ORS § 100.110 — OR Code / Title 10 / Chapter 100 / Section 100.110
100.110 Approval of declaration, supplemental declaration or amendment required
Status: in_force

(1) Intentionally left blank —Ed.

(a) Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county assessor of the county in which the property is located and the Real Estate Commissioner.

(b) Before a declaration, supplemental declaration or, if required under subsection (3) of this section, an amendment thereto may be recorded, it must be approved by the tax collector of the county in which the property is located.

(c) A declaration, supplemental declaration or amendment thereto may not be approved unless the requirements of subsections (2) to (7) of this section are met. Approval must be evidenced by execution of the declaration or amendment or by a written approval attached thereto.

(d) If the requirements of subsections (2) to (7) of this section are met, the commissioner, county assessor and tax collector, if applicable, shall approve the declaration, supplemental declaration or amendment.

(2) The county assessor of the county in which the property is located shall approve a declaration, supplemental declaration or amendment thereto if:

(a) The name complies with ORS 100.105 (Contents of declaration) (5) and (6); and

(b) The plat complies with the requirements of ORS 100.115 (Recording declaration and plat) or the plat amendment complies with ORS 100.116 (Plat amendment) .

(3) The tax collector of the county in which the property is located shall approve the declaration or supplemental declaration, or an amendment that adds property to the condominium, changes the boundary of a unit or creates an additional unit from all or parts of other units or from all or parts of other units and common elements for which a plat amendment is required under ORS 100.116 (Plat amendment) , if:

(a) All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll for the affected units that have or will become a lien upon the property during the tax year have been paid;

(b) Advance payment of ad valorem taxes, special assessments, fees or other charges for the affected units that are not on the tax roll and for which payment is required under paragraph (a) of this subsection has been made to the tax collector utilizing the procedures contained in ORS 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) and 311.370 (Receipts for taxes collected in advance of extension on the tax roll) ; and

(c) The additional taxes, penalty, and any interest attributable thereto, required because of disqualification of the affected units from any special assessment have been paid.

(4) Subject to subsection (6) of this section, the commissioner shall approve the declaration or amendment thereto if:

(a) The declaration or the amendment thereto complies with the requirements of ORS 100.105 (Contents of declaration) and 100.135 (Amendments to declaration) and other provisions of this chapter;

(b) The bylaws adopted under ORS 100.410 (Adoption of bylaws) comply with the requirements of ORS 100.410 (Adoption of bylaws) and 100.415 (Contents of bylaws) and other provisions of this chapter;

(c) The plat complies with the requirements of ORS 100.115 (Recording declaration and plat) or the plat amendment complies with ORS 100.116 (Plat amendment) and other provisions of this chapter;

(d) The declaration is for a conversion condominium and the declarant has submitted:

(A) An affidavit that the notice of conversion was given in accordance with ORS 100.305 (Conversion condominium) and that the notice period has expired;

(B) An affidavit that the notice of conversion was given in accordance with ORS 100.305 (Conversion condominium) and copies of the written consent of any tenants as provided in ORS 100.305 (Conversion condominium) (6) or a signed statement that no tenants were entitled to notice under ORS 100.305 (Conversion condominium) ; or

(C) Any applicable combination of the requirements of subparagraphs (A) and (B) of this paragraph;

(e) A copy of the plat executed by the declarant and prepared in conformance with ORS 100.115 (Recording declaration and plat) or plat amendment prepared in conformance with ORS 100.116 (Plat amendment) is submitted;

(f) A certification of plat execution, on a form prescribed and furnished by the commissioner, is:

(A) Executed by the declarant, the professional land surveyor who signed the surveyor’s certificate on the plat, the attorney for the declarant, a representative of the title insurance company that issued the information required under ORS 100.640 (Filing) (1)(e) or 100.668 (Documents and information included with filing) (2)(d) or another person authorized by the declarant in writing to execute the certification; and

(B) Submitted stating that the copy is a true copy of the plat signed by the declarant; and

(g) A copy of a reserve study has been submitted, if a disclosure statement was issued under ORS 100.655 (Disclosure statement) and the reserve study was not included pursuant to ORS 100.640 (Filing) (1)(g).

(5) The commissioner shall approve a supplemental declaration if:

(a) The supplemental declaration complies with the requirements of ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) and other provisions of this chapter;

(b) The supplemental plat complies with the requirements of ORS 100.115 (Recording declaration and plat) ;

(c) The supplemental declaration is for a conversion condominium and the declarant has complied with the requirements of subsection (4)(d) of this section; and

(d) A copy of the supplemental plat and a certification of plat execution described in subsection (4)(e) and (f) of this section have been submitted.

(6) Approval by the commissioner is not required for an amendment to a declaration transferring the right of use of a limited common element pursuant to ORS 100.515 (Interest of units in common elements) (5).

(7) Before the commissioner approves the declaration, supplemental declaration or amendment thereto under this section:

(a) The declarant or other person requesting approval shall pay to the commissioner a fee determined by the commissioner under ORS 100.670 (Fees) ; and

(b) For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS 100.260 (Condominium Information and Annual Reports) must be designated current by the Real Estate Agency as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) and the fee required under ORS 100.670 (Fees) must be paid.

(8) If the declaration, supplemental declaration or amendment thereto approved by the commissioner under subsection (4) or (5) of this section is not recorded in accordance with ORS 100.115 (Recording declaration and plat) within one year from the date of approval by the commissioner, the approval automatically expires and the declaration, supplemental declaration or amendment thereto must be resubmitted for approval in accordance with this section. The commissioner’s approval must set forth the date on which the approval expires. [Formerly 94.036; 1991 c.459 §339; 1993 c.270 §1; 1997 c.816 §4; 1999 c.677 §41; 2001 c.756 §27; 2009 c.641 §40; 2019 c.69 §4; 2023 c.223 §12]

Source: Section 100.110 — Approval of declaration, supplemental declaration or amendment required; prerequisites; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 90.440 — OR Code / Title 10 / Chapter 90 / Section 90.440
90.440 Termination of tenancy in group recovery home
Status: in_force

(1) As used in this section:

(a) “Group recovery home” means a place that provides occupants with shared living facilities and that meets the description of a group home under 42 U.S.C. 300x-25.

(b) “Illegal drugs” includes controlled substances or prescription drugs:

(A) For which the tenant does not have a valid prescription; or

(B) That are used by the tenant in a manner contrary to the prescribed regimen.

(c) “Marijuana item” has the meaning given that term in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) .

(d) “Peace officer” means:

(A) A sheriff, constable, marshal or deputy;

(B) A member of a state or city police force;

(C) A police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ; or

(D) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(2) Intentionally left blank —Ed.

(a) Notwithstanding ORS 90.375 (Effect of unlawful ouster or exclusion) and 90.435 (Limitation on recovery of possession of premises) , a group recovery home may terminate a tenancy and peaceably remove a tenant without complying with ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if the tenant has used or possessed alcohol, a marijuana item or illegal drugs within the preceding seven days.

(b) For purposes of this subsection, the following are sufficient proof that a tenant has used or possessed alcohol, a marijuana item or illegal drugs:

(A) The tenant fails a test for alcohol, cannabis or illegal drug use;

(B) The tenant refuses a request made in good faith by the group recovery home that the tenant take a test for alcohol, cannabis or illegal drug use; or

(C) Any person has personally observed the tenant using or possessing alcohol, a marijuana item or illegal drugs.

(3) A group recovery home that undertakes the removal of a tenant under this section shall personally deliver to the tenant a written notice that:

(a) Describes why the tenant is being removed;

(b) Describes the proof that the tenant has used or possessed alcohol, a marijuana item or illegal drugs within the seven days preceding delivery of the notice;

(c) Specifies the date and time by which the tenant must move out of the group recovery home;

(d) Explains that if the removal was wrongful or in bad faith the tenant may seek injunctive relief to recover possession under ORS 105.121 (Forms in action for possession of group recovery home) and may bring an action to recover monetary damages; and

(e) Gives contact information for the local legal services office and for the Oregon State Bar’s Lawyer Referral Service, identifying those services as possible sources for free or reduced-cost legal services.

(4) A written notice in substantially the following form meets the requirements of subsection (3) of this section:

This notice is to inform you that you must move out of ________ (insert address of group recovery home) by ________ (insert date and time that is not less than 24 hours after delivery of notice).

The reason for this notice is ________ (specify use or possession of alcohol, marijuana or illegal drugs, as applicable, and dates of occurrence).

The proof of your use or possession is ________ (specify facts).

If you did not use or possess alcohol, marijuana or illegal drugs within the seven days before delivery of this notice, if this notice was given in bad faith or if your group recovery home has not substantially complied with ORS 90.440 (Termination of tenancy in group recovery home) , you may be able to get a court to order the group recovery home to let you move back in. You may also be able to recover monetary damages.

You may be eligible for free legal services at your local legal services office ________ (insert telephone number) or reduced fee legal services through the Oregon State Bar at 1-800-452-7636.

(5) Within the notice period, a group recovery home shall allow a tenant removed under this section to follow any emergency departure plan that was prepared by the tenant and approved by the group recovery home at the time the tenancy began. If the removed tenant does not have an emergency departure plan, a representative of the group recovery home shall offer to take the removed tenant to a public shelter, detoxification center or similar location if existing in the community.

(6) The date and time for moving out specified in a notice under subsection (3) of this section must be at least 24 hours after the date and time the notice is delivered to the tenant. If the tenant remains on the group recovery home premises after the date and time for moving out specified in the notice, the tenant is a person remaining unlawfully in a dwelling as described in ORS 164.255 (Criminal trespass in the first degree) and not a person described in ORS 105.115 (Causes of unlawful holding by force) . Only a peace officer may forcibly remove a tenant who remains on the group recovery home premises after the date and time specified for moving out.

(7) A group recovery home that removes a tenant under this section shall send a copy of the notice described in subsection (3) of this section to the Oregon Health Authority no later than 72 hours after delivering the notice to the tenant.

(8) A tenant who is removed under subsection (2) of this section may obtain injunctive relief to recover possession and may recover an amount equal to the greater of actual damages or three times the tenant’s monthly rent if:

(a) The group recovery home removed the tenant in bad faith or without substantially complying with this section; or

(b) If removal is under subsection (2)(b)(C) of this section, the removal was wrongful because the tenant did not use or possess alcohol, a marijuana item or illegal drugs.

(9) Notwithstanding ORS 12.125 (Action arising under rental agreement) , a tenant who seeks to obtain injunctive relief to recover possession under ORS 105.121 (Forms in action for possession of group recovery home) must commence the action to seek relief not more than 90 days after the date specified in the notice for the tenant to move out.

(10) In any court action regarding the removal of a tenant under this section, a group recovery home may present evidence that the tenant used or possessed alcohol, a marijuana item or illegal drugs within seven days preceding the removal, whether or not the evidence was described in the notice required by subsection (3) of this section.

(11) This section does not prevent a group recovery home from terminating a tenancy as provided by any other provision of this chapter and evicting a tenant as provided in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) . [2007 c.715 §3; 2009 c.595 §59; 2011 c.644 §§11,61,69; 2013 c.180 §§5,6; 2015 c.174 §3; 2017 c.21 §35]

DOMESTIC VIOLENCE, SEXUAL ASSAULT, BIAS CRIME OR STALKING

Source: Section 90.440 — Termination of tenancy in group recovery home; recovery of possession; damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.937 — OR Code / Title 10 / Chapter 97 / Section 97.937
97.937 Deposit of trust funds made by endowment care cemeteries
Status: in_force

(1) This section applies to trust deposits required to be made by endowment care cemeteries under ORS 97.929 (Exceptions to ORS 97.923 to 97.949) .

(2) As used in this section, “common trust account” means trust funds received by a provider from two or more purchasers.

(3) All such trust funds shall be deposited by the provider with a financial institution in the State of Oregon carrying deposit insurance, within 15 days after receipt thereof. A trust fund shall be held in a separate account in the name of the provider followed by the words “funeral plan trust account,” in trust for the person for whom such prearranged funeral plan is made, or in a common trust account in the name of the provider in trust for each person for whom such prearranged funeral plan is made, until a trust fund is released under any of the following conditions:

(a) Upon presentation of proof of the death of the person for whom a prearranged funeral plan is made, the financial institution shall release the principal and accrued income allocable to that person’s account to the provider.

(b) Upon presentation of the written request of the purchaser of a revocable trust, the financial institution shall release the principal and accrued income allocable to the purchaser’s account as directed in such request.

(c) Upon presentation of proof of the death, dissolution, insolvency or merger with another of the provider of a revocable trust, the financial institution shall release the principal and accrued income allocable to each purchaser’s account to that purchaser.

(d) Upon presentation of proof of the death, dissolution, insolvency or merger with another of the provider of an irrevocable trust, the financial institution shall continue to hold such trust fund subject to the funeral plan trust, and upon appointment of a successor provider by the purchaser, the purchaser’s legal representative, the Director of the Department of Consumer and Business Services or a court of competent jurisdiction, the financial institution shall release such trust fund to the successor provider only as provided in paragraph (a) of this subsection.

(4) If trust funds are held in a common trust account under subsection (3) of this section, the provider shall maintain records showing the purchaser and beneficiary of each individual trust fund in the account and the allocation to each individual trust fund of interest earned by the account. The records concerning allocation of interest must be updated at least annually.

(5) The provider may appoint a successor depository. The original depository shall only release the trust funds to the successor depository as described in subsections (1) to (4) of this section.

(6) The financial institution is not responsible for the fulfillment of any prearranged funeral plan, excepting only such financial institution shall release a trust fund as provided in this section.

(7) The director may appoint a successor provider upon a determination that the original provider has ceased to provide the kinds of services and things which the original provider agreed to provide, that the purchaser or the purchaser’s legal representative cannot be readily identified or contacted and that the appointment of a successor provider is appropriate in order to protect the interests of the trust beneficiaries. Financial institutions holding deposits of such trust funds shall change their records to reflect such appointment of a successor provider upon receipt of written notice of the appointment from the director. Where the director proposes to take such action under this subsection, the provider being replaced shall be accorded notice and an opportunity for hearing as provided in ORS chapter 183. [Formerly 128.415; 2007 c.661 §17]

Note: 97.937 (Deposit of trust funds made by endowment care cemeteries) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.937 — Deposit of trust funds made by endowment care cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.979 — OR Code / Title 10 / Chapter 93 / Section 93.979
93.979 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b). [2011 c.212 §18]

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

Source: Section 93.979 — Relation to Electronic Signatures in Global and National Commerce Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 95.240 — OR Code / Title 10 / Chapter 95 / Section 95.240
95.240 Transfer or obligation voidable as to present creditor
Status: in_force

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.

(3) Subject to ORS 95.210 (Insolvency) , a creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. [1985 c.664 §5; 2023 c.83 §9]

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

Source: Section 95.240 — Transfer or obligation voidable as to present creditor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 90.675 — OR Code / Title 10 / Chapter 90 / Section 90.675
90.675 Disposition of manufactured dwelling or floating home left in facility
Status: in_force

(1) As used in this section:

(a) “Current market value” means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for personal property by an informed buyer to an informed seller, each acting without compulsion in an arm’s-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor.

(b) “Dispose of the personal property” means that, if reasonably appropriate, the landlord may throw away the property or may give it without consideration to a nonprofit organization or to a person unrelated to the landlord. The landlord may not retain the property for personal use or benefit.

(c) “Lienholder” means any lienholder of abandoned personal property, if the lien is of record or the lienholder is actually known to the landlord.

(d) “Of record” means:

(A) For a manufactured dwelling, that a security interest has been properly recorded in the records of the Department of Consumer and Business Services pursuant to ORS 446.611 (Perfection of security interest in manufactured structure having ownership document) or on a certificate of title issued by the Department of Transportation prior to May 1, 2005.

(B) For a floating home, that a security interest has been properly recorded with the State Marine Board pursuant to ORS 830.740 (Perfection of security interest in boats, boathouses and floating homes covered by certificate of title) to 830.755 (Transfer by operation of law of title subject to security interest) for a home registered and titled with the board pursuant to ORS 830.715 (Record of certificates and numbers) .

(e) “Personal property” means only a manufactured dwelling or floating home located in a facility and subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) . “Personal property” does not include goods left inside a manufactured dwelling or floating home or left upon a rented space and subject to disposition under ORS 90.425 (Disposition of personal property abandoned by tenant) .

(2) A landlord is responsible for abandoned personal property and shall store, sell or dispose of abandoned personal property as provided by this section. This section governs the rights and obligations of landlords, tenants and any lienholders in any personal property abandoned or left upon the premises by the tenant or any lienholder in the following circumstances:

(a) The tenancy has ended by termination or expiration of a rental agreement or by relinquishment or abandonment of the premises and the landlord reasonably believes under all the circumstances that the tenant has left the personal property upon the premises with no intention of asserting any further claim to the premises or to the personal property;

(b) The tenant has been absent from the premises continuously for seven days after termination of a tenancy by a court order that has not been executed; or

(c) The landlord receives possession of the premises from the sheriff following restitution pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice) .

(3) Prior to storing, selling or disposing of the tenant’s personal property under this section, the landlord must give a written notice to the tenant that must be:

(a) Personally delivered to the tenant; or

(b) Sent by first class mail addressed and mailed to the tenant at:

(A) The premises;

(B) Any post-office box held by the tenant and actually known to the landlord; and

(C) The most recent forwarding address if provided by the tenant or actually known to the landlord.

(4) Intentionally left blank —Ed.

(a) A landlord shall also give a copy of the notice described in subsection (3) of this section to:

(A) Any lienholder of the personal property;

(B) The tax collector of the county where the personal property is located; and

(C) The assessor of the county where the personal property is located.

(b) The landlord shall give the notice copy required by this subsection by personal delivery or first class mail, except that for any lienholder, mail service must be both by first class mail and by certified mail with return receipt requested.

(c) A notice to lienholders under paragraph (a)(A) of this subsection must be sent to each lienholder at each address:

(A) Actually known to the landlord;

(B) Of record; and

(C) Provided to the landlord by the lienholder in a written notice that identifies the personal property subject to the lien and that was sent to the landlord by certified mail with return receipt requested within the preceding five years. The notice must identify the personal property by describing the physical address of the property.

(5) The notice required under subsection (3) of this section must state that:

(a) The personal property left upon the premises is considered abandoned;

(b) The tenant or any lienholder must contact the landlord by a specified date, as provided in subsection (6) of this section, to arrange for the removal of the abandoned personal property;

(c) The personal property is stored on the rented space;

(d) The tenant or any lienholder, except as provided by subsection (19) of this section, may arrange for removal of the personal property by contacting the landlord at a described telephone number or address on or before the specified date;

(e) The landlord shall make the personal property available for removal by the tenant or any lienholder, except as provided by subsection (19) of this section, by appointment at reasonable times;

(f) If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b) of this section, the landlord may require payment of storage charges, as provided by subsection (7)(b) of this section, prior to releasing the personal property to the tenant or any lienholder;

(g) If the personal property is considered to be abandoned pursuant to subsection (2)(c) of this section, the landlord may not require payment of storage charges prior to releasing the personal property;

(h) If the tenant or any lienholder fails to contact the landlord by the specified date or fails to remove the personal property within 30 days after that contact, the landlord may sell or dispose of the personal property. If the landlord reasonably believes the county assessor will determine that the current market value of the personal property is $8,000 or less, and the landlord intends to dispose of the property if the property is not claimed, the notice shall state that belief and intent; and

(i) If applicable, there is a lienholder that has a right to claim the personal property, except as provided by subsection (19) of this section.

(6) For purposes of subsection (5) of this section, the specified date by which a tenant or lienholder must contact a landlord to arrange for the disposition of abandoned personal property must be not less than 45 days after personal delivery or mailing of the notice.

(7) After notifying the tenant as required by subsection (3) of this section, the landlord:

(a) Shall store the abandoned personal property of the tenant on the rented space and shall exercise reasonable care for the personal property; and

(b) Is entitled to reasonable or actual storage charges and costs incidental to storage or disposal. The storage charge may be no greater than the monthly space rent last payable by the tenant.

(8) If a tenant or lienholder, upon the receipt of the notice provided by subsection (3) or (4) of this section or otherwise, responds by actual notice to the landlord on or before the specified date in the landlord’s notice that the tenant or lienholder intends to remove the personal property from the premises, the landlord must make that personal property available for removal by the tenant or lienholder by appointment at reasonable times during the 30 days following the date of the response, subject to subsection (19) of this section. If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b) of this section, but not pursuant to subsection (2)(c) of this section, the landlord may require payment of storage charges, as provided in subsection (7)(b) of this section, prior to allowing the tenant or lienholder to remove the personal property. Acceptance by a landlord of such payment does not operate to create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 (Waiver of termination of tenancy) or 90.417 (Duty to pay rent) .

(9) Except as provided in subsections (19) to (22) of this section, if the tenant or lienholder does not respond within the time provided by the landlord’s notice, or the tenant or lienholder does not remove the personal property within 30 days after responding to the landlord or by any date agreed to with the landlord, whichever is later, the personal property is conclusively presumed to be abandoned. The tenant and any lienholder that have been given notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest to the personal property and may not claim or sell the property.

(10) If the personal property is presumed to be abandoned under subsection (9) of this section, the landlord then may:

(a) Sell the personal property at a public or private sale, provided that prior to the sale:

(A) The landlord may seek to transfer ownership of record of the personal property by complying with the requirements of the appropriate state agency; and

(B) The landlord shall:

(i) Place a notice in a newspaper of general circulation in the county in which the personal property is located. The notice shall state:

(I) That the personal property is abandoned;

(II) The tenant’s name;

(III) The address and any space number where the personal property is located, and any plate, registration or other identification number for a floating home noted on the title, if actually known to the landlord;

(IV) Whether the sale is by private bidding or public auction;

(V) Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be accepted; and

(VI) The name and telephone number of the person to contact to inspect the personal property;

(ii) At a reasonable time prior to the sale, give a copy of the notice required by sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder, by personal delivery or first class mail, except that for any lienholder, mail service must be by first class mail with certificate of mailing;

(iii) Obtain an affidavit of publication from the newspaper to show that the notice required under sub-subparagraph (i) of this subparagraph ran in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted; and

(iv) Obtain written proof from the county that all property taxes and assessments on the personal property have been paid or, if not paid, that the county has authorized the sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section; or

(b) Destroy or otherwise dispose of the personal property if the landlord determines from the county assessor that the current market value of the property is $8,000 or less.

(11) Intentionally left blank —Ed.

(a) A public or private sale authorized by this section must be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable.

(b) If there is no buyer at a sale described under paragraph (a) of this subsection, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property.

(12) Notwithstanding ORS 446.155 (Sanitation and safety requirements) (1) and (2), unless a landlord intentionally misrepresents the condition of personal property, the landlord is not liable for the condition of the personal property to:

(a) A buyer of the personal property at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or

(b) A person or nonprofit organization to whom the landlord gives the personal property pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

(13) Intentionally left blank —Ed.

(a) The landlord may deduct from the proceeds of the sale:

(A) The reasonable or actual cost of notice, storage and sale; and

(B) Unpaid rent.

(b) After deducting the amounts listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to the county tax collector to the extent of any unpaid property taxes and assessments owed on the dwelling or home.

(c) After deducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance owed on the lien on the personal property.

(d) After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting.

(e) If the tenant cannot after due diligence be found, the landlord shall deposit the remaining proceeds with the county treasurer of the county in which the sale occurred. If not claimed within three years, the deposited proceeds revert to the general fund of the county and are available for general purposes.

(14) The county tax collector and the Department of Revenue shall cancel all unpaid property taxes and special assessments as provided under ORS 305.155 (Cancellation of uncollectible tax) and 311.790 (Cancellation of uncollectible property tax) only under one of the following circumstances:

(a) The landlord disposes of the personal property after a determination described in subsection (10)(b) of this section.

(b) There is no buyer of the personal property at a sale described under subsection (11) of this section and the landlord disposes of the property.

(c) Intentionally left blank —Ed.

(A) There is a buyer of the personal property at a sale described under subsection (11) of this section;

(B) The current market value of the personal property is $8,000 or less; and

(C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the personal property after distribution of the proceeds pursuant to subsection (13) of this section.

(d) The landlord buys the personal property at a sale described under subsection (11) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

(e) The landlord acquires the personal property as a result of an agreement described in subsection (24) of this section and sells the property, in compliance with subsection (15) of this section, to a buyer who intends to occupy the property in the facility in which the property is located.

(15) Intentionally left blank —Ed.

(a) Subsection (14)(d) and (e) of this section apply only if:

(A) There exists a lien on the personal property for unpaid property taxes and special assessments owed to a county or to the Department of Revenue and the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

(i) The landlord’s intent to sell the property in an arm’s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located; and

(ii) That the landlord shall comply with the requirements of this subsection; and

(B) Following the sale described in paragraph (a)(A) of this subsection, the landlord files an affidavit or declaration with the county tax collector or the Department of Revenue, as appropriate, that states:

(i) That the landlord has sold the property in an arm’s-length transaction to an unrelated buyer who intends to occupy the property in the facility in which the property is located;

(ii) The sale price and a description of the landlord’s claims against the property or costs from the sale, as described under subsection (13)(a) of this section, and any costs of improvements to the property for sale; and

(iii) The period of time, which may not be more than is reasonably necessary, that is taken by the landlord to complete the sale of the property.

(b) After a landlord files the affidavit or declaration under paragraph (a)(A) of this subsection, the county tax collector shall provide to the landlord a title to the property that the landlord may then provide to a buyer at the time of the sale of the property.

(c) The affidavit or declaration described in paragraph (a)(B) of this subsection must be accompanied by:

(A) Payment to the county tax collector or the Department of Revenue, as appropriate, of the amount remaining from the sale proceeds after the deduction of the landlord’s claims and costs as described in the affidavit or declaration, up to the amount of the unpaid taxes or tax lien. The landlord may retain the amount of the sale proceeds that exceed the amount of the unpaid taxes or tax lien;

(B) Payment to the county tax collector of any county warrant fees; and

(C) An affidavit or declaration from the buyer that states the buyer’s intent to occupy the property in the facility in which the property is located.

(d) Upon a showing of compliance with paragraph (c) of this subsection, the county tax collector or the Department of Revenue shall cancel all unpaid taxes or tax liens on the property.

(16) The landlord is not responsible for any loss to the tenant or lienholder resulting from storage of personal property in compliance with this section unless the loss was caused by the landlord’s deliberate or negligent act. In the event of a deliberate and malicious violation, the landlord is liable for twice the actual damages sustained by the tenant or lienholder.

(17) Complete compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to such personal property disposed of pursuant to this section.

(18) If a landlord does not comply with this section:

(a) The tenant is relieved of any liability for damage to the premises caused by conduct that was not deliberate, intentional or grossly negligent and for unpaid rent and may recover from the landlord up to twice the actual damages sustained by the tenant;

(b) A lienholder aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the lienholder. ORS 90.255 (Attorney fees) does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph; and

(c) A county tax collector aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the tax collector, if the noncompliance is part of an effort by the landlord to defraud the tax collector. ORS 90.255 (Attorney fees) does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph.

(19) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property also apply to any lienholder, except that the lienholder may not sell or remove the dwelling or home unless:

(a) The lienholder has foreclosed the lien on the manufactured dwelling or floating home;

(b) The tenant or a personal representative or designated person described in subsection (21) of this section has waived all rights under this section pursuant to subsection (24) of this section; or

(c) The notice and response periods provided by subsections (6) and (8) of this section have expired.

(20) Intentionally left blank —Ed.

(a) Except as provided by subsection (21)(d) and (e) of this section, if a lienholder makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, a landlord shall enter into a written storage agreement with the lienholder providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property.

(b) The lienholder’s right to a storage agreement arises upon the failure of the tenant or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee to remove or sell the dwelling or home within the allotted time.

(c) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the lienholder must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the lienholder. The landlord shall give a copy of the proposed storage agreement to the lienholder in the same manner as provided by subsection (4)(b) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (4) of this section. A lienholder enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period. If the tenancy is in a marina, the proposed storage agreement is conditioned upon the tenant not electing to enter into a storage agreement under subsection (22) of this section.

(d) The storage agreement may require, in addition to other provisions agreed to by the landlord and the lienholder, that:

(A) The lienholder make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562 (Utility and service charges) , if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly;

(B) The lienholder pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants;

(C) The lienholder maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (Statement of policy) (4); and

(D) The lienholder repair any defects in the physical condition of the personal property that existed prior to the lienholder entering into the storage agreement, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The lienholder shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days’ written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

(e) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the lienholder written notice consistent with the requirements of ORS 90.600 (Increases in rent) .

(f) During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680 (Sale of dwelling or home on rented space) . The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

(g) Intentionally left blank —Ed.

(A) Except as provided in paragraph (d)(D) of this subsection, if the lienholder violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days’ written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for the termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

(B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the lienholder to pay a storage charge and the lienholder corrects the violation, if the lienholder again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days’ written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.

(C) A lienholder may terminate a storage agreement at any time upon at least 14 days’ written notice to the landlord and may remove the property from the facility if the lienholder has paid all storage charges and other charges as provided in the agreement.

(h) Upon the failure of a lienholder to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the lienholder has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the lienholder.

(21) If the personal property is considered abandoned as a result of the death of a tenant who was the only tenant, this section applies, except as follows:

(a) The provisions of this section regarding the rights and responsibilities of a tenant to the abandoned personal property shall apply to any personal representative named in a will or appointed by a court to act for the deceased tenant or any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant’s death.

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

(A) Sent by first class mail to the deceased tenant at the premises; and

(B) Personally delivered or sent by first class mail to any personal representative or designated person if actually known to the landlord.

(c) The notice described in subsection (5) of this section must refer to any personal representative or designated person, instead of the deceased tenant, and must incorporate the provisions of this subsection.

(d) If a personal representative, designated person or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period provided by subsection (6) of this section and so requests, the landlord shall enter into a written storage agreement with the representative or person providing that the personal property may not be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate proceedings, whichever is later. A storage agreement entitles the representative or person to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may not enter a similar agreement with a lienholder pursuant to subsection (20) of this section until the agreement with the personal representative or designated person ends.

(e) If a personal representative or other person requests that a landlord enter into a storage agreement, subsection (20)(c) to (e) and (g)(C) of this section applies, with the representative or person having the rights and responsibilities of a lienholder with regard to the storage agreement.

(f) During the term of an agreement described under paragraph (d) of this subsection, the representative or person has the right to remove or sell the property, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680 (Sale of dwelling or home on rented space) . The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the property upon payment of all unpaid storage charges and maintenance costs.

(g) If the representative or person violates the storage agreement, the landlord may terminate the agreement by giving at least 30 days’ written notice to the representative or person stating facts sufficient to notify the representative or person of the reason for the termination. Unless the representative or person corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the representative or person.

(h) Upon the failure of a representative or person to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the representative or person has sold or removed the property, the landlord may sell or dispose of the property pursuant to this section without further notice to the representative or person.

(22) Intentionally left blank —Ed.

(a) If a tenant of a marina makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, and has not entered into a storage agreement under ORS 90.545 (Fixed term tenancy expiration) (7), a landlord shall enter into a written storage agreement with the tenant providing that the personal property may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the tenant to store the personal property on the previously rented space during the term of the agreement but does not entitle anyone to occupy the personal property.

(b) To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the tenant must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the tenant. The landlord shall give a copy of the proposed storage agreement to the tenant in the same manner as provided by subsection (3) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (3) of this section. A tenant enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period.

(c) The storage agreement may require, in addition to other provisions agreed to by the landlord and the tenant, that:

(A) The tenant make timely periodic payment of all storage charges, as described in subsection (7)(b) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562 (Utility and service charges) , if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly.

(B) The tenant pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges imposed on facility tenants.

(C) The tenant maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement that the landlord currently provides to tenants as required by ORS 90.510 (Statement of policy) (4).

(D) The tenant repair any defects in the physical condition of the personal property that existed prior to the tenant entering into the storage agreement, except repair the float of the home, if the defects and necessary repairs are reasonably described in the storage agreement and, for homes that were first placed on the space within the previous 24 months, the repairs are reasonably consistent with facility standards in effect at the time of placement. The tenant shall have 90 days after entering into the storage agreement to make the repairs. Failure to make the repairs within the allotted time constitutes a violation of the storage agreement and the landlord may terminate the agreement by giving at least 14 days’ written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

(d) Notwithstanding subsection (7)(b) of this section, a landlord may increase the storage charge if the increase is part of a facility-wide rent increase for all facility tenants, the increase is no greater than the increase for other tenants and the landlord gives the tenant written notice consistent with the requirements of ORS 90.600 (Increases in rent) .

(e) During the term of an agreement described under this subsection, the tenant has the right to remove or sell the property. Selling the property includes a sale to a purchaser who wishes to leave the property on the rented space and become a tenant, subject to the provisions of ORS 90.680 (Sale of dwelling or home on rented space) . The landlord may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

(f) Intentionally left blank —Ed.

(A) Except as provided in paragraph (c)(D) of this subsection, if the tenant violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days’ written notice to the tenant stating facts sufficient to notify the tenant of the reason for the termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

(B) After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the tenant to pay a storage charge and the tenant corrects the violation, if the tenant again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days’ written notice to the tenant stating facts sufficient to notify the tenant of the reason for termination. Unless the tenant corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the tenant.

(C) A tenant may terminate a storage agreement at any time upon at least 14 days’ written notice to the landlord and may remove the property from the facility if the tenant has paid all storage charges and other charges as provided in the agreement.

(g) Upon the failure of a tenant to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree, the landlord may sell or dispose of the property pursuant to this section without further notice to the tenant after providing at least 15 days’ written notice to any lienholder to enter into a storage agreement under subsection (20) of this section.

(23) If a governmental agency determines that the condition of personal property abandoned under this section constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the facility and requires quick removal of the property, the landlord may sell or dispose of the property pursuant to this subsection. The landlord shall comply with all provisions of this section, except as follows:

(a) The date provided in subsection (6) of this section by which a tenant, lienholder, personal representative or designated person must contact a landlord to arrange for the disposition of the property must be not less than 15 days after personal delivery or mailing of the notice required by subsection (3) of this section.

(b) The date provided in subsections (8) and (9) of this section by which a tenant, lienholder, personal representative or designated person must remove the property must be not less than seven days after the tenant, lienholder, personal representative or designated person contacts the landlord.

(c) The notice required by subsection (3) of this section must be as provided in subsection (5) of this section, except that:

(A) The dates and deadlines in the notice for contacting the landlord and removing the property must be consistent with this subsection;

(B) The notice must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and

(C) The landlord shall attach a copy of the agency’s determination to the notice.

(d) If the tenant, a lienholder or a personal representative or designated person does not remove the property within the time allowed, the landlord or a buyer at a sale by the landlord under subsection (11) of this section shall promptly remove the property from the facility.

(e) A landlord is not required to enter into a storage agreement with a lienholder, personal representative or designated person pursuant to subsection (20) of this section.

(24) Intentionally left blank —Ed.

(a) A landlord may sell or dispose of a tenant’s abandoned personal property without complying with the provisions of this section if, after termination of the tenancy or no more than seven days prior to the termination of the tenancy, the following parties so agree in a writing entered into in good faith:

(A) The landlord;

(B) The tenant, or for an abandonment as the result of the death of a tenant who was the only tenant, the personal representative, designated person or other person entitled to possession of the personal property, such as an heir or devisee, as described in subsection (21) of this section; and

(C) Any lienholder.

(b) A landlord may not, as part of a rental agreement, as a condition to approving a sale of property on rented space under ORS 90.680 (Sale of dwelling or home on rented space) or in any other manner, require a tenant, a personal representative, a designated person or any lienholder to waive any right provided by this section.

(25) Until personal property is conclusively presumed to be abandoned under subsection (9) of this section, a landlord does not have a lien pursuant to ORS 87.152 (Possessory lien for labor or material expended on chattel) for storing the personal property. [1997 c.577 §27b; 1999 c.603 §33; 1999 c.676 §24; 2001 c.44 §2; 2001 c.596 §40; 2003 c.378 §18; 2003 c.655 §58; 2003 c.658 §8; 2005 c.5 §2; 2005 c.619 §§21,22; 2007 c.906 §34; 2013 c.294 §13; 2015 c.217 §4; 2019 c.1 §10; 2019 c.625 §36]

Source: Section 90.675 — Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.538 — OR Code / Title 10 / Chapter 94 / Section 94.538
94.538 Transferable development credit systems
Status: in_force

(1) One or more governmental units may establish a transferable development credit system, including a process for allowing transfer of development interests from a sending area within the jurisdiction of one governmental unit to a receiving area within the jurisdiction of another governmental unit.

(2) If the transferable development credit system allows transfer of development interests between the jurisdictions of different governmental units, the process must be described in an intergovernmental agreement under ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125) entered into by the governmental units with land use jurisdiction over the sending and receiving areas and, for purposes of administration of the process, the Department of Land Conservation and Development. The intergovernmental agreement may contain provisions for sharing between governmental units of the prospective ad valorem tax revenues derived from new development in the receiving area authorized under the system.

(3) A transferable development credit system must provide for:

(a) The record owner of a lot, parcel or tract in a sending area to voluntarily sever and sell development interests of the lot, parcel or tract for use in a receiving area;

(b) A potential developer of land in a receiving area to purchase transferable development credits that allow a higher intensity use or development of the land, including development bonuses or other incentives not otherwise allowed, through changes to the planning and zoning or waivers of density, height or bulk limitations in the receiving area;

(c) The governmental units administering the system to determine the type, extent and intensity of uses or development allowed in the receiving area, based on the transferable development credits generated from severed and sold development interests; and

(d) The holder of a recorded instrument encumbering a lot, parcel or tract from which the record owner proposes to sever development interests for transfer to be given prior written notice of the proposed transaction and to approve or disapprove the transaction.

(4) A transferable development credit system must offer:

(a) Incentives for a record owner of resource land to voluntarily prohibit or limit development on the resource land and to sell or transfer forgone development to lands within receiving areas.

(b) Benefits to landowners by providing monetary compensation for limiting development in sending areas.

(c) Benefits to developers by allowing increased development and development incentives in receiving areas.

(5) The governmental units administering a transferable development credit system must:

(a) Designate sending areas that are chosen to achieve the requirements set forth in this section and the objectives set forth in ORS 94.534 (Policy on transferable development credit systems) .

(b) Designate receiving areas that are chosen to achieve the requirements set forth in this section and the objectives set forth in ORS 94.534 (Policy on transferable development credit systems) .

(c) Provide development bonuses and incentives to stimulate the demand for the purchase and sale of transferable development credits.

(d) Require that the record owner of development interests transferred as development credits from a sending area to a receiving area cause to be recorded, in the deed records of the county in which the sending area is located, a conservation easement that:

(A) Limits development of the lot, parcel or tract from which the interests are severed consistent with the transfer; and

(B) Names an entity, approved by the governmental units administering the system, as the holder of the conservation easement.

(e) Maintain records of:

(A) The lots, parcels and tracts from which development interests have been severed;

(B) The lots, parcels and tracts to which transferable development credits have been transferred; and

(C) The allowable level of use or development for each lot, parcel or tract after a transfer of development credits.

(f) Provide periodic summary reports of activities of the system to the department.

(6) A receiving area must be composed of land that is within an urban growth boundary or, subject to subsection (7) of this section, within an urban reserve established under ORS 197A.230 (Definitions for ORS 197A.230 to 197A.250) to 197A.250 (Designation of certain Washington County lands) and that is:

(a) Appropriate and suitable for development.

(b) Not subject to limitations designed to protect natural resources, scenic and historic areas, open spaces or other resources protected under the statewide land use planning goals.

(c) Not within an area identified as a priority area for protection in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

(d) Not within a “Conservation Opportunity Area” identified in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

(7) Land within an urban reserve:

(a) May be the site of a receiving area only if:

(A) The receiving area is likely to be brought within an urban growth boundary at the next periodic review under ORS 197.628 (Periodic review) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission) or legislative review under ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves) ; and

(B) Development pursuant to the transferable development credits is allowed only after the receiving area is brought within an urban growth boundary.

(b) That is selected for use as a receiving area may be designated for priority inclusion in the urban growth boundary, when the urban growth boundary is amended, if the land qualifies under the boundary location factors in a goal relating to urbanization.

(8) The governing body of a governmental unit administering a transferable development credit system may, directly or indirectly through a contract with a nonprofit corporation, establish a transferable development credit bank to facilitate:

(a) Buying severable development interests from lots, parcels or tracts of resource land in a sending area.

(b) Selling transferable development credits to potential developers of lots, parcels or tracts in a receiving area.

(c) Entering into agreements or contracts and performing acts necessary, convenient or desirable to achieve the requirements set forth in this section and the objectives set forth in ORS 94.534 (Policy on transferable development credit systems) .

(d) Managing funds available for the purchase and sale of transferable development credits.

(e) Authorizing and monitoring expenditures associated with the system.

(f) Maintaining records of the transactions, including dates, purchase amounts and locations of severed development interests and development pursuant to transferred development credits, that are sufficient to manage and evaluate the effectiveness of the system.

(g) Providing periodic summary reports of activities of the system to the governing body of a governmental unit administering the system.

(h) Obtaining appraisals of development interests and transferable development credits as necessary and pricing transferable development credits for purchase or sale.

(i) Serving as a clearinghouse and information source for buyers and sellers of transferable development credits.

(j) Accepting donations of transferable development credits.

(k) Soliciting and receiving grant funds for the implementation of this section and ORS 94.536 (Definitions for ORS 94.536 and 94.538) .

(9) A holder of a conservation easement shall hold, monitor and enforce the conservation easement to ensure that lands in sending areas do not retain development credits transferred under this section and ORS 94.536 (Definitions for ORS 94.536 and 94.538) . [2009 c.504 §3; 2010 c.5 §2]

Note: See note under 94.534 (Policy on transferable development credit systems) .

Source: Section 94.538 — Transferable development credit systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.222 — OR Code / Title 10 / Chapter 90 / Section 90.222
90.222 Renter’s liability insurance
Status: in_force

(1) A landlord may require a tenant to obtain and maintain renter’s liability insurance in a written rental agreement. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same rental market, whichever is greater.

(2) Before entering a new tenancy, a landlord:

(a) Shall advise an applicant in writing of a requirement to obtain and maintain renter’s liability insurance and the amount of insurance required and provide a reasonable written summary of the exceptions to this requirement under subsections (8) and (9) of this section.

(b) May require an applicant to provide documentation of renter’s liability insurance coverage before the tenancy begins.

(3) For an existing month-to-month tenancy, the landlord may amend a written rental agreement to require renter’s liability insurance after giving the tenant at least 30 days’ written notice of the requirement and the written summary described in subsection (2) of this section. If the tenant does not obtain renter’s liability insurance within the 30-day period:

(a) The landlord may terminate the tenancy pursuant to ORS 90.392 (Termination of tenancy for cause) ; and

(b) The tenant may cure the cause of the termination as provided by ORS 90.392 (Termination of tenancy for cause) by obtaining insurance.

(4) A landlord may require that the tenant provide documentation:

(a) That the tenant has named the landlord as an interested party on the tenant’s renter’s liability insurance policy authorizing the insurer to notify the landlord of:

(A) Cancellation or nonrenewal of the policy;

(B) Reduction of policy coverage; or

(C) Removal of the landlord as an interested party; or

(b) On a periodic basis related to the coverage period of the renter’s liability insurance policy or more frequently if the landlord reasonably believes that the insurance policy is no longer in effect, that the tenant maintains the renter’s liability insurance.

(5) A landlord may require that a tenant obtain or maintain renter’s liability insurance only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail or by posting in a common area or office. The documentation may consist of a current certificate of coverage. A written rental agreement that requires a tenant to obtain and maintain renter’s liability insurance must include a description of the requirements of this subsection.

(6) Neither a landlord nor a tenant shall make unreasonable demands that have the effect of harassing the other with regard to providing documentation of insurance coverage.

(7) A landlord may not:

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

(b) Require that a tenant name the landlord as an additional insured or as having any special status on the tenant’s renter’s liability insurance policy other than as an interested party for the purposes described in subsection (4)(a) of this section;

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

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

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

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

(C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer.

(8) A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the household income of the tenant is equal to or less than 50 percent of the area median income, adjusted for family size as measured up to a five-person family, as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

(9) A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the dwelling unit of the tenant has been subsidized with public funds:

(a) Including federal or state tax credits, federal block grants authorized in the HOME Investment Partnerships Act under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, or the Community Development Block Grant program authorized in the Housing and Community Development Act of 1974, as amended, project-based federal rent subsidy payments under 42 U.S.C. 1437f and tax-exempt bonds.

(b) Not including tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f or any other local, state or federal rental housing assistance.

(10) Subsection (9) of this section does not apply to a dwelling unit that is not subsidized even if the unit is on premises in which some dwelling units are subsidized.

(11) Intentionally left blank —Ed.

(a) If a landlord knowingly violates this section, the tenant may recover the actual damages of the tenant or $250, whichever is greater.

(b) If a landlord files a frivolous claim against the renter’s liability insurance of a tenant, the tenant may recover from the landlord the actual damages of the tenant plus $500.

(12) This section does not:

(a) Affect rights or obligations otherwise provided in this chapter or in the rental agreement.

(b) Apply to tenancies governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) . [2013 c.294 §2; 2015 c.180 §38; 2015 c.388 §5]

Source: Section 90.222 — Renter’s liability insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.192 — OR Code / Title 10 / Chapter 92 / Section 92.192
92.192 Property line adjustment
Status: in_force

(1) As used in this section:

(a) “Ground water restricted area” has the meaning given that term in ORS 195.300 (Definitions for ORS 195.300 to 195.336) .

(b) “High-value farmland” has the meaning given that term in ORS 195.300 (Definitions for ORS 195.300 to 195.336) .

(c) “High-value forestland” has the meaning given that term in ORS 195.300 (Definitions for ORS 195.300 to 195.336) .

(d) “Waiver” has the meaning given that term in ORS 195.300 (Definitions for ORS 195.300 to 195.336) .

(2) Except as provided in this section, a lawfully established unit of land that is reduced in size by a property line adjustment approved by a city or county must comply with applicable zoning ordinances after the adjustment.

(3) Subject to subsection (4) of this section, for land located entirely outside the corporate limits of a city, a county may approve a property line adjustment in which:

(a) One or both of the abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before the property line adjustment and, after the adjustment, one is as large as or larger than the minimum lot or parcel size for the applicable zone; or

(b) Both abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before and after the property line adjustment.

(4) On land zoned for exclusive farm use, forest use or mixed farm and forest use, a property line adjustment may not be used to:

(a) Decrease the size of a lawfully established unit of land that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

(b) Decrease the size of a lawfully established unit of land that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

(c) Allow an area of land used to qualify a lawfully established unit of land for a dwelling based on an acreage standard to be used to qualify another lawfully established unit of land for a dwelling if the land use approval would be based on an acreage standard; or

(d) Adjust a property line that resulted from a subdivision or partition authorized by a waiver so that any lawfully established unit of land affected by the property line adjustment is larger than:

(A) Two acres if the lawfully established unit of land is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value forestland or within a ground water restricted area; or

(B) Five acres if the lawfully established unit of land is, before the adjustment, five acres in size or smaller and is not high-value farmland, high-value forestland or within a ground water restricted area. [2008 c.12 §2; 2015 c.423 §1; 2017 c.109 §1]

Source: Section 92.192 — Property line adjustment; zoning ordinances; size of unit of land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.017 — OR Code / Title 10 / Chapter 92 / Section 92.017
92.017 Lawfully created units of land
Status: in_force

(1) A lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law.

(2) A lawfully created unit of land remains a lawfully established unit of land following a judgment of a circuit court that relocates a property line of the unit of land if the judgment:

(a) Resolves a boundary line dispute between two adverse parties, including claims brought under ORS 105.005 (Right of action) , 105.605 (Suits to determine adverse claims) , 105.620 (Acquiring title by adverse possession) or 105.705 (Right to bring action) ;

(b) Adjudicates the parties’ respective rights to title and possession of the property to the relocated property line;

(c) Includes a legal description of the relocated property line;

(d) Is a final judgment for which the time to appeal has expired without any party filing an appeal and that is not subject to further appeal or review;

(e) Is recorded in the office of the county clerk; and

(f) Does not create an additional lot or parcel.

(3) Subsection (2) of this section applies without regard to whether:

(a) The relocated property line could have been lawfully established without the existence of the judgment through a property line adjustment, the subdividing or partitioning of property or under other procedures authorized by a city or county.

(b) Either party to the judgment subsequently has the property line relocation validated by a process under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) that would cause a property line adjustment or an adjustment to a plat of a subdivision or partition.

(c) Any unit of land would comply with minimum lot or parcel sizes, including under ORS 92.192 (Property line adjustment) .

(4) Applications for permits, including those defined under ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186) or ORS chapter 455, must be decided based upon the property lines as relocated under subsection (2) of this section and may not be denied based solely upon the judgment. [1985 c.717 §3; 1993 c.702 §2; 2021 c.219 §1]

Source: Section 92.017 — Lawfully created units of land; judgments relocating property lines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 98.308 — OR Code / Title 10 / Chapter 98 / Section 98.308
98.308 Intangible property held by financial institution
Status: in_force

(1) Any demand, savings or matured time deposit with a financial institution, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, mutual investment certificate or any other interest in a financial institution is presumed abandoned unless the owner, within three years, has done one or more of the following:

(a) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest.

(b) Communicated electronically or in writing with the financial institution concerning the property.

(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the financial institution.

(d) Owned other property to which paragraph (a), (b) or (c) of this subsection applies, and the financial institution has communicated electronically or in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent.

(e) Had another relationship with the financial institution concerning which the owner has:

(A) Communicated electronically or in writing with the financial institution; or

(B) Otherwise indicated an interest as evidenced by a memorandum or other record on file with the financial institution, and the financial institution has communicated electronically or in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.

(2) With respect to property described in subsection (1) of this section, a holder may not impose any charge or cease payment of interest due to dormancy or inactivity unless:

(a) There is a written contractual agreement between the holder and the owner of the account clearly and prominently setting forth the conditions under which a service charge may be imposed or the payment of interest terminated;

(b) The establishment of a service charge, the change of an existing service charge or the change of a policy pertaining to the payment of interest is uniformly applied to all dormant or inactive accounts;

(c) The holder gives written notice to the owner at the owner’s last-known address whenever an account becomes dormant or inactive; and

(d) Three months’ written notice is given by first class mail to the last-known address of the owner of a dormant or inactive account before the holder applies a service charge to that account or stops paying interest on that account.

(3) A signature card is not a written contractual agreement for the purposes of subsection (2)(a) of this section. However, a signature card and a written contractual agreement may be contained in one instrument.

(4) Property described in subsection (1) of this section that is automatically renewable is matured for purposes of subsection (1) of this section upon the expiration of its initial time period. However, if the owner consents to a renewal at or about the time of renewal, the property is matured upon the expiration of the last time period for which consent was given. The owner shall be deemed to have consented to a renewal if:

(a) The owner communicates electronically or in writing with the financial institution or otherwise indicates consent as evidenced by a memorandum or other record on file with the institution; or

(b) The financial institution has sent an account statement or other written or electronic statement pertaining to the account by first class mail or by electronic mail and the statement has not been returned to the financial institution and the financial institution has not been notified that the statement was undeliverable as addressed.

(5) If the delivery of funds or property required by ORS 98.352 (Report of abandoned property) would result in a penalty or forfeiture in the payment of interest from the delivery of the funds or property, the delivery may be delayed until the time when no penalty or forfeiture would result.

(6) Except for those instruments subject to ORS 98.309 (Traveler’s check or money order presumed abandoned) , any sum payable on a check, draft or similar instrument, on which a financial institution is directly liable, including a cashier’s check and a certified check, which has been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within three years, has communicated electronically or in writing with the financial institution concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the institution.

(7) A holder may not deduct from the amount of any instrument subject to subsection (6) of this section any charge imposed by reason of the failure to present the instrument for payment unless:

(a) There is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge;

(b) The holder regularly imposes such charges; and

(c) The holder does not regularly reverse or otherwise cancel the charges.

(8) For purposes of subsection (1) of this section, “property” includes interest and dividends. [1983 c.716 §§30,31; 1993 c.694 §2; 1997 c.631 §397; 2003 c.272 §2; 2007 c.539 §1; 2021 c.196 §1]

Source: Section 98.308 — Intangible property held by financial institution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 92.180 — OR Code / Title 10 / Chapter 92 / Section 92.180
92.180 Authority to review replats
Status: in_force

(1) Each agency or body authorized to approve subdivision or partition plats under ORS 92.040 (Application for approval of subdivision or partition) shall have the same review and approval authority over any proposed replat of a recorded plat.

(2) Nothing in this section regarding replatting shall be construed to allow subdividing or partitioning of land without complying with all the applicable provisions of this chapter. [1985 c.369 §2; 1991 c.763 §18]

Source: Section 92.180 — Authority to review replats , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.285 — OR Code / Title 10 / Chapter 100 / Section 100.285
100.285 Resignation of designated agent
Status: in_force

(1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS 100.250 (Documents required to be filed with Real Estate Agency) and giving notice in the form of a copy of the statement to the association. The statement shall include the name of the association and the name of the condominium and the county in which the condominium is located.

(2) Upon receipt of the statement of resignation in proper form and the correct fee, the Real Estate Agency shall file the resignation statement. The copy of the statement given under subsection (1) of this section shall be mailed to the association at the mailing address shown for the association in the current records of the office. For purposes of this subsection, written notice is effective at the earliest of the following:

(a) When received;

(b) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed; or

(c) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested and the receipt is signed by or on behalf of the addressee.

(3) The agency appointment is terminated on the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency unless the association sooner appoints a successor designated agent as provided in ORS 100.260 (Condominium Information and Annual Reports) (4), thereby terminating the capacity of the prior agent.

(4) If by the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency, the association has failed to submit for filing an amendment appointing a designated agent, the Real Estate Agency shall designate the filing “delinquent” and the provisions of ORS 100.265 (Annual Report) (3) shall apply. [1989 c.595 §43a; 1993 c.190 §16; 1995 c.31 §10]

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

Source: Section 100.285 — Resignation of designated agent; procedures; effective date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.145 — OR Code / Title 10 / Chapter 97 / Section 97.145
97.145 Liability for failure to conform to written instrument directing control of remains
Status: in_force

No cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner interring, cremating or reducing remains pursuant to a written instrument signed by the decedent or a person described in ORS 97.130 (Right to control disposition of remains) (2) shall be liable for any failure to conform to the priority of control of remains provided in ORS 97.130 (Right to control disposition of remains) , except when it shall have received two or more conflicting written instruments prior to interment, cremation or reduction of said remains. [1957 c.423 §3 (97.141 and 97.145 (Liability for failure to conform to written instrument directing control of remains) enacted in lieu of 97.140); 1997 c.472 §2; 2021 c.296 §4]

Source: Section 97.145 — Liability for failure to conform to written instrument directing control of remains , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.200 — OR Code / Title 10 / Chapter 105 / Section 105.200
105.200 Request for itemized statement
Status: in_force

(1) As used in this section, “encumbrance” means:

(a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

(b) A reservation of title to real property in this state under a land sale contract.

(2) Intentionally left blank —Ed.

(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

(b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor’s consent. [2019 c.140 §2]

Source: Section 105.200 — Request for itemized statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.320 — OR Code / Title 10 / Chapter 97 / Section 97.320
97.320 Filing map or plat and declaration of dedication of land to cemetery purposes
Status: in_force

In case of a cemetery lot, the cemetery authority shall file the map or plat in the office of the recording officer of the county in which all or a portion of the property is situated, and it forthwith shall file for record in that officer’s office a written declaration dedicating the property delineated on the plat or map exclusively to cemetery purposes.

Source: Section 97.320 — Filing map or plat and declaration of dedication of land to cemetery purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 91.070 — OR Code / Title 10 / Chapter 91 / Section 91.070
91.070 Tenancy from month to month
Status: reserved

One who holds the lands or tenements of another, under the demise of the other, and no certain time has been mentioned, but a monthly rental has been reserved, is considered a tenant from month to month. Except as otherwise provided by statute or agreement, such tenancy may only be terminated by either the landlord or tenant giving the other, at any time during the tenancy, not less than 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy. The tenancy shall terminate on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy and holding, rents are to be paid.

Source: Section 91.070 — Tenancy from month to month , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 105.420 — OR Code / Title 10 / Chapter 105 / Section 105.420
105.420 Findings
Status: in_force

(1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties.

(2) The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in compliance with basic sanitary and habitability standards and which have become abandoned. These conditions contribute to the spread of disease and criminal activity, create urban blight and community deterioration, adversely affect the state’s economic and social viability and otherwise detrimentally impact the public’s health, safety and welfare.

(3) In order to correct these conditions, it is necessary to revitalize these residential properties and thus add to the overall housing stock of this state. The Legislative Assembly deems it necessary to authorize county and municipal governments to adopt and implement receivership programs to allow for the upgrading of substandard and abandoned residential properties. [1989 c.649 §2]

Source: Section 105.420 — Findings; policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.110 — OR Code / Title 10 / Chapter 105 / Section 105.110
105.110 Action for forcible entry or wrongful detainer
Status: in_force

When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force, the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the circuit court or before any justice of the peace of the county. [Amended by 1985 c.241 §1; 1995 c.658 §68]

Source: Section 105.110 — Action for forcible entry or wrongful detainer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.015 — OR Code / Title 10 / Chapter 105 / Section 105.015
105.015 Answer
Status: in_force

The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another, unless the same is pleaded in the answer. If pleaded, the nature and duration of the estate, license or right of possession shall be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, the defendant shall specify for what particular part the defendant does defend.

Source: Section 105.015 — Answer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 91.115 — OR Code / Title 10 / Chapter 91 / Section 91.115
91.115 Tenant not to deny landlord’s title
Status: in_force

A tenant is not permitted to deny the title of the tenant’s landlord at the time of the commencement of the relation. [1981 c.892 §85]

Source: Section 91.115 — Tenant not to deny landlord’s title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 97.776 — OR Code / Title 10 / Chapter 97 / Section 97.776
97.776 Commission members
Status: in_force

The members of the Oregon Commission on Historic Cemeteries must be citizens of this state who are well informed on the restoration and maintenance of historic cemeteries. The State Parks and Recreation Director shall select members from nominations made by organizations of local historic cemeteries, organizations of nonprofit cemeteries, the State Mortuary and Cemetery Board and statewide cemetery associations. The director shall try to appoint individuals to the commission who represent or are knowledgeable concerning Native American burial places, rural cemeteries, family burial places and metropolitan cemeteries. [1999 c.731 §4; 2003 c.173 §3]

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

Source: Section 97.776 — Commission members; nominations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.300 — OR Code / Title 10 / Chapter 90 / Section 90.300
90.300 Security deposits
Status: in_force

(1) As used in this section, “security deposit” includes any last month’s rent deposit.

(2) Intentionally left blank —Ed.

(a) Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. The landlord shall hold a security deposit or prepaid rent for the tenant who is a party to the rental agreement. A tenant’s claim to the security deposit or prepaid rent is prior to the claim of a creditor of the landlord, including a trustee in bankruptcy.

(b) Except as provided in ORS 86.782 (Sale of property) (10), the holder of the landlord’s interest in the premises at the time the tenancy terminates is responsible to the tenant for any security deposit or prepaid rent and is bound by this section.

(3) A written rental agreement, if any, must list a security deposit paid by a tenant or required by a landlord.

(4) A landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws.

(5) Intentionally left blank —Ed.

(a) Except as otherwise provided in this subsection, a landlord may not change the rental agreement to require the tenant to pay a new or increased security deposit during the first year after the tenancy has begun. Subject to subsection (4) of this section, the landlord may require an additional deposit if the landlord and tenant agree to modify the terms and conditions of the rental agreement to permit a pet or for other cause and the additional deposit relates to the modification. This paragraph does not prevent a landlord from collecting a security deposit that an initial rental agreement provided for but that remained unpaid at the time the tenancy began.

(b) If a landlord requires a new or increased security deposit after the first year of the tenancy, the landlord shall allow the tenant at least three months to pay the new or increased deposit.

(6) The landlord may claim all or part of the security deposit only if the landlord required the security deposit for any or all of the purposes specified in subsection (7) of this section.

(7) Intentionally left blank —Ed.

(a) The landlord may claim from the security deposit only the amount reasonably necessary:

(A) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and

(B) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.

(b) A landlord is not required to repair damage caused by the tenant in order for the landlord to claim against the deposit for the cost to make the repair. Any labor costs the landlord assesses under this subsection for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the landlord’s own performance of cleaning or repair work.

(c) Defaults and damages for which a landlord may recover under this subsection include, but are not limited to:

(A) Carpet cleaning, other than the use of a common vacuum cleaner, if:

(i) The cleaning is performed by use of a machine specifically designed for cleaning or shampooing carpets;

(ii) The carpet was cleaned or replaced after the previous tenancy or the most recent significant use of the carpet and before the tenant took possession; and

(iii) The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as described in ORS 90.147 (Delivery of possession) .

(B) Loss of use of the dwelling unit during the performance of necessary cleaning or repairs for which the tenant is responsible under this subsection if the cleaning or repairs are performed in a timely manner.

(8) A landlord may not require a tenant to pay or to forfeit a security deposit or prepaid rent to the landlord for the tenant’s failure to maintain a tenancy for a minimum number of months in a month-to-month tenancy.

(9) The landlord must apply any last month’s rent deposit to the rent due for the last month of the tenancy:

(a) When either the landlord or the tenant gives to the other a notice of termination, pursuant to this chapter, other than a notice of termination under ORS 90.394 (Termination of tenancy for failure to pay rent) ;

(b) When the landlord and tenant agree to terminate the tenancy; or

(c) When the tenancy terminates in accordance with the provisions of a written rental agreement for a term tenancy.

(10) A landlord shall account for and refund as provided in subsections (12) to (14) of this section any portion of a last month’s rent deposit the landlord does not apply as provided under subsection (9) of this section. Unless the tenant and landlord agree otherwise, the tenant may not require the landlord to apply a last month’s rent deposit to rent due for any period other than the last month of the tenancy. A last month’s rent deposit does not limit the amount of rent charged unless a written rental agreement provides otherwise.

(11) When the tenancy terminates, a landlord shall account for and refund to the tenant, in the same manner this section requires for security deposits, the unused balance of any prepaid rent the landlord has not previously refunded to the tenant under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) and 105.120 (Notice necessary to maintain action in certain cases) (5)(b) or any other provision of this chapter. The landlord may claim from the remaining prepaid rent only the amount reasonably necessary to pay the tenant’s unpaid rent.

(12) In order to claim all or part of any prepaid rent or security deposit, within 31 days after the tenancy terminates and the tenant delivers possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.

(13) The landlord shall return to the tenant the security deposit or prepaid rent or the portion of the security deposit or prepaid rent that the landlord does not claim in the manner provided by subsections (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord. If agreed to by both parties in an addendum executed after the tenancy begins and the tenant has occupied the premises, the landlord may return any amount due under this subsection electronically to a bank account or other financial institution designated by the tenant.

(14) The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail or, if allowed under ORS 90.155 (Service or delivery of written notice) (1)(d), by electronic mail.

(15) If a security deposit or prepaid rent secures a tenancy for a space for a manufactured dwelling or floating home the tenant owns and occupies, whether or not in a facility, and the dwelling or home is abandoned as described in ORS 90.425 (Disposition of personal property abandoned by tenant) (2) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (2), the 31-day period described in subsections (12) and (13) of this section commences on the earliest of:

(a) Waiver of the abandoned property process under ORS 90.425 (Disposition of personal property abandoned by tenant) (26) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (24);

(b) Removal of the manufactured dwelling or floating home from the rented space;

(c) Destruction or other disposition of the manufactured dwelling or floating home under ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(b) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(b); or

(d) Sale of the manufactured dwelling or floating home pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(a) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(a).

(16) If the landlord fails to comply with subsection (13) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the money due in an amount equal to twice the amount:

(a) Withheld without a written accounting under subsection (12) of this section; or

(b) Withheld in bad faith.

(17) Intentionally left blank —Ed.

(a) A security deposit or prepaid rent in the possession of the landlord is not garnishable property, as provided in ORS 18.618 (Property not subject to garnishment) .

(b) If a landlord delivers a security deposit or prepaid rent to a garnishor in violation of ORS 18.618 (Property not subject to garnishment) (1)(b), the landlord that delivered the security deposit or prepaid rent to the garnishor shall allow the tenant at least 30 days after a copy of the garnishee response required by ORS 18.680 (Response required) is delivered to the tenant under ORS 18.690 (Delivery of garnishee response) to restore the security deposit or prepaid rent. If the tenant fails to restore a security deposit or prepaid rent under the provisions of this paragraph before the tenancy terminates, and the landlord retains no security deposit or prepaid rent from the tenant after the garnishment, the landlord is not required to refund or account for the security deposit or prepaid rent under subsection (11) of this section.

(18) This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37; 2009 c.431 §12; 2010 c.28 §5; 2011 c.42 §4; 2011 c.510 §5; 2013 c.294 §7; 2015 c.217 §16; 2019 c.625 §51; 2023 c.296 §4]

Source: Section 90.300 — Security deposits; prepaid rent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 91.230 — OR Code / Title 10 / Chapter 91 / Section 91.230
91.230 Farm tenant’s right to emblements
Status: in_force

When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person in possession before the service of notice to quit. [Formerly 91.310]

Source: Section 91.230 — Farm tenant’s right to emblements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 93.779 — OR Code / Title 10 / Chapter 93 / Section 93.779
93.779 Definitions for ORS 93.779 to 93.802
Status: in_force

As used in ORS 93.779 (Definitions for ORS 93.779 to 93.802) to 93.802 (Recordation of short form instrument) :

(1) “Master form instrument” means an instrument containing a form or forms of covenants, conditions, obligations, powers and other clauses of a mortgage, a trust deed or an instrument creating affordable housing covenants.

(2) “Short form instrument” means a short form mortgage, a short form trust deed or any instrument that documents a real estate transaction that incorporates by reference and applies all or any affordable housing covenants created in a recorded master form instrument into the transaction. [2012 c.6 §2]

Source: Section 93.779 — Definitions for ORS 93.779 to 93.802 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.630 — OR Code / Title 10 / Chapter 94 / Section 94.630
94.630 Powers of association
Status: in_force

(1) Subject to subsection (2) of this section and ORS 94.762 (Electric vehicle charging stations) , 94.763 (Association use of pesticides on lots) , 94.776 (Development and division of lots) , 94.778 (Prohibition against installation of solar panels void and unenforceable) and 94.779 (Unenforceability of certain requirements and restrictions) , and except as otherwise provided in its declaration or bylaws, a homeowners association may:

(a) Adopt and amend bylaws, rules and regulations for the planned community;

(b) Adopt and amend budgets for revenues, expenditures and reserves, and collect assessments from owners for common expenses and the reserve account established under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) ;

(c) Hire and terminate managing agents and other employees, agents and independent contractors;

(d) Defend against any claims, proceedings or actions brought against it;

(e) Subject to subsection (4) of this section, initiate or intervene in litigation or administrative proceedings in its own name and without joining the individual owners in the following:

(A) Matters relating to the collection of assessments and the enforcement of governing documents;

(B) Matters arising out of contracts to which the association is a party;

(C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the common interests of the owners, including but not limited to the abatement of nuisance;

(D) Matters, including but not limited to actions for damage, destruction, impairment or loss of use, relating to or affecting:

(i) Individually owned real property, the expenses for which, including maintenance, repair or replacement, insurance or other expenses, the association is responsible; or

(ii) Common property;

(E) Matters relating to or affecting the lots or interests of the owners including but not limited to damage, destruction, impairment or loss of use of a lot or portion thereof, if:

(i) Resulting from a nuisance or a defect in or damage to common property or individually owned real property, the expenses for which, including maintenance, repair or replacement, insurance or other expenses, the association is responsible; or

(ii) Required to facilitate repair to any common property; and

(F) Any other matter to which the association has standing under law or pursuant to the declaration or bylaws;

(f) Make contracts and incur liabilities;

(g) Regulate the use, maintenance, repair, replacement and modification of common property;

(h) Cause additional improvements to be made as a part of the common property;

(i) Acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, except that common property may be conveyed or subjected to a security interest only pursuant to ORS 94.665 (Authority of association to sell, transfer, convey or encumber common property) ;

(j) Grant easements, leases, licenses and concessions through or over the common property as provided in ORS 94.665 (Authority of association to sell, transfer, convey or encumber common property) ;

(k) Modify, close, remove, eliminate or discontinue the use of common property, including any improvement or landscaping, regardless of whether the common property is mentioned in the declaration, provided that:

(A) Nothing in this paragraph is intended to limit the authority of the association to seek approval of the modification, closure, removal, elimination or discontinuance by the owners; and

(B) Modification, closure, removal, elimination or discontinuance other than on a temporary basis of any swimming pool, spa or recreation or community building must be approved by at least a majority of owners voting on the matter at a meeting or by written ballot held in accordance with the declaration, bylaws or ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) ;

(L) Impose and receive any payments, fees or charges for the use, rental or operation of the common property and services provided to owners;

(m) Adopt rules regarding the termination of utility services paid for out of assessments of the association and access to and use of recreational and service facilities available to owners. The rules must provide for written notice and an opportunity to be heard before the association may terminate the rights of any owners to receive the benefits or services until the correction of any violation covered by the rule has occurred;

(n) Impose charges for late payment of assessments and attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association, provided that the charge imposed or the fine levied by the association is based:

(A) On a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners; or

(B) On a resolution of the association or its board of directors that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners;

(o) Impose reasonable charges for the preparation and recordation of amendments to the declaration;

(p) Provide for the indemnification of its officers and the board of directors and maintain liability insurance for directors and officers;

(q) Assign its right to future income, including the right to receive common expense assessments; and

(r) Exercise any other powers necessary and proper for the administration and operation of the association.

(2) A declaration may not impose any limitation on the ability of the association to deal with a declarant that is more restrictive than the limitations imposed on the ability of the association to deal with any other person, except during the period of declarant control under ORS 94.600 (Declarant control of association) .

(3) A permit or authorization, or an amendment, modification, termination or other instrument affecting a permit or authorization, issued by the board of directors that is authorized by law, the declaration or bylaws may be recorded in the deed records of the county in which the planned community is located. A permit or authorization, or an amendment, modification, termination or other instrument affecting a permit or authorization, recorded under this subsection shall:

(a) Be executed by the president and secretary of the association and acknowledged in the manner provided for acknowledgment of instruments by the officers;

(b) Include the name of the planned community and a reference to where the declaration and any applicable supplemental declarations are recorded;

(c) Identify, by the designations stated or referenced in the declaration or applicable supplemental declaration, all affected lots and common property; and

(d) Include other information and signatures if required by law, the declaration, bylaws or the board of directors.

(4) Intentionally left blank —Ed.

(a) Subject to paragraph (f) of this subsection, before initiating litigation or an administrative proceeding in which the association and an owner have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within the county in which the planned community is located that is in substantial compliance with the standards and guidelines adopted under ORS 36.175 (Rules for administration of dispute resolution programs) . The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party.

(b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance of the offer to participate in the program must contain the name, address and telephone number of the body administering the dispute resolution program.

(c) If a qualified dispute resolution program exists within the county in which the planned community is located and an offer to use the program is not made as required under paragraph (a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the noninitiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process.

(d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed.

(e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made.

(f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. [1981 c.782 §36; 1999 c.677 §13; 2001 c.756 §13; 2003 c.569 §11; 2007 c.410 §2a; 2009 c.641 §6; 2016 c.86 §1; 2017 c.423 §5; 2021 c.64 §4]

Source: Section 94.630 — Powers of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.455 — OR Code / Title 10 / Chapter 105 / Section 105.455
105.455 Short title
Status: in_force

ORS 105.420 (Findings) to 105.455 (Short title) may be cited as the Oregon Housing Receivership Act. [1989 c.649 §1; 2019 c.191 §5]

SELLER’S PROPERTY DISCLOSURE STATEMENT

Source: Section 105.455 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.380 — OR Code / Title 10 / Chapter 97 / Section 97.380
97.380 Hearing
Status: in_force

At the hearing mentioned in ORS 97.370 (Fixing date of hearing) the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400 (Disposal of newly created lots) . [Amended by 1985 c.582 §4; 1999 c.381 §2]

Source: Section 97.380 — Hearing; order allowing replatting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 95.260 — OR Code / Title 10 / Chapter 95 / Section 95.260
95.260 Remedies of creditor
Status: in_force

(1) In any action for relief against a transfer or obligation under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) , a creditor, subject to the limitations provided in ORS 95.270 (Defenses, liability and protection of transferee or obligee) , may obtain:

(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim.

(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by any applicable provision of any other statute or the Oregon Rules of Civil Procedure.

(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(C) Any other relief the circumstances may require.

(2) If a creditor has obtained a judgment on a claim against the debtor and if the court so orders, the creditor may levy execution on the asset transferred or its proceeds. [1985 c.664 §7]

Source: Section 95.260 — Remedies of creditor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 105.646 — OR Code / Title 10 / Chapter 105 / Section 105.646
105.646 Recording of disclaimer
Status: in_force

If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect the validity of the disclaimer as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [2001 c.245 §15]

Source: Section 105.646 — Recording of disclaimer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.304 — OR Code / Title 10 / Chapter 98 / Section 98.304
98.304 Intangible property subject to custody of state
Status: in_force

Unless otherwise provided in ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under ORS 98.342 (Miscellaneous personal property held for another person) are satisfied, and one or more of the following is true:

(1) The last-known address, as shown on the records of the holder, of the apparent owner is in this state.

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last-known address of the person entitled to the property is in this state.

(3) The records of the holder do not reflect the address of the apparent owner, and one or more of the following is established:

(a) The last-known address of the person entitled to the property is in this state.

(b) The holder is a domiciliary or a government or political subdivision or agency of this state and has not previously paid or delivered the property to the state of the last-known address of the apparent owner or other person entitled to the property.

(c) The last-known address, as shown on the records of the holder, or the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or political subdivision or agency of this state.

(4) The last-known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or political subdivision or agency of this state.

(5) The transaction out of which the property arose occurred in this state, and:

(a) There is no known address of the apparent owner or other person entitled to the property;

(b) The last-known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheats or custodial taking of the property or its escheats or unclaimed property law is not applicable to the property; or

(c) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. [1983 c.716 §28; 1993 c.694 §1]

Source: Section 98.304 — Intangible property subject to custody of state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.113 — OR Code / Title 10 / Chapter 105 / Section 105.113
105.113 Form of summons
Status: in_force

(1) Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 (Eviction of employee) applies, the summons must be in substantially the following form and be available from the court clerk:

PLAINTIFF (Landlord or agent):

___________________________

___________________________

vs.

DEFENDANT (Tenants/Occupants):

___________________________

___________________________

TO: _______________ (Street address and city of property occupied by defendant)

_______________ (Mailing address if different)

ON _________, 2_____ AT _____ A.M./P.M., you must come to the County Court House located at _________. You do not have to pay any fees to the court for this first hearing.

• If you do not appear in court and your landlord does, your landlord will win automatically and can have the Sheriff physically remove you.

• If you do show up in court and your landlord does not, this eviction action will be dropped.

• If both of you show up:

• The judge may ask you to try to reach an agreement with your landlord, but this is voluntary. Trained mediators may be available free of charge to help resolve disputes.

• The court will schedule a trial if you and your landlord do not reach an agreement or if you do not agree to move out.

IF YOU WANT A TRIAL, YOU MUST:

• Show up in court at the time scheduled above;

• On the same day, file an Answer with the Court giving a legal reason why you should not be evicted (the Court can give you a form);

• Give a copy of the Answer to your landlord (or your landlord’s agent or attorney); and

• Pay a filing fee of $_____ (the judge may allow payment to be deferred in certain circumstances).

IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need help finding an attorney, you can contact the Oregon State Bar’s Lawyer Referral Service online at ____________ (current website) or by calling ____________ (current phone numbers).

___________________________

Signature of Plaintiff (landlord or agent)

Plaintiff’s address:

___________________________

___________________________

Plaintiff’s telephone number: _________

(2) Except as provided in ORS 408.515 (Information to be included with certain documents related to real property) (3), the information required under ORS 408.515 (Information to be included with certain documents related to real property) must be included with the summons. [2001 c.596 §8; 2011 c.398 §4; 2017 c.252 §26; 2019 c.405 §4; 2020 s.s.3 c.3 §§13,20]

Source: Section 105.113 — Form of summons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 95.220 — OR Code / Title 10 / Chapter 95 / Section 95.220
95.220 Value
Status: in_force

(1) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.

(2) For the purposes of ORS 95.230 (Transfer or obligation voidable as to present or future creditor) (1)(b) and 95.240 (Transfer or obligation voidable as to present creditor) , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.

(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. [1985 c.664 §3; 2023 c.83 §7]

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

Source: Section 95.220 — Value , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 98.348 — OR Code / Title 10 / Chapter 98 / Section 98.348
98.348 Recovery of abandoned property by another state
Status: in_force

(1) At any time after property has been paid or delivered to the State Treasurer under ORS 98.352 (Report of abandoned property) , another state may recover the property if one or more of the following is true:

(a) The property was subjected to custody by this state because the records of the holder did not reflect the last-known address of the apparent owner when the property was presumed abandoned under 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) ; and the other state establishes that the last-known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state.

(b) The last-known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state.

(c) The records of the holder were erroneous in that they did not accurately reflect the owner of the property and the last-known address of the owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state.

(d) The property was subjected to custody by this state and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state.

(e) The property is the sum payable on a traveler’s check, money order or other similar instrument that was subjected to custody by this state under ORS 98.309 (Traveler’s check or money order presumed abandoned) , and the instrument was purchased in the other state and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.

(2) The claim of another state to recover escheated or unclaimed property must be presented in a form prescribed by the State Treasurer. The State Treasurer shall decide the claim within 90 days after it is presented.

(3) The State Treasurer shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property. [1983 c.716 §36; 1993 c.694 §5; 2019 c.678 §9]

Source: Section 98.348 — Recovery of abandoned property by another state; form of claim; indemnification of this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.994 — OR Code / Title 10 / Chapter 97 / Section 97.994
97.994 Penalties for ORS 97.931, 97.933, 97.941 and 97.943
Status: in_force

Violation of any of the provisions of ORS 97.931 (Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales) , 97.933 (Certification of provider of prearrangement or preconstruction sales) , 97.941 (Prearrangement or preconstruction trust fund deposits) or 97.943 (Distributions from prearrangement trust fund deposits) is punishable as a Class A misdemeanor. [Formerly 128.991; 2003 c.362 §9]

Note: 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.994 — Penalties for ORS 97.931, 97.933, 97.941 and 97.943 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.339 — OR Code / Title 10 / Chapter 92 / Section 92.339
92.339 Use of fees
Status: in_force

The moneys received under ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) and this section shall be paid into the State Treasury and placed to the credit of the General Fund in the Real Estate Account established under ORS 696.490 (Real Estate Account) . [Formerly 92.820]

Source: Section 92.339 — Use of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.385 — OR Code / Title 10 / Chapter 92 / Section 92.385
92.385 Examination
Status: in_force

(1) The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) to be offered for sale or lease and may make a public report of the commissioner’s findings. If a subdivision or series partition is located within this state and if no report is made within 45 days after examination of the subdivision or series partition, the report shall be deemed waived.

(2) The commissioner may waive an examination of a real estate subdivision located in another state only when that state has an existing subdivision law which provides for the examination of and a public report on the real estate subdivision and only where that state will waive examination of a real estate subdivision or series partition located within this state and will accept in lieu thereof a report prepared by the commissioner under subsection (1) of this section. [1974 c.1 §8; 1975 c.643 §6; 1983 c.570 §15]

Source: Section 92.385 — Examination; public report; waiver of examination in other state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 92.377 — OR Code / Title 10 / Chapter 92 / Section 92.377
92.377 Written notice to land division applicant
Status: in_force

(1) Within two weeks of receipt of any application for a division of land under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) , 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) or 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) , a local government shall send written notice to the applicant if:

(a) The application meets the requirements for an expedited land division under ORS 197.360 (“Expedited land division” defined) ; or

(b) The local government has insufficient information to determine whether the application meets the requirements for an expedited land division under ORS 197.360 (“Expedited land division” defined) .

(2) The written notice required under subsection (1) of this section must include a description of the requirements for an expedited land division and the procedure for applying for an expedited land division. [2015 c.260 §2]

Note: 92.377 (Written notice to land division applicant) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 92 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Examination of Subdivision and Series Partition; Public Report)

Source: Section 92.377 — Written notice to land division applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.945 — OR Code / Title 10 / Chapter 105 / Section 105.945
105.945 Exempted data
Status: in_force

ORS 105.925 (Definitions for ORS 105.925 to 105.945) to 105.945 (Exempted data) do not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system. [2007 c.644 §6]

Source: Section 105.945 — Exempted data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.876 — OR Code / Title 10 / Chapter 94 / Section 94.876
94.876 Requirements for closing escrow
Status: in_force

(1) Subject to the requirements of ORS 94.871 (When purchase money agreement prohibited) and 94.873 (Escrow account) , an escrow for the sale of a timeshare estate may close only if one of the following alternatives for protecting the purchaser is satisfied:

(a) The timeshare estate is conveyed to the purchaser free and clear of any blanket encumbrance;

(b) The timeshare property in which the timeshare estate is granted is conveyed to a trustee under a lien payment trust established under ORS 94.890 (Lien payment trust) and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

(c) The timeshare estate is conveyed to the purchaser subject only to a blanket encumbrance in which every person holding an interest in the blanket encumbrance executes and records a nondisturbance agreement or the Real Estate Commissioner accepts a surety bond as an alternative arrangement under ORS 94.900 (Alternative to lien payment trust) in an amount that is sufficient to satisfy the blanket encumbrance; or

(d) All requirements of an alternative arrangement approved by the commissioner under ORS 94.900 (Alternative to lien payment trust) are satisfied.

(2) Subject to the requirements of ORS 94.873 (Escrow account) , an escrow for the sale of a timeshare license may close only if one of the following alternatives for protecting the purchaser is satisfied:

(a) The timeshare property is conveyed to a trustee free and clear of any blanket encumbrance;

(b) The timeshare property is conveyed to a trustee under a lien payment trust established under ORS 94.890 (Lien payment trust) and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

(c) Every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement and the commissioner accepts a recorded surety bond in an amount that is sufficient to satisfy the blanket encumbrance; or

(d) The requirements of an alternative arrangement approved by the commissioner under ORS 94.900 (Alternative to lien payment trust) are satisfied. [1983 c.530 §30]

Source: Section 94.876 — Requirements for closing escrow , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 91.010 — OR Code / Title 10 / Chapter 91 / Section 91.010
91.010 When tenancy is deemed to exist
Status: in_force

A tenancy is deemed to exist under this chapter and ORS 105.115 (Causes of unlawful holding by force) and 105.120 (Notice necessary to maintain action in certain cases) when one has let real estate as a landlord to another. [Amended by 1987 c.158 §16]

Source: Section 91.010 — When tenancy is deemed to exist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 90.528 — OR Code / Title 10 / Chapter 90 / Section 90.528
90.528 Use of common areas or facilities
Status: in_force

(1) A landlord who rents a space for a manufactured dwelling may require a deposit for the use of common areas or facilities by a tenant or tenants. The amount of any deposit charged for the use of common areas or facilities shall be reasonably based on the potential cleaning cost or other costs associated with the use of the area or facility. Conditions for return of a deposit shall be stated in writing and made available to the tenant or tenants placing the deposit.

(2) No tenant shall be required to acquire a bond or insurance policy as a precondition for the use of common areas or facilities.

(3) A landlord who rents a space for a manufactured dwelling shall not prohibit use of a common area or facility if the purpose of the prohibition is to prevent the use of the area or facility for tenant association meetings, tenant organizing meetings or other lawful tenant activities. [1997 c.303 §§3,4]

Note: 90.528 (Use of common areas or facilities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.528 — Use of common areas or facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 100.700 — OR Code / Title 10 / Chapter 100 / Section 100.700
100.700 Inspection of condominium
Status: in_force

The Real Estate Commissioner may make an on-site inspection of any condominium and require a report of the commissioner’s findings from such inspection to be included in the disclosure statement for use in the sale of the condominium. [Formerly 94.359]

Source: Section 100.700 — Inspection of condominium; report in disclosure statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 101.090 — OR Code / Title 10 / Chapter 101 / Section 101.090
101.090 Exemption of closed bed facilities from certificate of need review
Status: in_force

A closed bed long term care facility shall be subject to the same requirements as all other long term care facilities, as defined by ORS 442.015 (Definitions) , except that it shall be exempt from the certificate of need process provided by ORS 442.315 (Certificate of need) . However, any closed bed long term care facility which initiates under this exemption any new institutional health services, as defined in ORS 442.015 (Definitions) , and which subsequently accepts patients who are not residents of the continuing care retirement community, shall become subject to certificate of need review for such new institutional health services at the time that nonresident patients begin to be admitted. [1989 c.693 §10; 1991 c.67 §20; 2009 c.201 §8]

Source: Section 101.090 — Exemption of closed bed facilities from certificate of need review; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 92.433 — OR Code / Title 10 / Chapter 92 / Section 92.433
92.433 Escrow documents required of successor to vendor’s interest
Status: in_force

(1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in a land sale contract for which an escrow has been established pursuant to ORS 92.425 (Conditions prerequisite to sale) shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions of the contract.

(2) A subdivider, series partitioner or developer who has sold lots, parcels or interests in a subdivision or series partition under a land sale contract shall not dispose of or subsequently encumber the vendor’s interest therein unless the terms of the instrument of disposition or the encumbrance provide the means by which the purchaser or holder of the encumbrance will comply with subsection (1) of this section. [1977 c.809 §13; 1983 c.570 §22]

Source: Section 92.433 — Escrow documents required of successor to vendor’s interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.770 — OR Code / Title 10 / Chapter 100 / Section 100.770
100.770 Fraud and deceit prohibited
Status: in_force

No developer or agent of a developer shall, in connection with the sale of a condominium unit, directly or indirectly:

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

(2) Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading;

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

(4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature, including a public report issued pursuant to ORS 100.700 (Inspection of condominium) , which contains an untrue statement of a material fact or fails to state a material fact necessary in order to make the statements therein made, in the light of the circumstances under which they are made, not misleading;

(5) Issue, circulate or publish any advertising matter or make any written representation, including a public report issued pursuant to ORS 100.700 (Inspection of condominium) , unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

(6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement to the effect that the condominium has been in any way approved or indorsed by the Real Estate Commissioner. [Formerly 94.448]

Source: Section 100.770 — Fraud and deceit prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.625 — OR Code / Title 10 / Chapter 94 / Section 94.625
94.625 Formation of homeowners association
Status: in_force

(1) Except as provided in subsection (2) of this section, not later than the date on which the first lot in the planned community is conveyed, the declarant shall:

(a) Organize the homeowners association as a nonprofit corporation under ORS chapter 65;

(b) Adopt, on behalf of the association, the initial bylaws required under ORS 94.635 (Association bylaws) to govern the administration of the planned community; and

(c) Record the bylaws in the office of the recording officer of each county in which the planned community is located.

(2) If the plat contains a conveyance of any property to the homeowners association, the declarant shall organize the homeowners association as a nonprofit corporation under ORS chapter 65 before the plat is recorded.

(3) Intentionally left blank —Ed.

(a) The board of directors of an association of a planned community created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) before January 1, 2002, or a planned community described in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) shall cause the bylaws of the association and amendments to the bylaws in effect but not codified in the bylaws to be certified as provided in this subsection and recorded in the office of the recording officer of each county in which the planned community is located within 180 days of receipt of a written request from an owner that the bylaws be recorded.

(b) The president and secretary of the association shall certify and acknowledge, in the manner provided for acknowledgment of deeds, that:

(A) The bylaws are the duly adopted bylaws of the association; and

(B) Each amendment to the bylaws was duly adopted in accordance with the bylaws of the association.

(c) The 180-day period specified in paragraph (a) of this subsection may be extended as necessary if the board of directors is unable to record the bylaws for justifiable reasons.

(d) Failure to record the bylaws or amendments to the bylaws in accordance with this subsection does not render the bylaws or amendments to the bylaws ineffective.

(e) After the bylaws are recorded under this section, all amendments to the bylaws adopted thereafter must be recorded as provided in this section.

(4) Unless otherwise provided in the bylaws, amendments to the bylaws may be proposed by a majority of the board of directors or by at least 30 percent of the owners of the planned community.

(5) Subject to subsection (6) of this section, an amendment is not effective unless the amendment is:

(a) Approved, unless otherwise provided in the bylaws, by a majority of the votes in a planned community present, in person or by proxy, at a duly constituted meeting, by written ballot in lieu of a meeting under ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) or other procedure permitted under the declaration or bylaws;

(b) Certified by the president and secretary of the association as having been adopted in accordance with the bylaws and this section and acknowledged in the manner provided for acknowledgment of deeds if the amendment is required to be recorded under paragraph (c) of this subsection; and

(c) Recorded in the office of the recording officer if the bylaws to which the amendment relates were recorded.

(6) If a provision required to be in the declaration under ORS 94.580 (Declaration) is included in the bylaws, the voting requirements for amending the declaration shall also govern the amendment of the provision in the bylaws.

(7) Notwithstanding a provision in the bylaws, including bylaws adopted prior to July 14, 2003, that requires an amendment to be executed, or executed and acknowledged, by all owners approving the amendment, amendments to the bylaws under this section become effective after approval by the owners if executed and certified on behalf of the association by the president and secretary in accordance with subsection (5)(b) of this section.

(8) An amendment to the bylaws is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to the amendment unless an action is brought within one year after the effective date of the amendment or the face of the amendment indicates that the amendment received the approval of fewer votes than required for approval. Nothing in this subsection prevents the further amendment of an amended bylaw.

(9) Failure to comply with subsection (1) of this section does not invalidate a conveyance from the declarant to an owner.

(10) The board of directors, by resolution and without the further approval of the owners, may cause restated bylaws to be prepared and recorded to codify individual amendments that have been adopted in accordance with subsection (5) of this section. Bylaws restated under this subsection must:

(a) Include all previously adopted amendments that are in effect and may not include any other changes except to correct scriveners’ errors or to conform format and style;

(b) Include a statement that the board of directors has adopted a resolution in accordance with this subsection and is causing the bylaws to be restated and recorded under this subsection;

(c) Include a reference to the recording index numbers and date of recording of the initial bylaws, if recorded, and all previously recorded amendments that are in effect and are being codified;

(d) Include a certification by the president and secretary of the association that the restated bylaws include all previously adopted amendments that are in effect and no other changes except, if applicable, to correct scriveners’ errors or to conform form and style; and

(e) Be executed and acknowledged by the president and secretary of the association and recorded in the deed records of each county in which the planned community is located. [1981 c.782 §35; 2001 c.756 §12; 2003 c.569 §10; 2007 c.410 §2; 2009 c.641 §5]

Note: Sections 3 and 4, chapter 67, Oregon Laws 2021, provide:

Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) . [2021 c.67 §3]

Sec. 4. (1) On or before December 31, 2024, each homeowners association of a planned community first established before September 1, 2021, shall review the declaration and bylaws of the planned community and shall:

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

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

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

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

(b) Must be in substantially the following form:

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

Pursuant to section 4, chapter 67, Oregon Laws 2021, the undersigned states:

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

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

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

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

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

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

______________________

______________________

Dated this _____ day of _________ 20___.

Name: _________________

President, ____________ (association name)

Dated this _____ day of _________ 20___.

Name: _________________

Secretary, _________ (association name)

STATE OF OREGON )

) ss.

County of _____ )

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

__________________

Notary Public for Oregon

My commission expires: _________

[2021 c.67 §4; 2021 c.367 §5b; 2023 c.223 §26]

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

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

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

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

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

Source: Section 94.625 — Formation of homeowners association; adoption of initial bylaws; amendment of bylaws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.975 — OR Code / Title 10 / Chapter 94 / Section 94.975
94.975 False practices prohibited
Status: in_force

No person shall, in connection with an offering or sale of a membership camping contract:

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

(2) Make any untrue statement of a material fact;

(3) Fail to state a material fact necessary to make a statement clear;

(4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature containing an untrue statement of a material fact or that fails to state a material fact necessary to make the statements made in the literature not misleading;

(5) Issue, circulate or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

(6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement that the membership camping contract has been in any way approved or indorsed by the Real Estate Commissioner. [1991 c.377 §2]

Note: 94.975 (False practices prohibited) and 94.976 (Advertising regulation) were added to and made a part of 94.953 (Definitions for ORS 94.953 to 94.989) to 94.989 (Interpretation of membership camping contracts) by legislative action but were not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 94.975 — False practices prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 101.030 — OR Code / Title 10 / Chapter 101 / Section 101.030
101.030 Registration of continuing care retirement community providers
Status: in_force

(1) A new continuing care retirement community provider shall register with the Department of Human Services before the provider:

(a) Enters into a residency agreement with a nonresident;

(b) Solicits either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or

(c) Collects an entrance fee.

(2) The provider shall apply for registration with the department on forms prescribed by the department. The application shall include a disclosure statement as described in ORS 101.050 (Preparation of disclosure statement by provider) . The disclosure statement must include an explanation, in boldfaced type, whether and in what manner and amount entrance fees are refunded to prospective residents in the event a prospective resident withdraws from the residency agreement prior to occupancy.

(3) Within 10 business days after receipt of the completed application for registration of a new continuing care retirement community, the department shall issue a notice of filing to the applicant. Within 60 days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the provider shall be considered registered unless the provider and the department agree in writing to an extension of time. If no order of rejection is entered within the time period as so extended, the provider shall be considered registered.

(4) If the department determines that the requirements of ORS 101.050 (Preparation of disclosure statement by provider) , 101.060 (Provider to maintain financial reserves) , 101.070 (Escrow account required for registration of new continuing care retirement community) and 101.090 (Exemption of closed bed facilities from certificate of need review) have been met, it shall enter an order registering the provider. If the department determines that any of the requirements of ORS 101.050 (Preparation of disclosure statement by provider) , 101.060 (Provider to maintain financial reserves) , 101.070 (Escrow account required for registration of new continuing care retirement community) or 101.090 (Exemption of closed bed facilities from certificate of need review) have not been met, the department shall notify the applicant that the application for registration must be corrected within 30 days in such particulars as are designated by the department. If the requirements are not met within the time allowed, the department may enter an order rejecting the registration. The order shall include the findings of fact upon which the order is based and which shall not become effective until 20 days after the end of the foregoing 30-day period. During the 20-day period, the applicant may petition for reconsideration and shall be entitled to a hearing. An order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been given to the applicant and a decision is rendered by the administrative law judge that sustains the department’s decision to reject the registration. [1989 c.693 §7; 1991 c.67 §19; 2003 c.75 §82; 2005 c.22 §79; 2009 c.201 §2]

Source: Section 101.030 — Registration of continuing care retirement community providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 90.580 — OR Code / Title 10 / Chapter 90 / Section 90.580
90.580 Entry to read submeter
Status: in_force

(1) A landlord using submeter billing may install submeters to measure consumption of a utility or service.

(2) After giving notice under ORS 90.725 (Landlord or agent access to rented space) , a landlord may enter a tenant’s space to install or maintain a utility or service line or a submeter that measures the amount of a provided utility or service. The installation of a submeter may be at the connection to the space or anywhere within the space, including under the dwelling or home, if the location does not interfere with the tenant’s access to the dwelling or home. The landlord shall ensure that the submeter and the water line to which it is attached are adequately insulated or located to prevent the submeter or water line from damage from freezing or weather.

(3) In addition to any other right of entry granted under ORS 90.725 (Landlord or agent access to rented space) , a landlord or the landlord’s agent may enter a tenant’s space without consent of the tenant and without notice to the tenant for the purpose of reading a submeter. An entry made under authority of this section is subject to the following restrictions:

(a) The landlord or landlord’s agent may not remain on the space for a purpose other than reading the submeter.

(b) The landlord or a landlord’s agent may not enter the space more than once per month.

(c) The landlord or landlord’s agent may enter the space only at reasonable times between 8 a.m. and 6 p.m.

(4) Except as provided in ORS 90.574 (Conversion to submeter or pro rata billing for water) (4)(a), a landlord is not required to inspect or to test submeters for accuracy.

(5) A landlord shall use submeter billing for the provision of water for:

(a) A manufactured dwelling park constructed after June 23, 2011.

(b) Any spaces added in excess of 200 in an expansion of a manufactured dwelling park after June 23, 2011. [Formerly 90.539]

90.582 Publication of submeter or pro rata bills; tenant

inspection. (1) If a landlord bills tenants for water using pro rata billing or submeter billing, the landlord shall post the facility water bills in an area accessible to tenants, including on an Internet location.

(2) A landlord shall, upon written request by the tenant, make available for inspection by the tenant all utility billing records relating to a utility or service charge billed to the tenant by the landlord during the preceding year. The landlord shall make the records available to the tenant during normal business hours at an on-site manager’s office or at a location agreed to by the landlord and tenant. A tenant may not abuse the right to inspect utility or service charge records or use the right to harass the landlord.

(3) If a landlord fails to comply with a provision of ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) , the tenant may recover from the landlord the greater of:

(a) One month’s rent; or

(b) Twice the tenant’s actual damages, including any amount wrongfully charged to the tenant. [Formerly 90.538]

Source: Section 90.580 — Entry to read submeter; requirement for water submeter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.255 — OR Code / Title 10 / Chapter 90 / Section 90.255
90.255 Attorney fees
Status: in_force

In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prevailing party” means the party in whose favor final judgment is rendered. [Formerly 91.755]

Source: Section 90.255 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.716 — OR Code / Title 10 / Chapter 94 / Section 94.716
94.716 Lien against two or more lots
Status: in_force

If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner’s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner’s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 §45]

Source: Section 94.716 — Lien against two or more lots; release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 90.310 — OR Code / Title 10 / Chapter 90 / Section 90.310
90.310 Disclosure of legal proceedings
Status: in_force

(1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

(a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee’s sale under a trust deed;

(b) Any pending suit to foreclose a mortgage, trust deed or vendor’s lien under a contract of sale;

(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

(d) Any pending proceeding to foreclose a tax lien.

(2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

(3) This section shall not apply to premises managed by a court appointed receiver.

(4) A manager who has complied with ORS 90.305 (Disclosure of certain matters) shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 §31]

Source: Section 90.310 — Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.385 — OR Code / Title 10 / Chapter 105 / Section 105.385
105.385 Clerk’s treatment of securities and investments
Status: in_force

The clerk in whose name a security is taken or by whom an investment is made, and the clerk’s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.

Source: Section 105.385 — Clerk’s treatment of securities and investments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 92.090 — OR Code / Title 10 / Chapter 92 / Section 92.090
92.090 Approval of subdivision plat names
Status: in_force

(1) Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters.

(2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless:

(a) The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or county determines it is in the public interest to modify the street or road pattern.

(b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon.

(c) The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) that are then in effect for the city or county within which the land described in the plan is situated.

(3) No plat of a proposed subdivision or partition shall be approved unless:

(a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities.

(b) Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county.

(c) The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated.

(d) The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved.

(e) The subdivision or partition plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or partition.

(f) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat.

(4) Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) , no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

(a) A certification by a city-owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

(b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county; or

(c) A statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385 (Examination) . If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

(5) Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) , no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

(a) A certification by a city-owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

(b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary; or

(c) A statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (Fees for certain reports on sewage disposal) (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385 (Examination) . If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

(6) A city or county shall accept as other assurance, as used in subsections (4)(b) and (5)(b) of this section, one or more award letters from public funding sources made to a subdivider who is subdividing the property to develop affordable housing, that is or will be subject to an affordability restriction as defined in ORS 456.250 (Definitions for ORS 456.250 to 456.267) or an affordable housing covenant as defined in ORS 456.270 (Definitions for ORS 456.270 to 456.295) , if the awards total an amount greater than the project cost.

(7) Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) , no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. [Amended by 1955 c.31 §1; 1955 c.756 §13; 1965 c.393 §1; 1973 c.696 §16; 1974 c.74 §3; 1983 c.309 §7; 1989 c.772 §13; 1991 c.331 §22; 1991 c.763 §15; 1995 c.164 §1; 2007 c.652 §3; 2023 c.223 §15]

Source: Section 92.090 — Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 101.140 — OR Code / Title 10 / Chapter 101 / Section 101.140
101.140 Advisory council
Status: in_force

(1) The Continuing Care Retirement Community Advisory Council is created and shall consist of nine members appointed by the Director of Human Services or a designee and shall represent the geographic location of providers in this state. A member must be a resident of this state. Three members must represent providers that are registered pursuant to ORS 101.030 (Registration of continuing care retirement community providers) and must have been actively engaged in the offering of residency agreements in this state for five years before appointment. The remaining members shall include:

(a) A representative of the business community with expertise in the area of management;

(b) A certified public accountant;

(c) An attorney; and

(d) Three Oregon residents of continuing care retirement communities or other consumer representatives.

(2) The term of office for a member shall be three years or until a successor has been appointed and qualified.

(3) The members of the advisory council shall serve without pay. They shall be reimbursed by the Department of Human Services for their actual and necessary traveling expenses incurred while on official business.

(4) The council shall:

(a) Elect a chairperson from among their number and elect or appoint a secretary, both of whom shall hold office for one year and thereafter until a successor is qualified and elected;

(b) Hold an annual meeting and hold other meetings at times and places the department or the chairperson of the council may direct;

(c) Keep a record of its proceedings. The record is prima facie evidence of all matters reported and shall be open to inspection at all times;

(d) Act in an advisory capacity to the department; and

(e) Make recommendations to the department on all proposed rules pertaining to this chapter. [1989 c.693 §5; 1993 c.18 §21; 1997 c.633 §7; 2001 c.900 §13]

Source: Section 101.140 — Advisory council; membership; compensation; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html (accessed May 26, 2025).
ORS § 105.624 — OR Code / Title 10 / Chapter 105 / Section 105.624
105.624 Definitions for ORS 105.623 to 105.649
Status: in_force

As used in ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) :

(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.

(3) “Disclaimer” means the refusal to accept an interest in property or a power over property.

(4) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

(5) “Jointly held property” means property held in the name of two or more persons under an arrangement pursuant to which:

(a) All holders have concurrent interests; and

(b) The last surviving holder is entitled to the whole of the property.

(6) “Person” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, public corporation or any other legal or commercial entity.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaska Native village, recognized by federal law or formally acknowledged by another state.

(8) “Trust” means:

(a) A charitable or noncharitable express trust, including any additions made to the trust, whenever and however created; and

(b) A trust created pursuant to a statute or judgment that requires the trust to be administered in the same manner as an express trust. [2001 c.245 §2; 2003 c.576 §369; 2009 c.294 §15; 2021 c.97 §12]

Source: Section 105.624 — Definitions for ORS 105.623 to 105.649 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.810 — OR Code / Title 10 / Chapter 97 / Section 97.810
97.810 Endowment care and nonendowed care cemeteries
Status: in_force

(1) As used in ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) :

(a) “Endowment care cemetery” means a cemetery that maintains an endowment care fund placed in an irrevocable trust fund.

(b) “Grave liner” means a burial receptacle designed to be installed in a grave, as defined in ORS 97.010 (Definitions) , to assist in preventing the ground from collapsing.

(2) An endowment care cemetery shall deposit with the trustee or custodian of its endowment care fund the following amounts received from the sale of plots, niches, crypts or private mausoleums:

(a) At least 15 percent of the gross sales price with a minimum of $5 for each grave sold without a grave liner installed at the time of sale or, when the gross sales price is paid in installments, at least 15 percent of each installment until at least 15 percent of the gross sales price has been deposited, with a minimum of $5 for each grave sold without a grave liner installed at the time of sale.

(b) At least nine percent of the gross sales price for each grave sold with a grave liner installed at the time of sale or, when the gross sales price is paid in installments, at least nine percent of each installment until at least nine percent of the gross sales price has been deposited.

(c) At least five percent of the gross sales price for each niche or, when the gross sales price is paid in installments, at least five percent of each installment until at least five percent of the gross sales price has been deposited.

(d) At least five percent of the gross sales price for each crypt or, when the gross sales price is paid in installments, at least five percent of each installment until at least five percent of the gross sales price has been deposited.

(e) At least five percent of the gross sales price for each private mausoleum or, when the gross sales price is paid in installments, at least five percent of each installment until at least five percent of the gross sales price has been deposited.

(3) The cemetery authority shall, within 30 days from the receipt of a payment, deposit with the trustee or custodian of its endowment care fund any payment received by the cemetery authority that is:

(a) Required by subsection (2) of this section to be paid into the fund; or

(b) A payment for special care, gifts, grants, contributions, devises or bequests made with respect to the separate or special care of a particular plot, grave, niche, crypt, mausoleum, monument or marker or that of a particular family.

(4) Within 75 days of the end of its fiscal year, each endowment care cemetery, except one owned by a city or a county, shall file with the Director of the Department of Consumer and Business Services a statement containing the following information pertaining to the endowment care fund:

(a) The total amount invested in bonds, securities, mortgages and other investments;

(b) The total amount of cash on hand not invested at the close of the previous calendar or fiscal year;

(c) The income earned by investments in the preceding calendar or fiscal year;

(d) The amounts of such income expended for maintenance in the preceding calendar or fiscal year;

(e) The amount paid into the fund in the preceding calendar or fiscal year; and

(f) Such other items as the director may from time to time require to show accurately the complete financial condition of the trust on the date of the statement.

(5) All of the information appearing on the statement must be verified by an owner or officer of the cemetery authority, and the cemetery authority shall maintain a copy of the statement in the business office of the cemetery authority.

(6) The director may require, as often as the director deems necessary, the cemetery authority to make under oath a detailed report of the condition and assets of any cemetery endowment care fund.

(7) At the time of the filing of the statements of its endowment care fund each cemetery authority shall pay to the director an annual fee as follows:

(a) Up to 100 interments per year, $40.

(b) Over 100 interments per year, $100.

(8) All fees received by the director under this section shall be immediately turned over to the State Treasurer who shall deposit the moneys in the Consumer and Business Services Fund created under ORS 705.145 (Consumer and Business Services Fund) .

(9) A cemetery may not operate as an endowment care, permanent maintenance or free care cemetery until the provisions of this section are complied with.

(10) The head of all contracts and certificates of ownership or deeds referring to plots in an endowment care cemetery must contain the following statement: “This cemetery is an endowment care cemetery,” in at least 10-point black type.

(11) All contracts and certificates of ownership or deeds referring to plots in an endowment care cemetery must contain the following statement: “Endowment care means the general care and maintenance of all developed portions of the cemetery and memorials erected thereon.”

(12) A cemetery that otherwise complies with this section may be designated an endowment care cemetery even though it contains a small area that may be sold without endowed care, if it is separately set off from the remainder of the cemetery. The head of all contracts and certificates of ownership or deeds referring to plots in this area must contain the phrase “nonendowed care” in at least 10-point black type.

(13) A nonendowed care cemetery is a cemetery that does not deposit in an endowment care fund the minimum amounts specified in subsection (2) of this section.

(14) A cemetery authority may not in any way advertise or represent that it operates wholly or partially as an endowment care cemetery, or otherwise advertise or represent that it provides general care or maintenance of all or portions of the cemetery or memorials erected thereon, unless the provisions of this section are complied with. [Amended by 1955 c.545 §2; 1965 c.396 §4; 1967 c.213 §1; 1987 c.295 §1; 1995 c.144 §4; 1999 c.66 §1; 2001 c.796 §23; 2007 c.661 §5; 2011 c.163 §1; 2019 c.8 §6]

Source: Section 97.810 — Endowment care and nonendowed care cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.705 — OR Code / Title 10 / Chapter 105 / Section 105.705
105.705 Right to bring action
Status: in_force

(1) When any dispute or controversy exists between owners of adjacent or contiguous lands in this state, concerning the boundary lines thereof, or the location of the line dividing such lands, any party to the dispute or controversy may bring an action in the circuit court in the county where all or part of the lands are situated, for the purpose of having the controversy or dispute determined, and the boundary line or dividing line ascertained and marked by proper monuments upon the ground where such line is ascertained.

(2) Upon final determination of the dispute by the court, the clerk of the court shall file one copy of the judgment in the office of the county surveyor, one copy in the office of the county assessor and one copy in the office of the county officer who keeps the records of deeds for recording in the county deed records. [Amended by 1965 c.24 §1; 1979 c.284 §97]

Source: Section 105.705 — Right to bring action; filing of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.750 — OR Code / Title 10 / Chapter 100 / Section 100.750
100.750 Inspection of records
Status: in_force

Records of the sale of any condominium unit shall be subject to inspection by the Real Estate Commissioner and shall be made available to the commissioner in Oregon at the request of the commissioner. [Formerly 94.437]

Source: Section 100.750 — Inspection of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.855 — OR Code / Title 10 / Chapter 105 / Section 105.855
105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction
Status: in_force

Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted. [1973 c.702 §2]

Source: Section 105.855 — Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).