase transaction.

(8) This section shall not apply to:

(a) The sale of a unit in a condominium used or intended to be used solely for commercial or industrial purposes;

(b) The sale of a condominium unit conducted by public auction; or

(c) A sale described in ORS 100.665 (Exemption to certain disclosure and notice requirements) . [Formerly 94.412]

Source: Section 100.730 — Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.285 — OR Code / Title 10 / Chapter 93 / Section 93.285
93.285 Procedure for enforcement of contractual requirement for delivery of deed of conveyance
Status: in_force

(1) As used in this section and ORS 93.286 (Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance) , “contract for transfer or conveyance of an interest in real property,” “purchaser” and “seller” have the meanings given those terms in ORS 93.905 (Definitions for ORS 93.905 to 93.940) .

(2) If a seller has received full payment and performance of a contract for transfer or conveyance of an interest in real property, but fails or refuses to provide the purchaser with a proper deed of conveyance, the contract is deemed complete and the title held by the seller is conveyed to the purchaser, provided the purchaser:

(a) Has not instituted a suit or action to enforce the contract;

(b) Has fulfilled all requirements of the purchaser under the contract; and

(c) Has given the seller written notice of the purchaser’s wish to enforce a contractual requirement for delivery of a deed of conveyance, as required by this section.

(3) A purchaser who wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller shall:

(a) Record a notice of intent to enforce the contractual requirement for delivery of a deed of conveyance in each county where the property is located; and

(b) After recording the notice required by paragraph (a) of this subsection, give written notice by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives:

(A) The seller.

(B) An occupant of the property.

(C) Any person holding title or other interest through the seller that was recorded prior to the recording of the notice required by paragraph (a) of this subsection.

(4) The notice required by subsection (3)(b) of this section must specify:

(a) The name of the seller, as shown of record;

(b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

(c) The date of final payment or other final performance of the contract, whichever is applicable;

(d) That the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller;

(e) The date by which the seller or the seller’s successors in interest or assignees must submit an objection to the purchaser, which must be within 60 days after the final date of publication of the notice required by subsection (7)(a) of this section or within 120 days after the date of recording of the notice required by subsection (3)(b) of this section, whichever is later, or the seller’s interest in the property may be conveyed to the purchaser;

(f) A description of the property; and

(g) The name and address of the person to whom the seller must object to the demand contained in the notice.

(5) Intentionally left blank —Ed.

(a) A seller may submit an objection to the enforcement of a contractual requirement for delivery of a deed of conveyance to a purchaser that gives notice to the seller under subsection (3)(b) or (7)(a) of this section, provided the seller serves or mails the objection to the purchaser within the deadline described in subsection (4)(e) of this section.

(b) A purchaser that receives an objection from a seller under this subsection may initiate a suit or action to challenge the objection and to enforce the contract.

(c) Upon initiation of a suit or action under this subsection, no title or interest to the property may be transferred until the earlier of the date the seller delivers a fulfillment deed of conveyance or the date of entry of final judgment in the suit or action.

(d) The prevailing party in a suit or action initiated under this subsection is entitled to recover actual damages or $5,000, whichever is greater, together with costs and reasonable attorney fees incurred at trial and on appeal.

(6) The purchaser shall cause to be recorded in the real property records of each county in which the property is located an affidavit of service or mailing of the notice, including:

(a) The date the notice was served or mailed;

(b) The name and address of each person to whom the notice was given; and

(c) If the seller does not acknowledge the notice, a detailed description of the efforts made, along with the date each effort is made, to determine with due diligence the address of the seller or the seller’s assignees or successors in interest.

(7) If, after notice is given and recorded as required under subsections (3) to (6) of this section, a seller does not provide the purchaser with the deed of conveyance within 30 days of service or mailing, the purchaser may acquire the seller’s interest in the property by:

(a) Publishing a notice that meets the requirements described in subsection (8) of this section, at least one time per week for three consecutive weeks in a newspaper of general circulation in each county in which the property is located, that the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller; and

(b) Recording an affidavit of compliance with the requirements of paragraph (a) of this subsection within 15 days of the date of the last publication.

(8) The notice described in subsection (7)(a) of this section must include:

(a) The name of the seller, as shown of record;

(b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

(c) A description of the property;

(d) The name and address of the person giving the notice;

(e) The date of first publication of the notice;

(f) A statement that the seller or the seller’s successors in interest or assignees must submit an objection to the purchaser within the deadline described in subsection (4)(e) of this section; and

(g) The name and address of the person to whom the seller must submit an objection under subsection (5) of this section.

(9) Intentionally left blank —Ed.

(a) If a seller fails or refuses to provide a proper deed of conveyance after the purchaser completes the notice and recording procedures set forth in this section, the notice provided to the seller under this section satisfies any notice required by the terms of the contract of sale.

(b) Notwithstanding paragraph (a) of this subsection, the purchaser must give written notice as required by the provisions of the contract if the contract requires that notice be provided to additional persons or sets forth a longer notice period than the period required by this section.

(10) A seller that submits an objection to the purchaser under subsection (5) of this section must record the objection in each county in which the property is located within 30 days, along with an affidavit of the seller’s objection that includes the name and contact information of the objecting seller and a copy of the notice required by subsection (3)(b) or (7)(a) of this section.

(11) Intentionally left blank —Ed.

(a) If a seller does not submit an objection to the purchaser under subsection (5) of this section, and the contract for conveyance of real property has been fulfilled under the notice and recording procedures set forth in this section, the purchaser shall record a declaration of fulfillment in the deed records of each county in which the property is located, including:

(A) An affidavit setting forth that the seller did not provide a proper deed of conveyance before the deadline described in subsection (4)(e) of this section, that the contract has been fulfilled and that the title of the seller is hereby transferred to the purchaser;

(B) A description of the property; and

(C) Proof of mailing of a copy of the declaration to the seller.

(b) When the declaration is recorded, the recitals contained in the affidavit shall be:

(A) Prima facie evidence in any court of the truth of the matters set forth in the declaration; and

(B) Conclusive in favor of a purchaser for value in good faith relying upon them.

(12) Notices served by mail are effective when mailed. [2017 c.164 §2]

Source: Section 93.285 — Procedure for enforcement of contractual requirement for delivery of deed of conveyance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.510 — OR Code / Title 10 / Chapter 90 / Section 90.510
90.510 Statement of policy
Status: in_force

(1) Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written statement of policy to prospective and existing tenants. The purpose of the statement of policy is to provide disclosure of the landlord’s policies to prospective tenants and to existing tenants who have not previously received a statement of policy. The statement of policy is not a part of the rental agreement. The statement of policy shall provide all of the following information in summary form:

(a) The location and approximate size of the space to be rented.

(b) The federal fair-housing age classification and present zoning that affect the use of the rented space.

(c) The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent history must, at a minimum, show the rent amounts on January 1 of each of the five preceding calendar years or during the length of the landlord’s ownership, leasing or subleasing of the facility, whichever period is shorter.

(d) The personal property, services and facilities that are provided by the landlord.

(e) The installation charges that are imposed by the landlord and the installation fees that are imposed by government agencies.

(f) The facility policy regarding rental agreement termination including, but not limited to, closure of the facility.

(g) The facility policy regarding facility sale.

(h) The facility policy regarding mandatory mediation under ORS 90.767 (Mandatory mediation) and informal dispute resolution, if any, under ORS 90.769 (Informal dispute resolution) .

(i) The utilities and services that are available, the name of the person furnishing them and the name of the person responsible for payment.

(j) The facility policy regarding methods of billing for utilities and services as described in ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) .

(k) If a tenants’ association exists for the facility, a one-page summary about the tenants’ association. The tenants’ association shall provide the summary to the landlord.

(L) Any facility policy regarding the removal of a manufactured dwelling, including a statement that removal requirements may impact the market value of a dwelling.

(m) Any facility policy regarding the planting of trees on the rented space for a manufactured dwelling.

(n) Any requirement to obtain and maintain renter’s liability insurance under ORS 90.527 (Renter’s liability insurance in park) .

(2) The rental agreement and the facility rules and regulations must be attached as an exhibit to the statement of policy. If the recipient of the statement of policy is a tenant, the rental agreement attached to the statement of policy must be a copy of the agreement entered by the landlord and tenant.

(3) The landlord shall give:

(a) Prospective tenants a copy of the statement of policy before the prospective tenants sign rental agreements;

(b) Existing tenants who have not previously received a copy of the statement of policy and who are on month-to-month rental agreements a copy of the statement of policy at the time a 90-day notice of a rent increase is issued; and

(c) All other existing tenants who have not previously received a copy of the statement of policy a copy of the statement of policy upon the expiration of their rental agreements and before the tenants sign new agreements.

(4) Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action) (2)(d). The agreement must be signed by the landlord and tenant and may not be amended by one of the parties to the contract except by:

(a) Mutual agreement of the parties;

(b) The landlord unilaterally under ORS 90.155 (Service or delivery of written notice) (4), 90.302 (Fees allowed for certain landlord expenses) (9), 90.530 (Pets in facilities) , 90.566 (Conversion to direct billing for garbage service) , 90.574 (Conversion to submeter or pro rata billing for water) , 90.578 (Conversion to submeter or direct billing for large parks) (3), 90.600 (Increases in rent) , 90.610 (Notice of proposed change in rule or regulation) , 90.643 (Conversion of park to planned community subdivision of manufactured dwellings) , 90.725 (Landlord or agent access to rented space) (3)(f) and (7), 90.727 (Maintenance of trees in rented spaces) or 90.767 (Mandatory mediation) (9); or

(c) Those provisions required by changes in statute or ordinance.

(5) The rental agreement required by subsection (4) of this section must specify:

(a) The location and approximate size of the rented space.

(b) The federal fair-housing age classification.

(c) The rent per month.

(d) All personal property, services and facilities provided by the landlord.

(e) All security deposits, fees and installation charges imposed by the landlord.

(f) Any facility policy regarding the planting of trees on the rented space for a manufactured dwelling.

(g) Improvements that the tenant may or must make to the rental space, including plant materials and landscaping.

(h) Provisions for dealing with improvements to the rental space at the termination of the tenancy.

(i) Any conditions the landlord applies in approving a purchaser of a manufactured dwelling or floating home as a tenant in the event the tenant elects to sell the home. Those conditions must be in conformance with state and federal law and may include, but are not limited to, conditions as to pets, number of occupants and screening or admission criteria.

(j) That the tenant may not sell the tenant’s manufactured dwelling or floating home to a person who intends to leave the manufactured dwelling or floating home on the rental space until the landlord has accepted the person as a tenant.

(k) The term of the tenancy.

(L) The process by which the rental agreement or rules and regulations may be changed that is consistent with ORS 90.610 (Notice of proposed change in rule or regulation) .

(m) The process by which the landlord or tenant shall give notices.

(n) That either party may request no-cost mandatory mediation of disputes through the Housing and Community Services Department or a dispute resolution program described in ORS 36.155 (Grants for dispute resolution services in counties) and the process by which mandatory mediation is initiated and conducted that is consistent with ORS 90.767 (Mandatory mediation) .

(o) Any requirement to obtain and maintain renter’s liability insurance under ORS 90.527 (Renter’s liability insurance in park) .

(6) Every landlord who rents a space for a manufactured dwelling or floating home shall provide rules and regulations concerning the tenant’s use and occupancy of the premises. A violation of the rules and regulations may be cause for termination of a rental agreement. However, this subsection does not create a presumption that all rules and regulations are identical for all tenants at all times. A rule or regulation is enforceable against the tenant only if:

(a) The rule or regulation:

(A) Promotes the convenience, safety or welfare of the tenants;

(B) Preserves the landlord’s property from abusive use; or

(C) Makes a fair distribution of services and facilities held out for the general use of the tenants.

(b) The rule or regulation:

(A) Is reasonably related to the purpose for which it is adopted and is reasonably applied;

(B) Is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant shall do or may not do to comply; and

(C) Is not for the purpose of evading the obligations of the landlord.

(7) Intentionally left blank —Ed.

(a) A landlord who rents a space for a manufactured dwelling or floating home may adopt a rule or regulation regarding occupancy guidelines. If adopted, an occupancy guideline in a facility must be based on reasonable factors and not be more restrictive than limiting occupancy to two people per bedroom.

(b) As used in this subsection:

(A) Factors to be considered in determining reasonableness include:

(i) The size of the dwelling.

(ii) The size of the rented space.

(iii) Any discriminatory impact as described in ORS 659A.421 (Discrimination in selling, renting or leasing real property prohibited) and 659A.425 (Violation based on facially neutral housing policy) .

(iv) Limitations placed on utility services governed by a permit for water or sewage disposal.

(B) “Bedroom” means a room that is intended to be used primarily for sleeping purposes and does not include bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas.

(8) Intentional and deliberate failure of the landlord to comply with subsections (1) to (3) of this section is cause for suit or action to remedy the violation or to recover actual damages. The prevailing party is entitled to reasonable attorney fees and court costs.

(9) A receipt signed by the potential tenant or tenants for documents required to be delivered by the landlord pursuant to subsections (1) to (3) of this section is a defense for the landlord in an action against the landlord for nondelivery of the documents.

(10) A suit or action arising under subsection (8) of this section must be commenced within one year after the discovery or identification of the alleged violation.

(11) Every landlord who publishes a directory of tenants and tenant services must include a one-page summary regarding any tenants’ association. The tenants’ association shall provide the summary to the landlord. [Formerly 91.875; 1991 c.844 §6; 1993 c.580 §3; 1995 c.559 §34; 1997 c.304 §3; 1997 c.305 §1; 1997 c.577 §26; 1999 c.603 §32; 1999 c.676 §20; 2001 c.596 §35a; 2005 c.22 §63; 2005 c.391 §23; 2005 c.619 §19b; 2009 c.816 §5; 2011 c.503 §5; 2013 c.443 §8; 2019 c.625 §53; 2021 c.260 §13]

Source: Section 90.510 — Statement of policy; rental agreement; rules and regulations; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.680 — OR Code / Title 10 / Chapter 93 / Section 93.680
93.680 Patents, judgments and official grants
Status: in_force

(1) The following are entitled to be recorded in the record of deeds of the county in which the lands lie, in like manner and with like effect as conveyances of land duly acknowledged, proved or certified:

(a) The patents from the United States or of this state for lands within this state.

(b) Judgments of courts in this state requiring the execution of a conveyance of real estate within this state.

(c) Approved lists of lands granted to this state, or to corporations in this state.

(d) Conveyances executed by any officer of this state by authority of law, of lands within this state.

(2) The record of any such patent, judgment, approved lists or deeds recorded, or a transcript thereof certified by the county clerk in whose office it is recorded, may be read in evidence in any court in this state, with like effect as the original. [Amended by 1979 c.284 §93]

Source: Section 93.680 — Patents, judgments and official grants; recordability; evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.976 — OR Code / Title 10 / Chapter 94 / Section 94.976
94.976 Advertising regulation
Status: in_force

It shall be unlawful for any membership camping operator or the agent or employee of any membership camping operator with intent to sell a membership camping contract, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning a membership camping contract, that contains any materially false or misleading statement, pictorial representation or sketch. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, any job printer, broadcaster or telecaster liable for any publication referred to in this chapter, unless the publisher, employee, printer, broadcaster or telecaster has actual knowledge that the material is false or has an interest in the membership camping contract being advertised. [1991 c.377 §3]

Note: See note under 94.975 (False practices prohibited) .

Source: Section 94.976 — Advertising regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.394 — OR Code / Title 10 / Chapter 90 / Section 90.394
90.394 Termination of tenancy for failure to pay rent
Status: in_force

The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) , as follows:

(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:

(a) At least 10 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or

(b) At least 13 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:

(a) The notice is served on the tenant:

(A) By personal delivery as provided in ORS 90.155 (Service or delivery of written notice) (1)(a);

(B) By first class mail and attachment as provided in ORS 90.155 (Service or delivery of written notice) (1)(c); or

(C) By first class mail and electronic mail as provided in ORS 90.155 (Service or delivery of written notice) (5);

(b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and

(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8; 2020 s.s.3 c.3 §§10,19; 2023 c.13 §58; 2023 c.296 §5]

Source: Section 90.394 — Termination of tenancy for failure to pay rent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.610 — OR Code / Title 10 / Chapter 100 / Section 100.610
100.610 Common ownership of property removed from unit ownership
Status: in_force

(1) If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (Termination of association or removal of real property by unit owners) (1) and 100.605 (Removal of property from association) , the property shall be considered owned in common by all the unit owners. The respective interest of a unit owner shall be the total of the fair market value of the unit of the unit owner and common element interest appertaining to such unit immediately before termination of the condominium. The proportion of any unit owner’s interest to that of all unit owners is determined by dividing the fair market value of that unit owner’s unit and common element interest by the total fair market values of all units and common element interests. The fair market value of each unit and common element interest appertaining to such unit shall be determined by:

(a) Agreement of all of the unit owners; or

(b) An independent appraiser selected by the board of directors of the association. The decision of the appraiser shall be distributed to the unit owners and shall become final unless within 15 days after the distribution, the board of directors receives written objection from at least 25 percent of the unit owners. In such event, a new appraiser shall be selected by the presiding judge for the judicial district in which the property is located. Such appraiser’s decision shall be final.

(2) All costs and expenses incurred under subsection (1) of this section shall be common expenses.

(3) In the event any part of the property has been damaged or destroyed, the appraiser may use any available data and information pertaining to the condominium including, but not limited to, building plans, prior appraisals and information on file with governmental authorities.

(4) Liens affecting any unit shall be liens, in accordance with the then existing priorities, against the undivided interest of the unit owner in the property owned in common.

(5) If a portion of the property is removed from the provisions of this chapter, as provided by ORS 100.600 (Termination of association or removal of real property by unit owners) (2), the respective interest of each unit owner and lienholder in the property removed and the remaining condominium shall be as stated in the amendment to the declaration in accordance with ORS 100.600 (Termination of association or removal of real property by unit owners) (2)(c) and (d). [Formerly 94.306; 1995 c.781 §37]

Source: Section 100.610 — Common ownership of property removed from unit ownership; valuation; liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.685 — OR Code / Title 10 / Chapter 100 / Section 100.685
100.685 Contents of unit sales agreement
Status: reserved

A unit sales agreement must contain:

(1) The unit designation;

(2) The full amount of the purchase price, including the amount and form of earnest money paid by the purchaser;

(3) If required under ORS 100.680 (Escrow of unit sales agreement) , the name and address of the escrow agent to hold the purchaser’s funds and a reference to the escrow instructions controlling the escrow;

(4) If the purchaser’s funds are to be invested, the name of the financial institution where the funds will be deposited and to whom any interest earnings will accrue under all possible circumstances;

(5) The date of closing with any conditions and requirements of closing;

(6) The closing procedure;

(7) Any authority of the developer to terminate the sale and, in the case of termination, any forfeiture provisions;

(8) If the developer specifies any contingency, the date other than closing when all purchaser’s funds and interest earnings will be returned to the purchaser if the contingency is not met;

(9) A provision that the purchaser will recover any funds paid to the developer and any interest earnings upon default by the developer;

(10) Any rights reserved by the developer to modify the declaration, any supplemental declaration, bylaws, plat or other documents by which the purchaser is or will be bound;

(11) Notice to the purchaser of cancellation rights under ORS 100.730 (Cancellation of sale of unit) and 100.740 (Notice to purchaser of cancellation rights) ;

(12) For the sale of newly constructed units, any express warranty required under ORS 100.185 (Express warranties) ; and

(13) Any other provisions deemed necessary by the developer and purchaser. [2019 c.69 §29]

Note: 100.685 (Contents of unit sales agreement) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

INSPECTION OF CONDOMINIUM; DISCLOSURE STATEMENT

Source: Section 100.685 — Contents of unit sales agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 91.240 — OR Code / Title 10 / Chapter 91 / Section 91.240
91.240 Gambling leases prohibited
Status: in_force

(1) No person shall let or rent any house, room, shop or other building, or any boat, booth, garden or other place, knowing or having reason to believe it will be used for gambling purposes.

(2) All contracts for the rent of a room, building or place in violation of subsection (1) of this section are void between the parties.

(3) Any person letting or renting any room, building, or place mentioned in subsection (1) of this section which is at any time used by the lessee or occupant thereof, or any other person with the knowledge or consent of the lessee or occupant, for gambling purposes, upon discovery thereof, may avoid and terminate such lease or contract of occupancy, and recover immediate possession of such building or other place by an action at law for that purpose to be brought before any justice of the peace of the county in which the use is permitted. [Formerly 91.410]

Source: Section 91.240 — Gambling leases prohibited; status of rental contracts; termination; recovery of possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 101.112 — OR Code / Title 10 / Chapter 101 / Section 101.112
101.112 Required meetings with residents
Status: in_force

(1) The governing body or a designated representative of the provider shall hold meetings with the residents’ council or meetings that are open to all of the residents in a continuing care retirement community at least twice a year for the purpose of free discussion of subjects that may include, but are not limited to, facility income, expenditures, financial trends, resident concerns and proposed changes in policy, programs and services. The meetings shall be open to a designated personal representative of a resident. In addition, the provider shall present for discussion any issue the residents’ council or any resident of the CCRC identifies orally or in writing 14 days or more prior to the date of the meeting.

(2) The provider shall give residents at least 45 days’ notice of proposed changes in fees, regular periodic charges or services. At least 30 days before an increase in regular periodic charges takes effect, the provider shall hold a meeting with the residents’ council or a meeting that is open to all of the residents of a CCRC to present the reasons for the proposed increase and any data supporting the need for the increase. A meeting described in subsection (1) of this section may be used for this purpose. At least 14 days prior to the meeting, the provider shall post in a conspicuous location and make available to each resident an agenda for the meeting. At the meeting, the provider shall make available an accounting of:

(a) Actual and projected income and expenses for the CCRC’s current fiscal year;

(b) Projected income and expenses for the following fiscal year; and

(c) The current charges for each living unit in the CCRC and the proposed increase to each charge.

(3) A provider shall review the CCRC budget with the residents’ council or a committee appointed by the council during the budget planning process.

(4) A provider shall make available to the residents’ council or a committee appointed by the council, at least twice each year, a financial statement for the CCRC that compares actual costs to budgeted costs, broken down by expense category.

(5) A provider shall maintain and make available to any resident, upon request, minutes of the meetings of the provider’s governing body. The provider may remove from the minutes information regarding any matters discussed in executive session or that relate to litigation, personnel, competitive advantage or an individual resident’s personal affairs, but may not remove information regarding the annual budget, increases in regular periodic charges, provider indebtedness or expansion in new or existing facilities. A provider shall retain the minutes for no less than three years from the date the minutes were created.

(6) The governing body of a provider shall allow at least one resident from each CCRC operated in this state by the provider to participate as a nonvoting resident representative on the governing body or along with the owners or managers. The resident representative may be excluded from any executive session and from discussion of confidential matters or matters related to litigation, personnel, competitive advantage or an individual resident’s personal affairs. The resident representative may not be excluded from discussion of matters relating to the annual budget, increases in regular periodic charges, provider indebtedness or expansion in new or existing facilities.

(7) The resident representative described in subsection (6) of this section and the representative’s alternate must be elected by a majority vote of the residents’ council of each CCRC or by a majority vote of all residents of a CCRC. The representative is responsible for submitting the representative’s name, address, electronic mail address and telephone number to the provider. The provider may establish the term for representatives and the procedures for election and replacement of a representative and an alternate.

(8) A provider shall send to each resident representative and alternate, at the same time and in the same manner as other members of the governing body, owners or managers of the provider, the notice of meeting and any written materials relevant to the discussions in which the resident representative may participate under subsection (6) of this section.

(9) The provider shall pay all reasonable travel expenses for a resident representative or alternate to attend meetings of the governing body and meetings of governing body committees.

(10) Nothing in this chapter prohibits a provider from allowing greater resident participation than the minimum requirements set forth in this chapter including, but not limited to, the requirement:

(a) Under subsection (1) of this section to hold meetings with the residents’ council or meetings that are open to all of the residents twice each year.

(b) Under subsection (6) of this section to allow one elected resident representative for each CCRC to participate in the provider’s governing body or along with owners or managers. [Formerly 101.055]

Source: Section 101.112 — Required meetings with residents; notice of change in fees or services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 105.595 — OR Code / Title 10 / Chapter 105 / Section 105.595
105.595 Action to abate nuisance not to affect other remedies
Status: in_force

Except to the extent that a judgment has been entered in the action for damages under ORS 105.560 (Action to restrain or enjoin nuisance) (2), the abatement of a nuisance under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) does not prejudice the right of any person to recover damages for its past existence. [1989 c.846 §10; 1999 c.168 §5]

Source: Section 105.595 — Action to abate nuisance not to affect other remedies; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.440 — OR Code / Title 10 / Chapter 100 / Section 100.440
100.440 Liens against property
Status: in_force

(1) Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the common elements appertaining thereto, in the same manner and under the same conditions as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.

(2) No labor performed or materials furnished with the consent or at the request of a unit owner, the agent, contractor or subcontractor of the unit owner, shall be the basis for the filing of a mechanic’s or materialman’s lien against the unit of any other unit owner not consenting to or requesting the labor to be performed or the materials to be furnished, except that consent shall be considered given by the owner of any unit in the case of emergency repairs thereto performed or furnished with the consent or at the request of the board of directors.

(3) If a lien becomes effective against two or more units, the owner of each unit subject to such a lien shall have the right to have the unit of the owner released from the lien by payment of the amount of the lien attributable to the unit. The amount of the lien attributable to a unit and the payment required to satisfy such a lien, in the absence of agreement, shall be determined by application of the allocation established in the declaration. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the rights of the lienor against any unit and the undivided interest in the common elements appertaining thereto not so released by payment, satisfaction or discharge. [Formerly 94.185]

Source: Section 100.440 — Liens against property; removal from lien; effect of part payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.014 — OR Code / Title 10 / Chapter 92 / Section 92.014
92.014 Approval of city or county required for specified divisions of land
Status: in_force

(1) A person may not create a street or road for the purpose of subdividing or partitioning an area or tract of land without the approval of the city or county having jurisdiction over the area or tract of land to be subdivided or partitioned.

(2) Notwithstanding ORS 92.175 (Methods by which certain land may be provided for public purposes) , an instrument dedicating land to public use may not be accepted for recording in this state unless the instrument bears the approval of the city or county authorized by law to accept the dedication. [1955 c.756 §3; 1973 c.696 §4; 1991 c.763 §4; 2005 c.399 §2]

Source: Section 92.014 — Approval of city or county required for specified divisions of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 97.970 — OR Code / Title 10 / Chapter 97 / Section 97.970
97.970 Search for document of anatomical gift or refusal
Status: in_force

(1) The following persons shall make a reasonable search of an individual who the persons reasonably believe is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(a) A law enforcement officer, firefighter, emergency medical services provider or other emergency rescuer finding the individual; and

(b) If no other source of the information is immediately available, a hospital, as soon as practicable after the individual’s arrival at the hospital.

(2) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (1)(a) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or the refusal to the hospital.

(3) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. [2007 c.681 §11; 2011 c.703 §22]

Note: See note under 97.951 (Short title) .

Source: Section 97.970 — Search for document of anatomical gift or refusal; duty to send document or refusal to hospital , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.240 — OR Code / Title 10 / Chapter 105 / Section 105.240
105.240 Rights determinable
Status: in_force

The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given. [Amended by 2003 c.576 §361]

Source: Section 105.240 — Rights determinable; ascertainment of title where defendant defaults or sale is necessary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.780 — OR Code / Title 10 / Chapter 94 / Section 94.780
94.780 Remedies
Status: in_force

(1) Failure of the declarant, association, any association member or any other person subject to ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) to comply with applicable sections of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) is cause for suit or action to remedy the violation or to recover actual damages. The prevailing party is entitled to reasonable attorney fees and court costs.

(2) Failure of an association to accept administrative responsibility under ORS 94.616 (Turnover meeting) is a defense for the declarant against an action brought under this section.

(3) A suit or action arising under this section must be commenced within one year after the discovery or identification of the alleged violation. [1981 c.782 §83; 1999 c.677 §67; 2021 c.40 §15]

Source: Section 94.780 — Remedies; attorney fees; statute of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.427 — OR Code / Title 10 / Chapter 92 / Section 92.427
92.427 Cancellation of agreement to buy interest in subdivision or series partition
Status: in_force

(1) A purchaser of a lot, parcel or interest in a subdivision or series partition may cancel, for any reason, any contract, agreement or any evidence of indebtedness associated with the sale of the lot, parcel or interest in the subdivision or series partition within three business days from the date of signing by the purchaser of the first written offer or contract to purchase.

(2) Cancellation, under subsection (1) of this section, occurs when the purchaser of a lot, parcel or interest gives written notice to the seller at the seller’s address. The three business days cancellation period in subsection (1) of this section does not begin until the seller provides the purchaser with seller’s address for cancellation purposes.

(3) A notice of cancellation given by a purchaser of a lot, parcel or interest in a subdivision or series partition need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the purchaser not to be bound by the contract or evidence of indebtedness.

(4) Notice of cancellation, if given by mail, shall be given by certified mail, return receipt requested, and is effective on the date that such notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

(5) Upon receipt of a timely notice of cancellation, the seller shall immediately return to the purchaser all payments received from the purchaser. In case of payments made by check, the seller is not required to return the payment to a purchaser until the check is finally paid as provided in ORS 74.2130 (Medium and time of settlement by bank) . Upon return of all such payments the purchaser shall immediately transfer the purchaser’s rights in the lot, parcel or interest to the seller, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser’s copy of the executed evidence of indebtedness to the seller, and the seller shall cancel the evidence of indebtedness. Any encumbrances against the purchaser’s interest in the lot, parcel or interest arising by operation of law from an obligation of the purchaser existing prior to transfer of the lot, parcel or interest to the purchaser shall be extinguished by the reconveyance.

(6) An act of a purchaser is not effective to waive the right of cancellation granted by subsection (1) of this section. A subdivider, series partitioner or developer may require that a purchaser of a lot, parcel or interest in a subdivision or series partition execute and deliver to the subdivider, series partitioner or developer, after the expiration of the three-day cancellation period, a signed statement disclaiming any notice of cancellation that may have been made by the purchaser prior to expiration of the three-day cancellation period for the offer under subsection (1) of this section, that may have been timely and properly done under this section and that has not been received by the subdivider, series partitioner or developer. In case of execution of any such statement by the purchaser, the statement shall be sufficient to rescind the notice of cancellation.

(7) This section does not apply to:

(a) The sale of a lot in a subdivision or a parcel in a series partition that has a residential dwelling upon it at the time of sale;

(b) The sale of a lot in a subdivision or a parcel in a series partition when, at the time of sale, the seller has contracted with the purchaser to build a residential dwelling upon the lot or parcel; or

(c) The sale of a lot in a subdivision or a parcel in a series partition to a person who derives a substantial portion of income from the development or purchase and sale of real property.

(8) Notwithstanding subsection (7) of this section, this section applies to a planned community subdivision of manufactured dwellings created under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) . [1975 c.643 §16; 1983 c.570 §20; 2001 c.711 §6; 2003 c.474 §4]

Source: Section 92.427 — Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.490 — OR Code / Title 10 / Chapter 92 / Section 92.490
92.490 Civil penalty
Status: in_force

(1) In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) . No civil penalty shall exceed $1,000 per violation.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [1975 c.643 §23; 1979 c.242 §8; 1983 c.696 §7a; 1989 c.706 §6; 1991 c.734 §4]

Source: Section 92.490 — Civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.635 — OR Code / Title 10 / Chapter 100 / Section 100.635
100.635 Filing with commissioner
Status: in_force

(1) Except as provided by ORS 100.660 (Nonresidential condominium or security filing) and 100.665 (Exemption to certain disclosure and notice requirements) , prior to negotiating within this state for the sale of a condominium unit located in another state, or prior to the sale of any condominium unit located within this state, the developer shall file with the Real Estate Commissioner, in any form prescribed by the commissioner:

(a) General information on the condominium, including:

(A) The name and address of the condominium and the county in which the condominium is located; and

(B) The name, address and telephone number of the developer.

(b) Two copies of the disclosure statement for the condominium prepared in accordance with ORS 100.655 (Disclosure statement) .

(c) The documents for and other information on the condominium as required by ORS 100.640 (Filing) .

(2) The filing must include the fee required by ORS 100.670 (Fees) . [Formerly 94.331; 2019 c.69 §21]

Source: Section 100.635 — Filing with commissioner; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.250 — OR Code / Title 10 / Chapter 90 / Section 90.250
90.250 Receipt of rent without obligation to maintain premises prohibited
Status: in_force

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with ORS 90.320 (Landlord to maintain premises in habitable condition) (1) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) . [Formerly 91.750; 1999 c.676 §10]

Source: Section 90.250 — Receipt of rent without obligation to maintain premises prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.168 — OR Code / Title 10 / Chapter 105 / Section 105.168
105.168 Minor as party in proceedings pertaining to residential dwellings
Status: in_force

Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 (Right to contract for dwelling unit and utilities without parental consent) and who is a tenant as defined under ORS 90.100 (Definitions) , may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 §31]

Source: Section 105.168 — Minor as party in proceedings pertaining to residential dwellings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 95.250 — OR Code / Title 10 / Chapter 95 / Section 95.250
95.250 When transfer is made or obligation is incurred
Status: in_force

For the purposes of ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) :

(1) A transfer is made:

(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) that is superior to the interest of the transferee.

(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) , the transfer is deemed made immediately before the commencement of the action.

(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(a) If oral, when it becomes effective between the parties.

(b) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee. [1985 c.664 §6; 2023 c.83 §10]

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

Source: Section 95.250 — When transfer is made or obligation is incurred , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 105.290 — OR Code / Title 10 / Chapter 105 / Section 105.290
105.290 Distribution of proceeds by referee or payment into court
Status: in_force

The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.

Source: Section 105.290 — Distribution of proceeds by referee or payment into court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.215 — OR Code / Title 10 / Chapter 92 / Section 92.215
92.215 Review authorized
Status: in_force

(1) Each agency or body authorized to approve subdivision plats under ORS 92.040 (Application for approval of subdivision or partition) may:

(a) Review each subdivision approved on or after October 5, 1973, after the expiration of 10 years after the date of such approval.

(b) Review each subdivision plat approved more than 10 years prior to October 5, 1973.

(2) Each review conducted pursuant to subsection (1) of this section shall be conducted in the manner and subject to the conditions prescribed in ORS 92.225 (Review of undeveloped or developed subdivision plat lands) . [1973 c.569 §2]

Source: Section 92.215 — Review authorized; manner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.436 — OR Code / Title 10 / Chapter 98 / Section 98.436
98.436 Short title
Status: in_force

This Act may be cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1]

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

Source: Section 98.436 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 98.644 — OR Code / Title 10 / Chapter 98 / Section 98.644
98.644 ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling
Status: in_force

The provisions of ORS 98.640 (Owner’s duty to remove trees, logs, poles or piling deposited on state highways) and 98.642 (Effect of failure to remove trees, logs, poles or piling) shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a state highway or real property adjacent thereto under the provisions of a permit granted by the Department of Transportation, nor to poles erected upon the right of way of a state highway for the purpose of carrying telegraph, telephone or electric lines or wires. [1953 c.312 §3]

Source: Section 98.644 — ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 100.102 — OR Code / Title 10 / Chapter 100 / Section 100.102
100.102 Leasehold condominium submitted to unit ownership
Status: in_force

(1) The owner of fee title interest in the real property underlying a leasehold condominium may submit the fee title to the provisions of this chapter by the procedures set forth in this section. Submission has the effect set forth in ORS 100.103 (Effect of submission of leasehold condominium to unit ownership) .

(2) The fee title interest of a leasehold condominium may be submitted to the provisions of this chapter by an amendment to the declaration. The amendment must:

(a) Include a reference to the recording index numbers and date of recording of the initial declaration, supplemental declarations recorded pursuant to ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) and the lease;

(b) State that the fee title interest in the real property subject to the leasehold is submitted to the provisions of this chapter pursuant to this section;

(c) State that the submission of the fee title interest in the real property subject to the leasehold to the provisions of this chapter has the effect set forth in ORS 100.103 (Effect of submission of leasehold condominium to unit ownership) ;

(d) State that there are no encumbrances against the fee title interest securing payment of moneys except for the assessments of the owners association that are not yet due;

(e) Be approved by at least 75 percent of the unit owners, notwithstanding that the declaration may require approval by a larger percentage of owners or the consent of another person to amend the declaration;

(f) Be executed by the fee title holder and the association and acknowledged;

(g) Be certified by the association as being adopted in accordance with this section;

(h) Be approved as required by ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) ; and

(i) Be recorded in the office of the recording officer of each county in which the condominium is located.

(3) At the time of submission, the fee title interest being submitted may not be subject to an encumbrance securing payment of money except for the assessments of an association that are not yet due.

(4) Nothing in this section precludes the declarant of a leasehold condominium, the unit owners and the association from agreeing to other procedures for submitting the fee title interest to the provisions of this chapter, provided the procedures are set forth in:

(a) The declaration; or

(b) An amendment to the declaration approved by at least 75 percent of the unit owners or, if a larger percentage is specified in the declaration to effect amendments to the declaration, the larger percentage, and 75 percent of the lenders holding a first-priority security position in any unit in the condominium. [2003 c.569 §43; 2007 c.410 §7; 2019 c.69 §38]

Note: 100.102 (Leasehold condominium submitted to unit ownership) and 100.103 (Effect of submission of leasehold condominium to unit ownership) were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.102 — Leasehold condominium submitted to unit ownership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.959 — OR Code / Title 10 / Chapter 97 / Section 97.959
97.959 Revocation or amendment of anatomical gift by donor or agent or guardian of donor
Status: in_force

(1) Except as provided in subsection (7) or (8) of this section, an anatomical gift made under ORS 97.957 (Methods of making anatomical gift before death of donor) may be amended or revoked only by the donor in accordance with the provisions of this section and may not be amended or revoked by any other person otherwise authorized to make, amend or revoke a gift under ORS 97.963 (Effect of making, amending or revoking anatomical gift) or 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) .

(2) A donor or other person authorized to amend or revoke an anatomical gift under subsection (7) or (8) of this section may amend or revoke an anatomical gift by:

(a) A record signed by:

(A) The donor;

(B) The other person; or

(C) Subject to subsection (3) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(3) A record signed pursuant to subsection (2)(a)(C) of this section must:

(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b) State that it has been signed and witnessed as required in this subsection.

(4) A donor or other person authorized to revoke an anatomical gift under subsection (7) or (8) of this section may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(5) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(6) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (4) of this section.

(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or body part.

(8) An agent or guardian of a donor may amend or revoke an anatomical gift only if:

(a) The agent or guardian made the gift under ORS 97.955 (Purpose of anatomical gift) (2)(b) or (d); or

(b) The form appointing a health care representative, as defined in ORS 127.505 (Definitions for ORS 127.505 to 127.660) , or other record appointing the agent expressly authorizes the agent to amend or revoke anatomical gifts. [2007 c.681 §5; 2009 c.106 §2; 2011 c.61 §1; 2018 c.36 §26]

Note: See note under 97.951 (Short title) .

Source: Section 97.959 — Revocation or amendment of anatomical gift by donor or agent or guardian of donor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.456 — OR Code / Title 10 / Chapter 90 / Section 90.456
90.456 Continuing tenancy after release of victim
Status: in_force

Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 (Release of victim from tenancy) or the exclusion of a perpetrator of domestic violence, sexual assault, bias crime or stalking as provided in ORS 90.459 (Change of locks at request of victim) or 105.128 (Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit) , if there are any remaining tenants of the dwelling unit, the tenancy shall continue for those tenants. Any fee, security deposit or prepaid rent paid by the victim, perpetrator or other tenants shall be applied, accounted for or refunded by the landlord following termination of the tenancy and delivery of possession by the remaining tenants as provided in ORS 90.300 (Security deposits) and 90.302 (Fees allowed for certain landlord expenses) . [2003 c.378 §6; 2007 c.508 §10; 2007 c.508 §11; 2011 c.42 §9b; 2023 c.549 §2a]

Source: Section 90.456 — Continuing tenancy after release of victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.160 — OR Code / Title 10 / Chapter 97 / Section 97.160
97.160 Duty of hospital or sanitarium to notify before sending remains to undertaker
Status: in_force

(1) No hospital or sanitarium, or the employees, agents or representatives thereof, shall send or cause to be sent to any funeral service practitioner, undertaker, mortician or embalmer the remains of any decedent without having complied with this section before final disposition of the remains.

(2) If the admitting record contains the name of a relative, friend or other person identified by the decedent in the admitting record, or if the hospital or sanitarium is aware of the name of any other person chargeable with the funeral expenses of the decedent, the hospital or the sanitarium must notify the relative, friend or other person personally or by certified mail, return receipt requested.

(3) If a hospital or sanitarium is unable to give actual notice to a relative, friend or other person under the provisions of subsection (2) of this section, the hospital or sanitarium must publish a notice of death at least one time in a newspaper of general circulation in the county where the death occurred, or, if there is no such newspaper, in a newspaper most likely to give notice of the death to relatives and friends of the decedent. The notice must contain the name of the decedent and the address and phone number for the hospital or sanitarium.

(4) If the remains of the decedent are not claimed within 10 days after the giving of notice under subsection (2) of this section, or within 10 days after publication under subsection (3) of this section if publication is made under subsection (3) of this section, the hospital or sanitarium may arrange for the disposal of the remains of the decedent without further notice in the manner specified by ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.200 (Disposition of remains after use) .

(5) Nothing in this section limits or governs the authority of any administrator or executor, trustee or other person having a fiduciary relationship with the deceased or to the state, counties, cities or towns in the disposition of the remains of a deceased person. [Amended by 1993 c.92 §1]

Source: Section 97.160 — Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.205 — OR Code / Title 10 / Chapter 105 / Section 105.205
105.205 Who may maintain partition
Status: in_force

When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

Source: Section 105.205 — Who may maintain partition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.180 — OR Code / Title 10 / Chapter 105 / Section 105.180
105.180 Action for failure to comply with duty of holder
Status: in_force

(1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder’s proportion of the cost as indicated in ORS 105.175 (Easement to be kept in repair) (3) and (4), a civil action for money damages or specific performance or contribution may be brought against that person in a court of competent jurisdiction by one or more of the other holders of an interest in the easement, either jointly or severally. In any such civil action, the court may order such equitable relief as may be just in the circumstances. Nothing in ORS 105.170 (Definitions for ORS 105.170 to 105.185) to 105.185 (Application of ORS 105.170 to 105.185) shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or not, after such holder ceases to use the easement.

(2) The prevailing party shall recover all court costs, arbitration fees and attorney fees.

(3) Any holder of an interest in the easement may apply to the court of competent jurisdiction where the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost, and the matter may be arbitrated in accordance with ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) . The application may be made before, during or after performance of the maintenance work. [1989 c.660 §5; 1991 c.49 §3; 2003 c.598 §34]

Source: Section 105.180 — Action for failure to comply with duty of holder; recovery of costs; arbitration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.779 — OR Code / Title 10 / Chapter 94 / Section 94.779
94.779 Unenforceability of certain requirements and restrictions
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(a) A provision that prohibits or restricts the use of the owner’s unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 (Employment Related Day Care subsidy program and other subsidy programs) ; or

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

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

(a) Is reasonable; and

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

(5) Intentionally left blank —Ed.

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

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

(6) A provision in a planned community’s governing document that restricts or prohibits the installation or use of a portable cooling device, as defined in ORS 90.335 (1), is void and unenforceable, unless:

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

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

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

(b) The restrictions are only to require that the device be removed from October 1 through April 30. [2017 c.423 §7; 2017 c.423 §7b; 2022 c.86 §3]

Note: Section 6 (2), chapter 86, Oregon Laws 2022, provides:

Sec. 6. (2) The amendments to ORS 94.779 (Unenforceability of certain requirements and restrictions) by section 3 of this 2022 Act apply to provisions in governing documents adopted before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 §6(2)]

Source: Section 94.779 — Unenforceability of certain requirements and restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.810 — OR Code / Title 10 / Chapter 105 / Section 105.810
105.810 Treble damages for injury to or removal of produce, trees or shrubs
Status: in_force

(1) Except as provided in ORS 477.089 (Recovery for property damage) and 477.092 (Liability for destruction of property by wildfire) and subsections (4) to (7) of this section, whenever any person, without lawful authority, willfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise injures or carries off any tree, timber or shrub on the land of another person, or of the state, county, United States or any public corporation, or on the street or highway in front of any person’s house, or in any village, town or city lot, or cultivated grounds, or on the common or public grounds of any village, town or city, or on the street or highway in front thereof, in an action by such person, village, town, city, the United States, state, county, or public corporation, against the person committing such trespasses if judgment is given for the plaintiff, it shall be given for treble the amount of damages claimed, or assessed for the trespass. In any such action, upon plaintiff’s proof of ownership of the premises and the commission by the defendant of any of the acts mentioned in this section, it is prima facie evidence that the acts were committed by the defendant willfully, intentionally and without plaintiff’s consent.

(2) A court may, in its discretion, award to a prevailing party under subsection (1) of this section reimbursement of reasonable costs of litigation including but not limited to investigation costs and attorney fees.

(3) A court may, in its discretion, award to a prevailing plaintiff under subsection (1) of this section reasonable costs of reforestation activities related to the injury sustained by the plaintiff.

(4) A contract logger is liable only for actual damages in an action under this section if:

(a) The contract logger conducts an operation under a signed, written contract with a person the contract logger reasonably believes to be the legal owner of the produce, trees, timber or shrubs in the operation area;

(b) The contract identifies the operation area by a metes and bounds description or other sufficient legal description;

(c) Before the contract logger begins harvesting in the operation area, the person who engages the contract logger under the contract:

(A) Locates, marks and protects from damage all survey monuments in the operation area;

(B) Flags, stakes or otherwise clearly marks the boundaries of the operation area; and

(C) Provides the contract logger with a copy of the deed, contract or other instrument that the person who engages the contract logger under the contract relies upon as proof of ownership of the produce, trees, timber or shrubs in the operation area;

(d) The contract logger verifies the deed, contract or instrument described in paragraph (c)(C) of this subsection against the metes and bounds description or other sufficient legal description in the contract;

(e) The contract logger retains a copy of the deed, contract or instrument described in paragraph (c)(C) of this subsection for at least three years; and

(f) The contract logger does not receive written notice that any person has a claim of title to the land or timber in the operation area that is adverse to the person who engages the contract logger under the contract.

(5) Subsection (4) of this section does not affect an action for double or treble damages against a contract logger for damages outside the operation area as described in subsection (4) of this section.

(6) If an action is brought under this section against a contract logger, and the contract logger was engaged to harvest the timber by a person who purported to own the timber or to have authority to harvest the timber, the person who engaged the contract logger must be joined in the action as a defendant unless jurisdiction over the person cannot be had. If a judgment is entered against the contract logger and against the person who engaged the contract logger, the contract logger shall not be required to pay any part of the judgment unless the plaintiff establishes that the judgment cannot be enforced against the person who engaged the contract logger. The plaintiff may enforce the judgment against the contract logger only if:

(a) The plaintiff makes a good faith effort for at least six months after the judgment becomes final and subject to execution to enforce the judgment against the person who engaged the contract logger; and

(b) The court determines, upon motion of the plaintiff, that all or part of the judgment cannot be collected from the person who engaged the contract logger.

(7) Subsections (2) and (3) of this section apply in an action against a contract logger under subsection (4) of this section.

(8) For purposes of this section:

(a) “Contract logger” means a person engaged in a commercial timber harvesting operation.

(b) “Operation” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770) . [Amended by 1995 c.721 §1; 1999 c.544 §1; 2013 c.307 §4; 2022 c.33 §77]

Source: Section 105.810 — Treble damages for injury to or removal of produce, trees or shrubs; costs and attorney fees; limitation on liability of contract logger , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.400 — OR Code / Title 10 / Chapter 105 / Section 105.400
105.400 When conservator or guardian may consent to partition
Status: in_force

When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 §102; 1987 c.158 §17]

Source: Section 105.400 — When conservator or guardian may consent to partition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.280 — OR Code / Title 10 / Chapter 100 / Section 100.280
100.280 Termination of filing Condominium Information Report
Status: in_force

(1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1). The application shall satisfy the requirements of ORS 100.260 (Condominium Information and Annual Reports) (5) and set forth:

(a) The name of the association as shown on the current records of the Real Estate Agency;

(b) The name of the condominium and county in which the condominium is located;

(c) The name and residence or business address, including the street and number, of a designated agent to whom a person initiating any proceeding may direct service for a period of two years; and

(d) A commitment to notify the Real Estate Agency for a period of two years from the date of termination of any change of the person or address stated in paragraph (c) of this subsection.

(2) A copy of the instrument of termination, evidencing the recording index numbers, recorded under ORS 100.600 (Termination of association or removal of real property by unit owners) , shall be delivered with the application.

(3) Upon filing by the Real Estate Agency of the application to terminate the filing, the duty of the association to comply with ORS 100.250 (Documents required to be filed with Real Estate Agency) (1) shall cease. [1989 c.595 §43; 1995 c.31 §9]

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

Source: Section 100.280 — Termination of filing Condominium Information Report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.340 — OR Code / Title 10 / Chapter 90 / Section 90.340
90.340 Occupancy of premises as dwelling unit only
Status: in_force

Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 §19]

Source: Section 90.340 — Occupancy of premises as dwelling unit only; notice of tenant absence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.880 — OR Code / Title 10 / Chapter 97 / Section 97.880
97.880 Resolution declaring a nuisance
Status: in_force

The governing board of a cemetery authority described in ORS 97.870 (Unused and uncared for portions of cemetery declared common nuisances) may adopt a resolution declaring such unused and unimproved portion of its cemetery as is described in ORS 97.870 (Unused and uncared for portions of cemetery declared common nuisances) a common nuisance and an abandoned and unused portion of such cemetery, and may direct its officers to file the complaint described in ORS 97.890 (Complaint) . [Amended by 1983 c.740 §9]

Source: Section 97.880 — Resolution declaring a nuisance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 98.353 — OR Code / Title 10 / Chapter 98 / Section 98.353
98.353 Information on filing report
Status: in_force

(1) The State Treasurer shall regularly provide educational or informational materials to persons required to file a report under ORS 98.352 (Report of abandoned property) . The educational or informational materials must include information describing:

(a) The types of property, tangible and intangible, that are subject to reporting;

(b) Persons who typically hold, knowingly or unknowingly, unclaimed property;

(c) Record keeping requirements for persons holding unclaimed property; and

(d) Any penalties for failing to comply with the provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) .

(2) The State Treasurer shall coordinate with:

(a) The Department of Consumer and Business Services, the Department of Revenue and the office of the Secretary of State in determining which persons are required to file a report under ORS 98.352 (Report of abandoned property) or who may make a claim under ORS 98.392 (Claiming unclaimed property) ; and

(b) The Department of Consumer and Business Services, the Department of Revenue and the Employment Department to include information about unclaimed property reporting requirements and claims in the regular mailings of the departments and in electronic communications and resources. [2001 c.302 §2; 2003 c.7 §2; 2019 c.678 §11]

Source: Section 98.353 — Information on filing report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.848 — OR Code / Title 10 / Chapter 94 / Section 94.848
94.848 How managing entity of developer terminated
Status: in_force

A timeshare instrument that provides for the developer or an agent selected by the developer to manage the timeshare property until an owners’ association, a trust or the owners assume the role of managing entity shall include provisions for:

(1) Termination of developer management or developer selected management by the association, trust or owners;

(2) Termination of contracts for goods and services for the timeshare property entered into during the period the developer served as the managing entity;

(3) A regular accounting at least annually by the developer to the association, trust or owners as to all matters affecting the timeshare property; and

(4) Immediate termination of the developer as managing entity by the association, trust or owners and assumption of management functions by an association or trust in the case of abandonment or substantial breakdown of management services for the timeshare plan. [1983 c.530 §10]

Source: Section 94.848 — How managing entity of developer terminated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.900 — OR Code / Title 10 / Chapter 105 / Section 105.900
105.900 “Wind energy easement” defined for ORS 105.905 and 105.910
Status: in_force

As used in ORS 105.905 (Wind energy easement appurtenant) and 105.910 (Requirements for easement creation by instrument) , “wind energy easement” means any easement, covenant or condition designed to insure the undisturbed flow of wind across the real property of another. [1981 c.590 §1]

Source: Section 105.900 — “Wind energy easement” defined for ORS 105.905 and 105.910 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.672 — OR Code / Title 10 / Chapter 105 / Section 105.672
105.672 Definitions for ORS 105.672 to 105.696
Status: in_force

As used in ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (Duty of care or liability not created) :

(1) “Charge”:

(a) Means the admission price or fee requested or expected by an owner in return for granting permission for a person to enter or go upon the owner’s land.

(b) Does not mean any amount received from a public body in return for granting permission for the public to enter or go upon the owner’s land.

(c) Does not include the fee for a winter recreation parking permit or any other parking fee of $15 or less per day.

(2) “Harvest” has that meaning given in ORS 164.813 (Unlawful cutting and transport of special forest products) .

(3) “Land” includes all real property, whether publicly or privately owned.

(4) “Owner” means:

(a) The possessor of any interest in any land, including but not limited to the holder of any legal or equitable title, a tenant, a lessee, an occupant, the holder of an easement, the holder of a right of way or a person in possession of the land;

(b) An officer, employee, volunteer or agent of a person described in paragraph (a) of this subsection, while acting within the scope of assigned duties; and

(c) A director, partner, general partner, shareholder, limited liability company member, limited liability partner or limited partner of a person described in paragraph (a) of this subsection.

(5) “Recreational purposes” includes, but is not limited to, outdoor activities such as hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, outdoor educational activities, waterskiing, winter sports, viewing or enjoying historical, archaeological, scenic or scientific sites or volunteering for any public purpose project.

(6) “Special forest products” has that meaning given in ORS 164.813 (Unlawful cutting and transport of special forest products) .

(7) “Woodcutting” means the cutting or removal of wood from land by an individual who has obtained permission from the owner of the land to cut or remove wood. [1995 c.456 §1; 2007 c.372 §1; 2009 c.532 §1; 2010 c.52 §1; 2017 c.449 §1]

Source: Section 105.672 — Definitions for ORS 105.672 to 105.696 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.942 — OR Code / Title 10 / Chapter 97 / Section 97.942
97.942 Appointment of receiver
Status: in_force

(1) The Attorney General, on behalf of the Director of the Department of Consumer and Business Services, may petition the circuit courts of this state for appointment of a receiver for a certified provider or entity acting as a certified provider without certification.

(2) If the court determines that a receivership is necessary or advisable, the court shall appoint a receiver:

(a) When a receiver would ensure the orderly and proper conduct of a certified provider’s professional business and affairs during or in the aftermath of an administrative proceeding to revoke or suspend the certified provider;

(b) When a receiver would protect the public’s interest and rights in the business, premises or activities of the certified provider or entity sought to be placed in receivership;

(c) Upon a showing of serious and repeated violations of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) demonstrating an inability or unwillingness to comply with the provisions of ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) ;

(d) When a receiver would prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) ; or

(e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the certified provider or entity sought to be placed in receivership.

(3) Intentionally left blank —Ed.

(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the director may request and the court determines to be necessary or advisable in the circumstances.

(b) Venue of receivership proceedings may be, at the director’s request, in Marion County or the county where the subject of the receivership is located. The appointed receiver shall be the director or a person that the director nominates and that the court approves.

(c) The director may expend money from budgeted funds or the Funeral and Cemetery Consumer Protection Trust Fund to implement a receivership. Any expenditures are a claim against the estate in the receivership proceedings. [2007 c.661 §24; 2012 c.7 §9]

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

Source: Section 97.942 — Appointment of receiver; criteria , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.390 — OR Code / Title 10 / Chapter 105 / Section 105.390
105.390 When proceeds paid to conservator or guardian of infant
Status: in_force

When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 §100]

Source: Section 105.390 — When proceeds paid to conservator or guardian of infant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.070 — OR Code / Title 10 / Chapter 105 / Section 105.070
105.070 Rights of donee under Donation Law
Status: in_force

In an action at law for the recovery of the possession of real property, if either party claims the property as a donee of the United States under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, such party from the date of settlement of the party on the property, as provided in said Acts, is deemed to have a legal estate in fee in the property. The estate shall continue upon the condition that the party performs the conditions required by such Acts, and is unconditional and indefeasible after the performance of such condition. If both plaintiff and defendant claim title to the same real property by virtue of settlement under such Acts, the settlement and the performance of the subsequent conditions shall be conclusively presumed in favor of the party having, or claiming under, the elder patent certificate or patent, unless it appears upon the face of such certificate or patent that it is absolutely void.

Source: Section 105.070 — Rights of donee under Donation Law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.412 — OR Code / Title 10 / Chapter 90 / Section 90.412
90.412 Waiver of termination of tenancy
Status: in_force

(1) As used in this section and ORS 90.414 (Acts not constituting waiver of termination of tenancy) and 90.417 (Duty to pay rent) , “rent” does not include funds paid to a landlord:

(a) Under the United States Housing Act of 1937 (42 U.S.C. 1437f).

(b) By any other local, state or federal housing assistance program.

(2) Except as otherwise provided in this section, a landlord waives the right to terminate a rental agreement for a particular violation of the rental agreement or of law if the landlord:

(a) During three or more separate rental periods, accepts rent with knowledge of the violation by the tenant; or

(b) Accepts performance by a tenant that varies from the terms of the rental agreement.

(3) A landlord has not accepted rent for purposes of subsection (2) of this section if:

(a) Within 10 days after receipt of the rent payment, the landlord refunds the rent; or

(b) The rent payment is made in the form of a check that is dishonored.

(4) A landlord does not waive the right to terminate a rental agreement for a violation under any of the following circumstances:

(a) The landlord and tenant agree otherwise after the violation has occurred.

(b) The violation concerns the tenant’s conduct and, following the violation but prior to acceptance of rent for three rental periods or performance as described in subsection (2) of this section, the landlord gives a written warning notice to the tenant regarding the violation that:

(A) Describes specifically the conduct that constitutes the violation, either as a separate and distinct violation, a series or group of violations or a continuous or ongoing violation;

(B) States that the tenant is required to discontinue the conduct or correct the violation; and

(C) States that a reoccurrence of the conduct that constitutes a violation may result in a termination of the tenancy pursuant to 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) or 90.630 (Termination by landlord) .

(c) The violation concerns the tenant’s failure to pay money owed to the landlord for damage to the premises, damage to any other structure located upon the grounds, utility charges, fees or deposits and, following the violation but prior to the acceptance of rent for three rental periods or performance as described in subsection (2) of this section, the landlord gives a written warning notice to the tenant regarding the violation that:

(A) Describes specifically the basis of the claim and the amount of money owed that constitutes the violation;

(B) States that the tenant is required to correct the violation by paying the money owed; and

(C) States that continued nonpayment of the money owed that constitutes a violation may result in a termination of the tenancy pursuant to ORS 90.392 (Termination of tenancy for cause) .

(d) The tenancy consists of rented space for a manufactured dwelling or floating home as described in ORS 90.505 (Definitions for ORS 90.505 to 90.850) , and the violation concerns:

(A) Disrepair or deterioration of the manufactured dwelling or floating home pursuant to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) ; or

(B) A failure to maintain the rented space, as provided by ORS 90.740 (Tenant obligations) (2), (4)(b) and (4)(h) and (i).

(e) The termination is under ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) .

(f) The landlord accepts:

(A) A last month’s rent deposit collected at the beginning of the tenancy, regardless of whether the deposit covers a period beyond a termination date;

(B) Rent distributed pursuant to a court order releasing money paid into court as provided by ORS 90.370 (Tenant counterclaims in action by landlord for possession or rent) (1); or

(C) Rent paid for a rent obligation not yet due and paid more than one rental period in advance.

(5) Intentionally left blank —Ed.

(a) For a continuous or ongoing violation, the landlord’s written warning notice under subsection (4)(b) of this section remains effective for 12 months and may be renewed with a new warning notice before the end of the 12 months.

(b) For a violation concerning the tenant’s failure to pay money owed to the landlord, the landlord’s written warning notice under subsection (4)(c) of this section remains effective for 12 months from the date of the tenant’s failure to pay the money owed.

(6) A landlord that must refund rent under this section or ORS 90.414 (Acts not constituting waiver of termination of tenancy) shall make the refund:

(a) To the tenant by personal delivery or first class mail in any form of check or money or electronically as provided in ORS 90.300 (Security deposits) (13); or

(b) To any other payer by personal delivery or first class mail in any form of check or money. [2007 c.906 §27; 2013 c.443 §7; 2015 c.388 §4; 2023 c.296 §6]

Source: Section 90.412 — Waiver of termination of tenancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.975 — OR Code / Title 10 / Chapter 105 / Section 105.975
105.975 Short title
Status: in_force

(1) ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) shall be cited as the Uniform Statutory Rule Against Perpetuities.

(2) ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) among states enacting it.

(3) ORS 105.950 (Statutory rule against perpetuities) to 105.975 (Short title) supersede the rule of the common law known as the rule against perpetuities. [1989 c.208 §§6,7,8]

Source: Section 105.975 — Short title; application and construction; supersession and repeal of common law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.153 — OR Code / Title 10 / Chapter 105 / Section 105.153
105.153 Form of notice of restitution for judgment not entered under ORS 105.146
Status: in_force

If a court entered a judgment other than pursuant to ORS 105.146 (Failure of defendant to perform as ordered) , a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 (Enforcement of judgment of restitution) must be in substantially the following form:

Case Number _________ TO: __________________

(Defendant/Tenant)

___________________________

___________________________

___________________________

MOVE OUT DATE: _________

The Court has ordered you to move out of the property. You must move out no later than 11:59 p.m. on the Move Out Date.

If you and everyone else living there do not move out by that time, the Sheriff will physically remove you. You must also move all of your belongings by that time. Anything you leave behind will be stored or disposed of as allowed by law.

________________________

Deputy Court Administrator

[2001 c.596 §16 ( 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)]

Source: Section 105.153 — Form of notice of restitution for judgment not entered under ORS 105.146 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.597 — OR Code / Title 10 / Chapter 105 / Section 105.597
105.597 Places declared nuisances per se
Status: in_force

In addition to any places described in ORS 105.555 (Places declared nuisances subject to abatement) , the following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) :

(1) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities, except with regard to activities and animals described under ORS 167.335 (Exemption from ORS 167.315 to 167.333) , whether or not carried out with a particular mental state:

(a) Causing physical injury or serious physical injury, both as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) , or cruelly causing death.

(b) Killing maliciously as defined in ORS 167.322 (Aggravated animal abuse in the first degree) or committing torture as defined in ORS 167.322 (Aggravated animal abuse in the first degree) .

(c) Failing to provide minimum care as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) .

(d) Possession of a domestic animal as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) by a person described under ORS 167.332 (Prohibition against possession of same genus or domestic animal) .

(2) Any place appearing to be vacant at which a domestic animal or equine, both as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) , are present and have been left without provision for minimum care as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) .

(3) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities, whether or not carried out with a particular mental state:

(a) Training or keeping an animal for use in an exhibition of fighting as defined in ORS 167.355 (Involvement in animal fighting) .

(b) Preparing for, occupation for, promoting, conducting or participating in an exhibition of fighting as defined in ORS 167.355 (Involvement in animal fighting) .

(c) Possessing, keeping, breeding, training, buying, selling or offering for sale a fighting dog as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372) .

(d) Promoting, conducting, participating in or performing services in furtherance of a dogfight as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372) .

(e) Occupation, keeping or use of the place for a dogfight as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372) .

(f) Exchanging for commerce raw fur of a domestic cat or dog as defined in ORS 167.390 (Commerce in fur of domestic cats and dogs prohibited) , or products that include the fur of a domestic cat or dog, if the fur is obtained through a process that kills or maims the domestic cat or dog.

(g) Possessing, keeping, rearing, training, buying, selling or offering for sale a fighting bird as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) .

(h) Promoting, conducting, participating in or performing services in furtherance of a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) .

(i) Occupation, keeping or use of the place for a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) .

(4) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities:

(a) Sexual assault of an animal as described in ORS 167.333 (Sexual assault of an animal) .

(b) Possession of dogfighting paraphernalia as described under ORS 167.372 (Possessing dogfighting paraphernalia) .

(c) Selling or offering for sale equipment other than paraphernalia described in paragraph (b) of this subsection with the intent that the equipment be used to train a fighting dog as defined in ORS 167.360 (Definitions for ORS 167.360 to 167.372) .

(d) Possessing, controlling or otherwise having charge at the same time of more than 50 sexually intact dogs that are two or more years of age for the primary purpose of reproduction.

(e) Manufacturing, buying, selling, bartering, exchanging, possessing or offering for sale a gaff or slasher as those terms are defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) , or other sharp implement designed for attachment to the leg of a fighting bird as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) , with the intent that the gaff, slasher or other sharp implement be used in a cockfight as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) .

(f) Manufacturing, buying, selling, bartering, exchanging, possessing or offering for sale equipment other than equipment described in paragraph (e) of this subsection with the intent that the equipment be used to train or handle a fighting bird as defined in ORS 167.426 (Definitions for ORS 167.426 to 167.439) or to enhance the fighting ability of a fighting bird. [2015 c.136 §2]

Source: Section 105.597 — Places declared nuisances per se , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 99.020 — OR Code / Title 10 / Chapter 99 / Section 99.020
99.020 Oath of arbitrators
Status: in_force

Before the arbitrators proceed as provided in ORS 99.010 (Procedure for reclaiming property placed on another’s land by high water) , they shall be sworn to discharge their duties faithfully, impartially and according to law by a person having power to administer oaths.

Source: Section 99.020 — Oath of arbitrators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors099.­html (accessed May 26, 2025).
ORS § 105.590 — OR Code / Title 10 / Chapter 105 / Section 105.590
105.590 Penalty for intentional violation of restraining order
Status: in_force

An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) is a Class B misdemeanor. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]

Source: Section 105.590 — Penalty for intentional violation of restraining order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.935 — OR Code / Title 10 / Chapter 97 / Section 97.935
97.935 Registration of master trustees
Status: in_force

(1) An entity may not operate as a master trustee unless the entity is registered with the Director of the Department of Consumer and Business Services. The director shall:

(a) Establish procedures for registering master trustees under this section.

(b) Establish standards for master trustees.

(c) Set registration and renewal fees.

(d) Establish standards for rules of conduct of master trustees.

(2) Intentionally left blank —Ed.

(a) A master trustee shall file an annual report with the director on forms prescribed by the director by rule. The annual report must contain any information reasonably considered necessary by the director, including but not limited to:

(A) A disclosure of changes in trust deposits; and

(B) A list of all certified providers for which the master trustee holds funds and the total amount of funds held for each certified provider.

(b) The director may take appropriate action under ORS 97.948 (Grounds for discipline by director for violation of ORS 97.923 to 97.949) and 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) if a master trustee fails to file the annual report or the report contains any material discrepancy.

(c) The director may relieve a master trustee of the duty to file the annual report upon a determination that the master trustee has performed all obligations under the trust agreement with each certified provider, or that the master trustee’s obligations have been lawfully assumed by another master trustee or have been discharged or canceled.

(3) The director may conduct an annual audit of a master trustee. The director shall prescribe the form of audits under this section by rule.

(4) A master trustee who is audited under this section shall pay all expenses and costs incurred by the director in conducting the audit. [2001 c.796 §2; 2003 c.362 §4; 2007 c.661 §16; 2012 c.7 §5]

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

Source: Section 97.935 — Registration of master trustees; annual reports; rules; annual audits; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.609 — OR Code / Title 10 / Chapter 94 / Section 94.609
94.609 Notice of meeting to turn over administrative responsibility
Status: reserved

(1) At the time specified in the declaration, but not later than 90 days after expiration of any period of declarant control reserved under ORS 94.600 (Declarant control of association) , or 90 days after conveying 10 lots in the planned community if there is not a period of declarant control, the declarant shall call a meeting for the purpose of turning over administrative responsibility for the planned community to the homeowners association.

(2) The declarant shall give notice of the meeting to each owner as provided in the bylaws.

(3) If the declarant does not call a meeting under this section within the required time, the transitional advisory committee formed under ORS 94.604 (Transitional advisory committee) or any owner may call a meeting and give notice as required in this section. [1981 c.782 §65; 1999 c.677 §10]

Source: Section 94.609 — Notice of meeting to turn over administrative responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 98.150 — OR Code / Title 10 / Chapter 98 / Section 98.150
98.150 Affidavit by custodian when no response to notice
Status: in_force

If the owner or person entitled to the property to be sold pursuant to ORS 98.130 (Right of custodian to sell property) shall not take it away and pay the charges thereon after 60 days’ notice is given, the person having possession thereof, the agent or attorney of the person shall deliver to a justice of the peace of the county where the property was received an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of the property is known or unknown.

Source: Section 98.150 — Affidavit by custodian when no response to notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 94.905 — OR Code / Title 10 / Chapter 94 / Section 94.905
94.905 Surety bond
Status: in_force

Any surety bond furnished to the Real Estate Commissioner under ORS 94.890 (Lien payment trust) must be in an amount which is not less than 110 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance affecting the timeshare property. The surety bond must be issued by a surety authorized to do business in Oregon and having sufficient net worth to be acceptable to the commissioner. The bond shall provide for payment, up to the limit of the bond, of all amounts secured by the blanket encumbrance, including costs, expenses and legal fees of the lienholder, if for any reason the blanket encumbrance is enforced. The obligee of the surety bond shall be the commissioner on behalf of the timeshare owners. The bond may be reduced periodically in proportion to the reduction of the remaining principal balance of the indebtedness secured by the blanket encumbrances. Upon being furnished with a surety bond satisfying the foregoing requirements, the developer shall prepare and the commissioner shall execute and acknowledge a document in recordable form accepting the surety bond and identifying the timeshare property to which it applies. [1983 c.530 §35]

Source: Section 94.905 — Surety bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.680 — OR Code / Title 10 / Chapter 94 / Section 94.680
94.680 Blanket all-risk insurance
Status: in_force

(1) If a declaration or bylaws provide that the homeowners association has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or whether a unit must be repaired or reconstructed, the board of directors shall obtain blanket all-risk insurance for the full replacement cost of all structures in the planned community. Cost of the coverage shall be a common expense to the association.

(2) If the declaration or bylaws contain a provision described in subsection (1) of this section, the declaration or bylaws also shall provide:

(a) Requirements of or limitations on repairing or reconstructing damaged or destroyed property;

(b) The time within which the repair or reconstruction must begin; and

(c) The actions the board of directors must take if:

(A) Damage or destruction is not repaired or replaced; or

(B) Insurance proceeds exceed or fall short of the costs of repair or reconstruction. [1981 c.782 §52; 1999 c.677 §22; 2007 c.409 §15]

Source: Section 94.680 — Blanket all-risk insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.550 — OR Code / Title 10 / Chapter 105 / Section 105.550
105.550 Definitions for ORS 105.550 to 105.600
Status: in_force

As used in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) , unless the context requires otherwise:

(1) “Of record” means:

(a) With regard to real property, that an owner’s interest is recorded in the public records provided for by Oregon statutes where the owner’s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner’s interest; or

(b) With regard to personal property, that an owner’s interest is recorded in the public records under any applicable state or federal law where the owner’s interest must be recorded to perfect a lien or security interest, or provide constructive notice of the owner’s interest.

(2) “Owner” means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property.

(3) “Place” or “property” includes, but is not limited to, any premises, room, house, building or structure or any separate part or portion thereof whether permanent or not or the ground itself or any conveyance or any part or portion thereof. [1989 c.846 §2; 1999 c.168 §6]

Source: Section 105.550 — Definitions for ORS 105.550 to 105.600 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.320 — OR Code / Title 10 / Chapter 90 / Section 90.320
90.320 Landlord to maintain premises in habitable condition
Status: in_force

(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

(a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

(b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

(c) A water supply approved under applicable law that is:

(A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

(B) Furnished to appropriate fixtures;

(C) Connected to a sewage disposal system approved under applicable law; and

(D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

(d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

(e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

(f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement 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, and all areas under control of the landlord 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) 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 the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

(h) Floors, walls, ceilings, stairways and railings maintained in good repair;

(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270 (Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector) , but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (Tenant duties) (1);

(k) A carbon monoxide alarm, and the dwelling unit:

(A) Contains a carbon monoxide source; or

(B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

(L) Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys; or

(m) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

(A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

(B) Conform to applicable law at the time of installation and are maintained in good working order; and

(C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

(2) 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 in 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.

(3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) and not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11; 2009 c.591 §12; 2013 c.294 §9; 2022 c.86 §11]

Source: Section 90.320 — Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.050 — OR Code / Title 10 / Chapter 92 / Section 92.050
92.050 Requirements of survey and plat of subdivision and partition
Status: in_force

(1) A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 (Survey by registered land surveyor) and the plat requirements of the subdivision or partition have been met.

(2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

(3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

(4) The plat of the subdivision or partition shall be of sufficient scale and lettering size, approved by the county surveyor, so that:

(a) The survey and mathematical information and all other details are clearly and legibly shown on the plat.

(b) Each lot or parcel is numbered consecutively.

(c) The lengths and courses of the boundaries of each lot or parcel are shown on the plat.

(d) Each street is named and shown on the plat.

(5) The locations and descriptions of all monuments found or set must be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor’s certificate, must be shown.

(6) The location, dimensions and purpose of all recorded and proposed public and private easements must be shown on the subdivision or partition plat along with the county clerk’s recording reference if the easement has been recorded by the county clerk. Private easements become effective upon the recording of the plat.

(7) The area of each lot or parcel must be shown on the subdivision or partition plat.

(8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information must be shown on the subdivision or partition plat either on the face of the map or in a separate table:

(a) Arc length;

(b) Chord length;

(c) Chord bearing;

(d) Radius; and

(e) Central angle.

(9) A city or county may not require that a final subdivision, condominium or partition plat show graphically or by notation on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county or any other information unless authorized by the county surveyor. [Amended by 1955 c.756 §10; 1983 c.309 §3; 1989 c.772 §8; 1991 c.763 §10; 1993 c.702 §3; 1995 c.382 §4; 1997 c.489 §2; 1999 c.1018 §1; 2005 c.399 §5]

Source: Section 92.050 — Requirements of survey and plat of subdivision and partition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).