ORS § 90.848 — OR Code / Title 10 / Chapter 90 / Section 90.848
90.848 Exceptions to facility transfer requirements
Status: in_force

(1) With regard to a sale or transfer of a facility, ORS 90.842 (Notice of sale of facility) , 90.844 (Procedures for purchase of facility by tenants) and 90.846 (Notices and processes in facility transfer) do not apply to:

(a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate.

(b) Any transfer by gift, devise or operation of law.

(c) Any sale or transfer by a corporation to an affiliate.

(d) Any sale or transfer by a partnership to any of its partners.

(e) Any sale or transfer of an interest in a limited liability company to any of the limited liability company’s members.

(f) Any conveyance of an interest in a facility incidental to the financing of the facility.

(g) Any conveyance resulting from the foreclosure of a mortgage, deed of trust or other instrument encumbering a facility or any deed given in lieu of a foreclosure.

(h) Any sale or transfer between or among joint tenants or tenants in common owning a facility.

(i) Any sale or transfer in which the facility satisfies the purchaser’s requirement to make a like-kind exchange under section 1031 of the Internal Revenue Code.

(j) Any purchase of a facility by a governmental entity under the entity’s powers of eminent domain.

(k) Any transfer to a charitable trust.

(2) As used in this section, “affiliate” means any shareholder of the selling or transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the selling or transferring corporation or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the selling or transferring corporation. [2014 c.89 §4; 2015 c.217 §12; 2019 c.625 §29]

Source: Section 90.848 — Exceptions to facility transfer requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.110 — OR Code / Title 10 / Chapter 93 / Section 93.110
93.110 Quitclaim deed sufficient to pass estate
Status: in_force

A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.

Source: Section 93.110 — Quitclaim deed sufficient to pass estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.155 — OR Code / Title 10 / Chapter 100 / Section 100.155
100.155 Variable property
Status: in_force

(1) If by the termination date specified in the declaration there is any remaining variable property:

(a) Any property designated nonwithdrawable variable property becomes part of the common elements and any interest in the property held for security purposes is automatically extinguished by reclassification.

(b) Any property designated withdrawable variable property is automatically withdrawn from the condominium as of the termination date.

(c) Subject to paragraph (d) of this subsection, the association may record in the office of the recording officer in the county in which the condominium is located:

(A) For property reclassified under paragraph (a) of this subsection, a “Statement of Reclassification of Variable Property” stating that the remaining nonwithdrawable variable property has been reclassified to common elements pursuant to paragraph (a) of this subsection.

(B) For property withdrawn under paragraph (b) of this subsection, a “Statement of Withdrawal of Variable Property from Condominium” stating that remaining withdrawable variable property has been withdrawn from the condominium pursuant to paragraph (b) of this subsection.

(d) A statement described in paragraph (c) of this subsection must:

(A) Include the name of the condominium, a reference to the recording index numbers and date of recording of the declaration, the plat creating the affected variable property and any applicable supplemental declaration.

(B) Include a description of the reclassified or withdrawn variable property complying with ORS 93.600 (Description of real property for purposes of recordation) .

(C) Be executed by the association and acknowledged.

(e) After recording a statement under paragraph (c) of this subsection, the association shall provide a copy of the recorded statement to the county surveyor. The original plat may not be changed or corrected after it is recorded with the county clerk.

(2) Intentionally left blank —Ed.

(a) Unless expressly prohibited by the declaration, any variable property automatically withdrawn from the condominium under subsection (1)(b) of this section or voluntarily withdrawn under ORS 100.150 (Declarant’s options until termination date) (1)(b) may be later annexed to the condominium by the recording of a supplemental declaration and plat in accordance with ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) (3) if such action is first approved by at least 75 percent of all voting rights in the manner required for an amendment to the declaration.

(b) The supplemental declaration and plat shall be executed by the association and acknowledged. Except for the termination date, the supplemental declaration must comply with ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) (1) and (2) and must state that the annexation was approved by at least 75 percent of all voting rights.

(3) Intentionally left blank —Ed.

(a) Unless expressly prohibited by the declaration and notwithstanding the termination date, the association may, with respect to any variable property automatically reclassified, exercise any rights previously held by the declarant. The exercise of any right must first be approved by at least a majority of all voting rights. All other actions relating to such reclassified general common elements are regulated and governed in like manner as other general common elements of the condominium.

(b) If a supplemental declaration and plat is required for any action, the plat must be executed by the association and must comply with the requirements of this chapter as to a supplemental declaration and the recording of plats.

(4) Title to any additional units created under subsection (3) of this section automatically vests in the association upon the recording of a supplemental declaration and plat. The board of directors acting on behalf of the association has the power to hold, convey, lease, encumber or otherwise deal with a unit or any interest therein in like manner as other property owned by the association.

(5) The county clerk may charge a fee for recording a statement under this section according to provisions of ORS 205.320 (Fees collected by county clerk) (1)(d).

(6) The county assessor shall cause the assessment and tax rolls to reflect the status of any variable property affected by automatic property reclassification under subsection (1)(a) of this section or automatically withdrawn under subsection (1)(b) of this section. [Formerly 94.022; 2001 c.756 §33; 2009 c.641 §22; 2015 c.27 §9; 2019 c.69 §40]

Source: Section 100.155 — Variable property; uses and restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 91.245 — OR Code / Title 10 / Chapter 91 / Section 91.245
91.245 Penalty for letting or renting a place for gambling purposes
Status: in_force

Violation of ORS 91.240 (Gambling leases prohibited) (1) results in a forfeiture of twice the amount of the rent of such building or other place for six months to be recovered by action at law instituted by the district attorney in the name of the state. [Formerly 91.420]

Source: Section 91.245 — Penalty for letting or renting a place for gambling purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 90.323 — OR Code / Title 10 / Chapter 90 / Section 90.323
90.323 Maximum rent increase
Status: in_force

(1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

(2) During any tenancy other than week-to-week, the landlord may not increase the rent:

(a) During the first year after the tenancy begins.

(b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

(c) More than once in any 12-month period.

(d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (Calculation of maximum rent increase) (1).

(3) The notices required under this section must specify:

(a) The amount of the rent increase;

(b) The amount of the new rent;

(c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

(d) The date on which the increase becomes effective.

(4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (Termination of tenancy without tenant cause) (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

(5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

(a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

(b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

(A) Does not increase the tenant’s portion of the rent; or

(B) Is required by program eligibility requirements or by a change in the tenant’s income.

(6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant.

(7) This section does not 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) . [2016 c.53 §2; 2019 c.1 §2; 2021 c.252 §1; 2023 c.226 §4]

Note: 90.323 (Maximum rent increase) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 90.323 — Maximum rent increase; exceptions; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 105.700 — OR Code / Title 10 / Chapter 105 / Section 105.700
105.700 Prohibiting public access to private land
Status: in_force

(1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:

(a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and

(b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.

(2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:

(a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:

(A) Must be no smaller than eight inches in height and 11 inches in width;

(B) Must contain the words “Closed to Entry” or words to that effect in letters no less than one inch in height; and

(C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.

(b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:

(A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to “PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES”; or

(B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.

(3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.

(4) An award of liquidated damages under this section is not subject to ORS 31.725 (Pleading punitive damages) , 31.730 (Standards for award of punitive damages) or 31.735 (Distribution of punitive damages) .

(5) Nothing in this section affects any other remedy, civil or criminal, that may be available for a trespass described in this section. [1999 c.933 §1]

Source: Section 105.700 — Prohibiting public access to private land; notice requirements; damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.831 — OR Code / Title 10 / Chapter 105 / Section 105.831
105.831 Damages for injury to mining claim
Status: in_force

If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from such damage, removal or injury. In an appropriate case, the court may award punitive damages to such other person. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1049 §2; 1995 c.618 §56]

Source: Section 105.831 — Damages for injury to mining claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.961 — OR Code / Title 10 / Chapter 97 / Section 97.961
97.961 Refusal to make anatomical gift
Status: in_force

(1) An individual may refuse to make an anatomical gift of the individual’s body or body part by:

(a) A record signed by:

(A) The individual; or

(B) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(b) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or

(c) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(2) A record signed under subsection (1)(a)(B) of this section must:

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

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

(3) An individual who has made a refusal may amend or revoke the refusal:

(a) In the manner provided in subsection (1) of this section for making a refusal;

(b) By subsequently making an anatomical gift pursuant to ORS 97.957 (Methods of making anatomical gift before death of donor) that is inconsistent with the refusal; or

(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, provided that the destruction or cancellation is done with the intent to revoke the refusal.

(4) Except as otherwise provided in subsection (5) of this section, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or body part prohibits all other persons from making an anatomical gift of the individual’s body or body part.

(5) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal. [2007 c.681 §6; 2009 c.106 §3]

Note: See note under 97.951 (Short title) .

Source: Section 97.961 — Refusal to make anatomical gift; effect of refusal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 92.048 — OR Code / Title 10 / Chapter 92 / Section 92.048
92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046
Status: in_force

The procedure for adoption of any ordinance or regulation under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) and 92.046 (Adoption of regulations governing approval of partitioning of land) is as follows:

(1) The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such ordinance or regulation is situated or, if there is no such newspaper, a newspaper of general circulation published in the county. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.

(2) Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed ordinance or regulation to the governing body of the county or city, as the case may be. If the planning commission recommendation has not been received by the governing body of the county or the city prior to the expiration of such 60-day period, the governing body may consider the ordinance or regulation without recommendation of the planning commission thereon.

(3) Prior to the adoption of such ordinance or regulation, the governing body of the county or the city shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (1) of this section.

(4) A copy of any regulation or ordinance adopted by the governing body of a county or a city under this section, together with a map of the area subject to the regulation or ordinance and a brief statement of the different classifications, if any, of land partitioning under the ordinance or regulation, shall be filed with the recording officer of the county in which the land subject to the ordinance or regulation is situated. Such ordinance or regulation shall not be effective until so filed. If the ordinance or regulation is applicable throughout all of the area over which the county or city has jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) , only an outline map of such area shall be filed with the recording officer of the county.

(5) The ordinance or regulation may be amended from time to time by following the procedure prescribed in this section. [1955 c.756 §23; 1973 c.314 §1; 1973 c.696 §11; 1983 c.570 §2]

Source: Section 92.048 — Procedure for adoption of regulations under ORS 92.044 and 92.046 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 93.643 — OR Code / Title 10 / Chapter 93 / Section 93.643
93.643 Method of giving constructive notice of interest in real property
Status: in_force

(1) To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county where the property is located. Such recordation, and no other record, constitutes constructive notice to any person of the existence of the interest, except:

(a) Constructive notice may be given as provided in ORS 311.405 (Tax as lien) and ORS chapters 87, 450, 451, 452, 453, 454, 455 and 456 and local government charters; or

(b) A city may give constructive notice of a governmental lien by maintaining a record of the lien in an electronic medium that is accessible online during the regular business hours of the city.

(2) Notwithstanding subsection (1) of this section:

(a) A judgment lien attaches to real property of the judgment debtor as provided in ORS chapter 18.

(b) A lien shall be created against all real property of the person named in an order or warrant as provided in ORS 205.125 (County Clerk Lien Record) if the order or warrant is recorded in the County Clerk Lien Record.

(c) Constructive notice of either a local improvement district estimated assessment or a system development charge installment payment contract pursuant to ORS 223.290 (Payments entered on lien docket) , created after September 9, 1995, is given only by one of the following methods:

(A) By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county in which the property is located. The recording shall include a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation) . The city shall continue to maintain the bond lien docket as prescribed in ORS 223.230 (Lien docket) . The bond lien docket shall include a reference to the county recording by a document fee number or book and page number.

(B) By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract through an online electronic medium. The electronic lien record shall be the controlling lien record, to the exclusion of any informational recording made by the city in county indices. The city informational recording shall include a clear statement of the purpose of the recording and a reference to the location of the electronic lien record.

(3) A city that maintains records through an online electronic medium shall comply with the following requirements:

(a) Each lien record shall consist of the effective date of the recording, a reference to the location of source documents or files, a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation) , a site address, if appropriate, a state property identification number or county property tax identification number, a lien account number or other account identifier, the amount of the estimated assessment or system development charge installment payment contract, the final assessment in the case of a local improvement assessment district and the current amount of principal balance.

(b) Lien records shall be accessible through the online electronic medium to any individual or organization by mutual agreement with the city. Users of the online electronic medium shall be authorized to access the lien records from equipment maintained at sites of their choosing.

(4) Recording of the satisfaction of a local improvement district assessment or system development charge installment payment contract shall be made in the same location as the original recording, either in the indices maintained under ORS 205.130 (Recording duties of county clerk) or in the lien docket maintained through an electronic medium as provided in this section.

(5) A city that establishes an electronic lien record as authorized by this section shall record in the County Clerk Lien Record maintained under ORS 205.130 (Recording duties of county clerk) a statement that indicates the date and time at which the electronic lien record takes priority over the County Clerk Lien Record and that describes the methods by which the electronic lien records of the city are made accessible. [1987 c.586 §2a; 1995 c.709 §1; 1997 c.840 §1; 2003 c.576 §229; 2019 c.625 §65]

Source: Section 93.643 — Method of giving constructive notice of interest in real property; electronic lien records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 93.635 — OR Code / Title 10 / Chapter 93 / Section 93.635
93.635 Acknowledgment and recording of instruments contracting to convey fee title
Status: in_force

(1) All instruments contracting to convey fee title to any real property, at a time more than 12 months from the date that the instrument is executed and the parties are bound, shall be acknowledged, in the manner provided for acknowledgment of deeds, by the conveyor of the title to be conveyed. Except for those instruments listed in subsection (2) of this section, all such instruments, or a memorandum thereof, shall be recorded by the conveyor not later than 15 days after the instrument is executed and the parties are bound thereby.

(2) The following instruments contracting to convey fee title to any real property may be recorded as provided in subsection (1) of this section, but that subsection does not require such recordation of:

(a) Earnest money or preliminary sales agreements;

(b) Options; or

(c) Rights of first refusal. [1975 c.618 §4; 1977 c.724 §1; 1987 c.586 §23]

Source: Section 93.635 — Acknowledgment and recording of instruments contracting to convey fee title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 94.831 — OR Code / Title 10 / Chapter 94 / Section 94.831
94.831 Filing fees
Status: in_force

(1) The notice required under ORS 94.823 (Notice of intent to sell timeshares) shall be accompanied by a filing fee as follows:

(a) For a timeshare plan developed in a single phase, $500 plus $10 for each timeshare but in no case shall the fee exceed $3,000.

(b) For a timeshare plan developed in two or more phases, $500 plus $10 for each timeshare in the first phase, and $5 for each additional timeshare developed in a subsequent phase of the same development, but in no case shall the fee exceed $3,000 for each phase.

(2) For a material change notice submitted under ORS 94.828 (Public report on plan) (1), (2) and (4), the Real Estate Commissioner may charge a fee not to exceed $100 for each page of the public report that must be revised, but in no case shall the fee for a material change exceed $500.

(3) When an examination is to be made of timeshare property located in the State of Oregon, or timeshare property located outside Oregon that will be offered for sale to persons within Oregon, the commissioner, in addition to the filing fee provided in subsections (1) and (2) of this section, may require the developer to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the timeshare property, and an amount estimated to be necessary to cover the additional expense of the examination not to exceed $200 a day for each day consumed in the examination of the timeshare property. The amounts estimated by the commissioner under this subsection shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) .

(4) The moneys received under subsections (1) to (3) of this section shall be paid into the State Treasury and placed in the General Fund to the credit of the Real Estate Account established under ORS 696.490 (Real Estate Account) . [1983 c.530 §§22,23,24]

Source: Section 94.831 — Filing fees; inspection advance payment; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.951 — OR Code / Title 10 / Chapter 93 / Section 93.951
93.951 URPTDA 4. Nonexclusivity
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 §4]

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

Source: Section 93.951 — URPTDA 4. Nonexclusivity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.973 — OR Code / Title 10 / Chapter 97 / Section 97.973
97.973 Coordination of procurement and use of anatomical gifts
Status: in_force

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. [2007 c.681 §14]

Note: See note under 97.951 (Short title) .

Source: Section 97.973 — Coordination of procurement and use of anatomical gifts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 95.286 — OR Code / Title 10 / Chapter 95 / Section 95.286
95.286 Application to series organization
Status: in_force

(1) For the purposes of ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) , a series organization and each protected series of the organization is a separate person, even if for other purposes a protected series is not a person separate from the series organization or other protected series of the organization.

(2) As used in this section:

(a) “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (b) of this subsection.

(b) “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:

(A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.

(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.

(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. [2023 c.83 §3]

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

Source: Section 95.286 — Application to series organization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors095.­html (accessed May 26, 2025).
ORS § 97.953 — OR Code / Title 10 / Chapter 97 / Section 97.953
97.953 Definitions for ORS 97.951 to 97.982
Status: in_force

As used in ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) :

(1) “Adult” means an individual who is 18 years of age or older.

(2) “Agent” means:

(a) A health care representative or an alternate health care representative appointed under ORS 127.510 (Appointment of health care representative and alternate health care representative) ; or

(b) An individual expressly authorized to make an anatomical gift on the principal’s behalf by any record signed by the principal.

(3) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education.

(4) “Body part” means an organ, an eye or tissue of a human being. The term does not include the whole body.

(5) “Decedent” means a deceased individual whose body or body part is or may be the source of an anatomical gift, and includes a stillborn infant or a fetus.

(6) Intentionally left blank —Ed.

(a) “Disinterested witness” means a witness other than:

(A) A spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift; or

(B) An adult who exhibited special care and concern for the individual.

(b) “Disinterested witness” does not include a person to whom an anatomical gift could pass under ORS 97.969 (Authorized recipients of anatomical gifts) .

(7) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement, symbol or designation on a driver license, identification card or donor registry.

(8) “Donor” means an individual whose body or body part is the subject of an anatomical gift.

(9) “Donor registry” means a centralized database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(10) “Driver license” means a license or permit issued under ORS 807.040 (Requirements for issuance) , 807.200 (Types of permit) , 807.280 (Instruction driver permit) or 807.730 (Issuance of limited term driver licenses, permits and identification cards) , regardless of whether conditions are attached to the license or permit.

(11) “Eye bank” means an organization licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

(12) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. “Guardian” does not include a guardian ad litem.

(13) “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state.

(14) “Identification card” means the card issued under ORS 807.400 (Issuance) or 807.730 (Issuance of limited term driver licenses, permits and identification cards) , or a comparable provision of the motor vehicle laws of another state.

(15) “Know” means to have actual knowledge.

(16) “Minor” means an individual who is under 18 years of age.

(17) “Organ procurement organization” means an organization designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(18) “Parent” means a parent whose parental rights have not been terminated.

(19) “Physician” means an individual authorized to practice medicine under the law of any state.

(20) “Procurement organization” means an eye bank, organ procurement organization or tissue bank.

(21) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a body part that could be medically suitable for transplantation, therapy, research or education. The term does not include an individual who has made a refusal.

(22) “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(23) “Recipient” means an individual into whose body a decedent’s body part has been or is intended to be transplanted.

(24) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(25) “Refusal” means a record that expressly states an intent to prohibit other persons from making an anatomical gift of an individual’s body or body part.

(26) “Sign” means, with the present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

(27) “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.

(28) “Technician” means an individual determined to be qualified to remove or process body parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator.

(29) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(30) “Tissue bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

(31) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. [2007 c.681 §2; 2008 c.1 §33; 2017 c.409 §2; 2018 c.36 §24; 2019 c.701 §15]

Note: See note under 97.951 (Short title) .

Source: Section 97.953 — Definitions for ORS 97.951 to 97.982 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.545 — OR Code / Title 10 / Chapter 100 / Section 100.545
100.545 Compliance with bylaws and other restrictions
Status: in_force

Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the unit. Failure to comply therewith shall be grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner. [Formerly 94.275]

Source: Section 100.545 — Compliance with bylaws and other restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.480 — OR Code / Title 10 / Chapter 105 / Section 105.480
105.480 Representations in disclosure statement
Status: in_force

(1) The representations contained in a seller’s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of:

(a) A financial institution that may have made or that may make a loan pertaining to the property covered by a seller’s property disclosure statement, or that may have or take a security interest in the property covered by a seller’s property disclosure statement.

(b) A real estate licensee engaged by the seller or buyer.

(2) Neither a financial institution nor a real estate licensee is bound by or has any liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in the seller’s property disclosure statement required by ORS 105.465 (Application of ORS 105.462 to 105.490, 696.301 and 696.870) or any amendment to the disclosure statement. [1993 c.547 §4b; 1997 c.631 §400; 2001 c.300 §69; 2003 c.328 §7]

Source: Section 105.480 — Representations in disclosure statement; application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 100.225 — OR Code / Title 10 / Chapter 100 / Section 100.225
100.225 Acquisition of special declarant rights by successor declarant
Status: reserved

(1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor’s interest in the condominium, unless:

(a) The conveyance evidences an intent not to transfer any special declarant rights;

(b) An instrument executed by the transferor and the transferee evidences an intent not to transfer any special declarant rights and is recorded in the office of the recording officer of every county in which the property is located; or

(c) The transferee executes an instrument disclaiming any right to exercise any special declarant rights and such instrument is recorded in the office of the recording officer of every county in which the property is located.

(2) A transferee under subsection (1) of this section shall acquire less than all special declarant rights if:

(a) The conveyance from the transferor or an instrument executed by the transferor and the transferee evidences an intent to transfer less than all special declarant rights and states the specific right being transferred, and such instrument is recorded in the office of the recording officer of every county in which the property is located; or

(b) The transferee executes an instrument disclaiming specific special declarant rights and the instrument is recorded in the office of the recording officer of every county in which the property is located.

(3) When a transferee acquires all of the declarant’s interest in a condominium in which the declarant has reserved the right to add additional stages under ORS 100.125 (Annexation of additional property) , the transferee shall not acquire the right to annex additional stages to the condominium unless the transferee simultaneously acquires from the declarant property adjacent to the condominium which is entitled to be annexed to the condominium, or unless the conveyance evidences an intent to transfer such right to the transferee.

(4) A declarant or a successor declarant may transfer all or less than all of the transferor’s special declarant rights to a transferee, whether or not any interest in real property is conveyed, by an instrument executed by the declarant or successor declarant and the transferee evidencing an intent to transfer all or specific special declarant rights, which instrument shall be recorded in the office of the recording officer of every county in which the property is located. If the transfer is not subject to subsection (1) of this section, it shall also bear the written consent of any holder of a blanket encumbrance on the condominium. [Formerly 94.103]

Source: Section 100.225 — Acquisition of special declarant rights by successor declarant; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.286 — OR Code / Title 10 / Chapter 93 / Section 93.286
93.286 Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance
Status: in_force

(1) Except as otherwise provided in this chapter and except to the extent otherwise provided in the contract or other agreement with the seller, fulfillment of a contract for sale under ORS 93.285 (Procedure for enforcement of contractual requirement for delivery of deed of conveyance) shall have the following effects:

(a) Except as provided in paragraph (c) of this subsection, the seller and all persons claiming through the seller that were given the required notices pursuant to ORS 93.285 (Procedure for enforcement of contractual requirement for delivery of deed of conveyance) have no further rights in the contract or the property and no person has any right, by statute or otherwise, to redeem the property.

(b) All rights, title and interest in the property held by the seller and any improvements made to the property at the time the declaration of fulfillment is recorded are transferred to the purchaser as though the seller had delivered a fulfillment of deed to the purchaser.

(c) Any claim of title or interest through the seller that was recorded prior to the recording of the contract for transfer or conveyance of an interest in real property or a memorandum of the contract shall maintain its priority and is not extinguished by the declaration of fulfillment.

(2) The failure to give notice to any person described in subsection (1) of this section does not affect the validity of the effects of fulfillment of a contract for sale as to persons so notified. [2017 c.164 §3]

Source: Section 93.286 — Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.730 — OR Code / Title 10 / Chapter 97 / Section 97.730
97.730 Gifts and bequests in trust for cemeteries
Status: in_force

Gifts, grants and bequests of personal property in trust for the purpose of providing perpetual care and maintenance, improvement or embellishment of private burial lots in or outside of cemeteries and of the walks, fences, monuments, structures or tombs thereon, are permitted and shall be deemed to be for perpetual and benevolent uses. They are not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument creating the trust; nor are they invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing in this section affects any existing authority or cause to pass upon the reasonableness of the amount of such gift, grant or bequest. Any cemetery association may act as trustee of and execute any such trust with respect to lots, walks, fences, monuments, structures or tombs, both within or outside its own cemetery limits, but within the county where such cemetery association has its principal office and place of business, whether such power is otherwise included in its corporate powers or not.

Source: Section 97.730 — Gifts and bequests in trust for cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.118 — OR Code / Title 10 / Chapter 100 / Section 100.118
100.118 Correction amendment to condominium plat
Status: in_force

(1) Unless the context requires otherwise, as used in this section “plat” means:

(a) A plat recorded under ORS 100.115 (Recording declaration and plat) .

(b) Floor plans made part of a plat that was recorded before October 15, 1983.

(c) A supplemental plat recorded under ORS 100.115 (Recording declaration and plat) .

(d) A plat amendment recorded under ORS 100.116 (Plat amendment) .

(2) Notwithstanding a provision in a document of a condominium or this chapter, a plat may be corrected by a plat amendment under ORS 100.116 (Plat amendment) as provided in subsection (3) of this section or by an affidavit of correction as provided in subsection (4) of this section.

(3) Except as provided in subsection (4) of this section, a correction to a plat must be made by a plat amendment in accordance with ORS 100.116 (Plat amendment) . The plat amendment by correction may:

(a) Conform the designation, depiction or boundaries of a unit, common elements or variable property on the plat to the physical location or actual dimensions of the unit, common elements or variable property.

(b) Correct a mathematical mistake.

(c) Correct the designation of a unit or limited common element.

(d) Make any other correction permitted under ORS 100.117 (Correction amendment to declaration or bylaws) .

(4) An affidavit of correction may correct a plat to:

(a) Show any courses or distances omitted from the plat.

(b) Correct an error in any courses or distances shown on the plat.

(c) Correct an error in the description of the real property shown on the plat.

(d) Correct any other errors or omissions when the error or omission is ascertainable from the data shown on the plat.

(e) Correct any other errors or omissions on the plat determined by the county surveyor.

(5) Nothing in subsection (4) of this section may be construed to permit changes in courses or distances for the purpose of redesigning unit, common element or variable property configurations by affidavit of correction under this section.

(6) The affidavit of correction shall be prepared by the registered professional land surveyor whose signature and seal are on the plat. In the event of the death, disability or retirement from practice of the surveyor, the county surveyor may prepare and record the affidavit of correction.

(7) The affidavit of correction prepared under subsection (6) of this section shall:

(a) Set forth in detail the corrections made; and

(b) Contain the seal and signature of the registered professional land surveyor making the correction which shall be affixed to the affidavit of correction.

(8) The affidavit of correction shall be submitted to the county surveyor for examination and a determination that:

(a) The changes shown on the affidavit of correction are permitted under subsection (4) of this section; and

(b) The affidavit of correction complies with subsection (7) of this section.

(9) If the county surveyor determines that the affidavit of correction complies with subsection (7) of this section, the county surveyor shall sign a certification that the affidavit of correction has been examined and complies with this section. The certification shall be a part of or an attachment to the affidavit of correction.

(10) Intentionally left blank —Ed.

(a) Before an affidavit of correction is recorded, it must be approved by the Real Estate Commissioner. The affidavit of correction shall be filed with the commissioner under ORS 100.670 (Fees) .

(b) The commissioner shall approve the affidavit of correction if it complies with this section. The approval shall be evidenced by execution of the affidavit of correction.

(11) Intentionally left blank —Ed.

(a) The surveyor who prepared the affidavit of correction shall cause the affidavit of correction to be recorded by the recording officer of the county where the plat or supplemental plat is recorded.

(b) If a correction by an affidavit of correction requires a correction amendment to a document under ORS 100.117 (Correction amendment to declaration or bylaws) , the affidavit of correction must be recorded concurrently with the correction amendment.

(12) The surveyor who prepared the affidavit of correction shall cause a copy of the recorded affidavit of correction to be provided to:

(a) The association of unit owners of the condominium, at the address shown in the Condominium Information Report filed in accordance with ORS 100.250 (Documents required to be filed with Real Estate Agency) or such other address of which the surveyor has knowledge.

(b) The county surveyor, unless otherwise directed by the county surveyor.

(c) The commissioner.

(13) Intentionally left blank —Ed.

(a) Unless otherwise specified in the affidavit of correction, after recording the affidavit of correction, the county clerk shall return the affidavit of correction to the county surveyor.

(b) Upon receipt of the original recorded affidavit of correction or a copy, the county surveyor shall note the correction and the recorder’s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (Recording plats) (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the plat.

(14) For recording the affidavit of correction under subsection (11) of this section, the county clerk shall collect a fee as provided in ORS 205.320 (Fees collected by county clerk) . Corrections or changes are not allowed on the original plat once it is recorded.

(15) For performing the services described in this section, the county surveyor shall collect from the person submitting the affidavit of correction a fee established by the county governing body. [2009 c.641 §43b]

Note: See note under 100.117 (Correction amendment to declaration or bylaws) .

Source: Section 100.118 — Correction amendment to condominium plat; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.942 — OR Code / Title 10 / Chapter 105 / Section 105.942
105.942 Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair
Status: in_force

(1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems.

(2) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate medical research of the human body’s reaction to motor vehicle crashes if:

(a) The identity of the owner or driver is not disclosed in connection with the retrieved data; and

(b) The last four digits of the vehicle identification number are not disclosed.

(3) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to diagnose, service or repair a motor vehicle. [2007 c.644 §5]

Source: Section 105.942 — Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.862 — OR Code / Title 10 / Chapter 98 / Section 98.862
98.862 Exceptions to requirements of ORS 98.856
Status: in_force

A tower need not provide the written information required under ORS 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) if:

(1) The motor vehicle is towed from a parking facility where the tower has provided the information on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility.

(2) The tower is hired or otherwise engaged by an agency taking custody of a vehicle under ORS 819.140 (Agencies having authority to take vehicle into custody) .

(3) The tower tows the motor vehicle under a prenegotiated payment agreement between the tower and a motor vehicle road service company or an insurance company.

(4) The tower is hired or otherwise engaged by a business entity at the request of the owner or operator of the motor vehicle to tow the motor vehicle. [2007 c.538 §7]

Source: Section 98.862 — Exceptions to requirements of ORS 98.856 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.080 — OR Code / Title 10 / Chapter 105 / Section 105.080
105.080 Reimbursement of tenants in common obtaining possession
Status: in_force

In all cases where property in this state is or has been claimed or owned by residents of this state in common with others, and such residents have obtained or shall obtain the possession of the property at their own cost, expense or labor, they are entitled to reimbursement from the remaining claimant in common of the property, according to their proportionate interest therein. Residents so obtaining possession of such property have a lien upon it until the remaining claimant has paid or tendered such proportionate share of the reasonable costs, expenses or labor aforesaid.

Source: Section 105.080 — Reimbursement of tenants in common obtaining possession; lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 97.936 — OR Code / Title 10 / Chapter 97 / Section 97.936
97.936 Emergency orders of suspension or restriction
Status: in_force

(1) In addition to other actions authorized under ORS 97.948 (Grounds for discipline by director for violation of ORS 97.923 to 97.949) (2), the Director of the Department of Consumer and Business Services may:

(a) Issue an emergency order suspending or restricting a certificate or registration or ordering a certified provider or master trustee or an entity acting as a certified provider or master trustee to cease and desist from specified conduct; or

(b) Take other action deemed necessary by the director in the circumstances.

(2) The director shall promptly provide opportunity for hearing pursuant to ORS chapter 183.

(3) Emergency orders are:

(a) Effective when issued;

(b) Reviewable as provided in ORS 183.480 (Judicial review of agency orders) ; and

(c) Enforceable in the courts of this state. [2007 c.661 §23; 2012 c.7 §6]

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

Source: Section 97.936 — Emergency orders of suspension or restriction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.420 — OR Code / Title 10 / Chapter 97 / Section 97.420
97.420 Effect of failure to object
Status: in_force

Any owner of such cemetery as is mentioned in ORS 97.360 (Resurvey and alteration in shape or size) (2), or of any lot therein, or any relative or heir of any deceased person buried in such cemetery who fails to appear and file written objection to any proposed replat, alteration or vacation, authorized by ORS 97.360 (Resurvey and alteration in shape or size) (2), shall be deemed to have consented to the proposed change and shall be forever barred from claiming any right to use and have open for traffic or passageway any streets, alleys, driveways or parks vacated, or any right, title or interest therein, except as provided in ORS 97.360 (Resurvey and alteration in shape or size) (2) and 97.370 (Fixing date of hearing) to 97.410 (Right of adjacent lot owner upon vacation of way) .

Source: Section 97.420 — Effect of failure to object , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.020 — OR Code / Title 10 / Chapter 97 / Section 97.020
97.020 Exemption of certain organizations and cemeteries from certain sections of chapter
Status: in_force

(1) The provisions of ORS 97.030 (Vested rights not acquired) , 97.120 (Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990) , 97.310 (Survey and subdivision of land) to 97.350 (Dedication to cemetery purposes not invalid) , 97.360 (Resurvey and alteration in shape or size) (1), 97.510 (Sale and conveyance of plots by cemetery authority) and 97.550 (Plots are indivisible) relating to private cemeteries do not apply to:

(a) Any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination or any cemetery that such entity organizes, controls or operates.

(b) Any county or city cemetery.

(c) A historic cemetery, as defined in ORS 97.772 (Definition of “historic cemetery.”) , operated and maintained by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

(2) The provisions of ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) relating to private cemeteries do not apply to:

(a) Any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination or any cemetery that such entity organizes, controls or operates, unless the cemetery authority for an entity described in this paragraph elects to subject itself to ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) .

(b) Any county or city cemetery, unless the county or city elects to subject itself to ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.865 (Application of ORS 97.810 to 97.865 to religious, county and city cemeteries) .

(c) A historic cemetery, as defined in ORS 97.772 (Definition of “historic cemetery.”) , operated and maintained by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. [Amended by 1955 c.473 §1; 1997 c.167 §1; 2011 c.162 §1]

Source: Section 97.020 — Exemption of certain organizations and cemeteries from certain sections of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.450 — OR Code / Title 10 / Chapter 100 / Section 100.450
100.450 Association lien against individual unit
Status: in_force

(1) Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts levied under the declaration or bylaws. The lien is prior to a homestead exemption and all other liens or encumbrances upon the unit except:

(a) Tax and assessment liens; and

(b) A first mortgage or trust deed of record unless:

(A) The condominium consists of fewer than seven units, all of which are to be used for nonresidential purposes;

(B) The declaration provides that the lien of any mortgage or trust deed of record affecting the property shall be subordinate to the lien of the association provided under subsection (1) of this section; and

(C) The holder of any mortgage or trust deed of record affecting the property when the declaration is recorded executes a separate subordination of the holder’s interest to the declaration which is attached as an exhibit and which states that the holder understands that the declaration subordinates the holder’s lien to the assessment lien of the association provided under subsection (1) of this section.

(2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association’s lien. The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which the unit is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:

(a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;

(b) The name of the owner of the unit, or reputed owner, if known;

(c) The name of the condominium and the designation of the unit as stated in the declaration or applicable supplemental declaration; and

(d) A statement that if the owner of the unit thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.

(3) The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.

(4) Intentionally left blank —Ed.

(a) The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens) except, notwithstanding ORS 87.055 (Duration of lien) , a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.

(b) The lien may be enforced by the board of directors acting on behalf of the association of unit owners.

(c) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. A judgment entered on the action does not extinguish the lien. Payment on the judgment operates to satisfy the lien, or a portion of the lien, to the extent of the payment received.

(d) An action to foreclose a lien under this section or recover a money judgment for unpaid assessments may not be maintained unless the Condominium Information Report and the Annual Report described in ORS 100.250 (Documents required to be filed with Real Estate Agency) are designated current as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) .

(5) Unless the declaration or bylaws provides otherwise, fees, late charges, fines and interest imposed pursuant to ORS 100.405 (Association of unit owners) (4)(j), (k), (L) and (m) are enforceable as assessments under this section.

(6) With respect to condominium units also constituting timeshare property as defined by ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) , liens created by this section shall be assessed to the timeshare owners in the timeshare property according to the method for determining each owner’s liability for common expenses under the timeshare instrument and shall be enforced individually against each timeshare owner in the condominium unit.

(7) Notwithstanding the priority established for a lien for unpaid assessments and interest under subsection (1) of this section, the lien shall also be prior to the lien of a first mortgage or trust deed of record for the unit and the undivided interest in the common elements, if:

(a) The association of unit owners for the condominium in which the unit is located has given the lender under the mortgage or trust deed 90 days prior written notice that the owner of the unit is in default in payment of an assessment. The notice shall contain:

(A) Name of borrower;

(B) Recording date of trust deed or mortgage;

(C) Recording information;

(D) Name of condominium, unit owner and unit designation stated in the declaration or applicable supplemental declaration; and

(E) Amount of unpaid assessment.

(b) The notice under paragraph (a) of this subsection shall set forth the following in 10-point type:

NOTICE: The lien of the association may become prior to that of the lender pursuant to ORS 100.450 (Association lien against individual unit) .

(c) The lender has not initiated judicial action to foreclose the mortgage or requested issuance of a trustee’s notice of sale under the trust deed or accepted a deed in lieu of foreclosure in the circumstances described in ORS 100.465 (Circumstances in which deed in lieu of foreclosure extinguishes lien) prior to the expiration of 90 days following the notice by the unit owners’ association.

(d) The unit owners’ association has provided the lender, upon request, with copies of any liens filed on the unit, a statement of the assessments and interest remaining unpaid on the unit and other documents which the lender may reasonably request.

(e) The borrower is in default under the terms of the mortgage or trust deed as to principal and interest.

(f) A copy of the notice described in paragraph (a) of this subsection, together with an affidavit of notice by a person having knowledge of the facts, has been recorded in the manner prescribed in subsection (3) of this section. The affidavit shall recite the date and the person to whom the notice was given. [Formerly 94.195; 1995 c.31 §13; 1997 c.816 §10; 1999 c.59 §18; 1999 c.677 §71; 2001 c.104 §31; 2003 c.569 §36; 2017 c.110 §2]

Source: Section 100.450 — Association lien against individual unit; recording notice of claim; foreclosure; effect of judgment and payment; priority of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.658 — OR Code / Title 10 / Chapter 100 / Section 100.658
100.658 Limited residential condominium filing
Status: in_force

(1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 (Filing with commissioner) may request approval of the declaration and bylaws or a supplemental declaration by:

(a) Submitting the fee required by ORS 100.670 (Fees) ; and

(b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.

(2) A limited residential condominium filing must include:

(a) General information, provided on a form prescribed and furnished by the commissioner, including:

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

(B) The name, address and telephone number of the declarant and any agent of the declarant.

(b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS 100.668 (Documents and information included with filing) (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:

(A) Agree to comply with ORS 100.660 (Nonresidential condominium or security filing) , 100.705 (Sale prohibited prior to issuance of disclosure statement) , 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) and 100.740 (Notice to purchaser of cancellation rights) before the declarant sells any unit in the condominium;

(B) Assert understanding that violations of ORS 100.660 (Nonresidential condominium or security filing) , 100.705 (Sale prohibited prior to issuance of disclosure statement) , 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) or 100.740 (Notice to purchaser of cancellation rights) are subject to civil penalties and sanctions under ORS 100.900 (Civil penalty) and 100.905 (Cease and desist order) and criminal penalties under ORS 100.990 (Criminal penalties) ; and

(C) Assert understanding that violations of ORS 100.705 (Sale prohibited prior to issuance of disclosure statement) are subject to ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies) in addition to any other sanctions provided by law.

(3) After review of the limited residential condominium filing filed under this section, the commissioner may require the declarant to file additional documents and information related to the limited residential condominium filing that the commissioner deems necessary to review and approve the declaration and bylaws or a supplemental declaration under this chapter. [2019 c.69 §20]

Note: 100.658 (Limited residential condominium filing) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.658 — Limited residential condominium filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 92.097 — OR Code / Title 10 / Chapter 92 / Section 92.097
92.097 Employment of registered engineer by private developer
Status: in_force

(1) A city, county or special district may not prohibit the employment by a developer of a registered engineer to design or supervise the installation of the improvements of streets, water and sewer lines or other public improvements that are to be installed in conjunction with the development of land using private funds.

(2) When design or supervision of installation of improvements is performed by a registered engineer under subsection (1) of this section, the city, county or special district may elect to establish standards for such improvements, review and approve plans and specifications and inspect the installation of improvements. The city, county or special district may collect a fee for inspection and any other services provided in an amount not to exceed the actual cost of performing the inspection or other services provided. [1979 c.191 §2; 2009 c.259 §21]

Source: Section 92.097 — Employment of registered engineer by private developer; government standards and fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.119 — OR Code / Title 10 / Chapter 100 / Section 100.119
100.119 Restated declaration
Status: reserved

(1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:

(a) The word “Restated” in the declaration title.

(b) All previously adopted amendments that are recorded and in effect.

(c) A statement that the association has adopted a resolution in accordance with this subsection.

(d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.

(e) A certification by the association that:

(A) The restated declaration includes all previously adopted amendments that are recorded and in effect.

(B) Other changes were not made to the declaration except, if applicable, to correct scriveners’ errors or to conform format and style.

(2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:

(a) The words “Restated Assignment of Use of Limited Common Elements” followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.

(b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

(c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.

(d) The unit to which the use of each limited common element is reserved.

(e) An allocation, if any, of use of a limited common element assigned to more than one unit.

(f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.

(g) A statement that the association has adopted a resolution in accordance with this subsection.

(h) Any other information required by rule by the Real Estate Commissioner.

(i) Certification by the association that:

(A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

(B) Other changes were not made to the restatement except to correct scriveners’ errors or to conform format and style.

(3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.

(4) A restated declaration or a restated assignment of use under this section is not effective unless:

(a) Executed by the association and acknowledged;

(b) Approved by the commissioner under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) ; and

(c) Recorded in the office of the recording officer of every county in which the condominium is located.

(5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 §2]

Note: 100.119 (Restated declaration) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.119 — Restated declaration; restated assignment of use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.699 — OR Code / Title 10 / Chapter 105 / Section 105.699
105.699 Rules applicable to state lands
Status: in_force

The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (Duty of care or liability not created) on state land. [1979 c.434 §8; 1995 c.456 §7]

Source: Section 105.699 — Rules applicable to state lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.960 — OR Code / Title 10 / Chapter 105 / Section 105.960
105.960 Reformation
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (Statutory rule against perpetuities) (1)(b), (2)(b) and (3)(b) if:

(1) A nonvested property interest or a power of appointment becomes invalid under ORS 105.950 (Statutory rule against perpetuities) , statutory rule against perpetuities;

(2) A class gift is not but might become invalid under ORS 105.950 (Statutory rule against perpetuities) , statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by ORS 105.950 (Statutory rule against perpetuities) (1)(a) can vest but not within 90 years after its creation. [1989 c.208 §3]

Source: Section 105.960 — Reformation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.671 — OR Code / Title 10 / Chapter 94 / Section 94.671
94.671 Application of ORS 94.670 (5)
Status: in_force

The requirements of ORS 94.670 (Association duty to keep documents and records) (5) first apply:

(1) Commencing with the fiscal year following the turnover meeting required by ORS 94.616 (Turnover meeting) for the 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) .

(2) Commencing with the fiscal year following the year in which owners assume responsibility for administration of a planned community described in ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) . [2003 c.803 §24; 2009 c.641 §38; 2015 c.27 §8; 2017 c.423 §14]

Source: Section 94.671 — Application of ORS 94.670 (5) , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.848 — OR Code / Title 10 / Chapter 105 / Section 105.848
105.848 Radon information for potential buyers of one and two family dwellings
Status: in_force

(1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the information.

(2) The agency shall place the information described in subsection (1) of this section on the agency’s website and make printed copies of the information available to the public. The agency may charge a reasonable fee for providing a printed copy of the information.

(3) The agency shall encourage public and private entities dealing with potential buyers of one and two family dwellings to post the information described in subsection (1) of this section on entity websites and to assist in making printed copies of the information available to the public. [2010 c.83 §3]

Source: Section 105.848 — Radon information for potential buyers of one and two family dwellings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.846 — OR Code / Title 10 / Chapter 94 / Section 94.846
94.846 Designation of managing entity
Status: in_force

(1) Before the closing of the first timeshare sale the developer shall designate a managing entity, which may be the developer, the owners’ association, a trust, a management firm or an individual.

(2) The managing entity shall act as a fiduciary to each timeshare owner.

(3) The managing entity shall be responsible for:

(a) Managing and maintaining all accommodations and facilities of the timeshare plan.

(b) Collecting any assessment for common expenses.

(c) Providing each owner with an itemized annual budget including all receipts and expenditures.

(d) Maintaining all books and records concerning the timeshare plan on the timeshare property and making the books and records available for inspection by an owner.

(e) Making the books and records of the timeshare plan available for inspection by the Real Estate Agency.

(f) Scheduling occupancy of accommodations if each owner does not acquire a specific timeshare period so that each owner receives the use of the timeshare plan’s accommodations and facilities to which the owner is entitled.

(g) Performing all other duties necessary to maintain the accommodations or facilities as provided in any management contract or other agreement.

(h) Acting as agent for the owners for purposes of real property taxation, including collection and payment of real property taxes.

(i) Hiring and supervising an employee or agent to perform a function described in paragraphs (a) to (h) of this subsection.

(4) After giving the managing entity reasonable notice, a timeshare owner may require the managing entity to provide the names and addresses of all other timeshare owners in the timeshare plan. The managing entity may require the payment of a reasonable fee for reproduction costs.

(5) Unless expressly prohibited by the timeshare instrument, the managing entity shall have the authority to execute, acknowledge, deliver and record on behalf of the timeshare owners, an easement, right of way, license and any other similar interest affecting the timeshare property if the interest is beneficial and not materially detrimental to the timeshare plan.

(6) The instrument granting an interest under subsection (5) of this section shall be executed by the managing entity and acknowledged in the manner provided for acknowledgment of deeds under ORS 93.410 (Execution and acknowledgment of deeds) .

(7) For the purpose of transferring or otherwise disposing of all or any portion of the accommodations and facilities in the timeshare plan upon termination of the plan, the managing entity shall be the attorney-in-fact for each owner. Any transfer or disposition will be effective if the managing entity executes and acknowledges the written transfer instrument. [1983 c.530 §9; 1987 c.424 §5; 2003 c.14 §38]

Source: Section 94.846 — Designation of managing entity; duties and powers of entity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 93.963 — OR Code / Title 10 / Chapter 93 / Section 93.963
93.963 URPTDA 10. Notice
Status: in_force

A transfer on death deed is effective without:

(1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life; or

(2) Consideration. [2011 c.212 §10]

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

Source: Section 93.963 — URPTDA 10. Notice; delivery; acceptance; consideration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.865 — OR Code / Title 10 / Chapter 90 / Section 90.865
90.865 Dealer notice of rent payments and financing
Status: in_force

A seller of a manufactured dwelling who is subject to ORS 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) must provide notice under ORS 90.870 (Manner of giving notice) if the manufactured dwelling is to be placed in a facility and the seller:

(1) Pays a portion of the rent for the dwelling; or

(2) Provides financing or assists the buyer in arranging financing that results in a party taking a purchase money security interest in the dwelling and the seller knows that a portion of the proceeds from the financing is to be used to pay a portion of the rent for the dwelling. [2001 c.112 §2; 2003 c.655 §59]

Note: See first note under 90.860 (Definitions for ORS 90.865 to 90.875) .

Source: Section 90.865 — Dealer notice of rent payments and financing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 94.895 — OR Code / Title 10 / Chapter 94 / Section 94.895
94.895 Trust irrevocable without alternative arrangement
Status: in_force

(1) Except as provided in subsection (2) of this section:

(a) If a trust is established for timeshare property subject to timeshare licenses, the trust for the timeshare property shall be irrevocable during the time that any purchaser of a timeshare license has a right to the use of the timeshare property.

(b) If a trust is established for timeshare property subject to timeshare estates, the trust for the timeshare property shall be irrevocable until all blanket encumbrances are extinguished.

(2) The Real Estate Commissioner may approve an alternative arrangement that permits termination of the trust. [1983 c.530 §33]

Source: Section 94.895 — Trust irrevocable without alternative arrangement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 92.455 — OR Code / Title 10 / Chapter 92 / Section 92.455
92.455 Inspection of records
Status: in_force

Records of the sale or lease of real property within a subdivision or series partition shall be subject to inspection by the Real Estate Commissioner. [1974 c.1 §14; 1975 c.643 §10; 1983 c.570 §23]

Source: Section 92.455 — Inspection of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 105.755 — OR Code / Title 10 / Chapter 105 / Section 105.755
105.755 State liability for damages resulting from change of grade of roads other than city streets
Status: in_force

(1) As used in this section, “public road” means a road used by the general public, whether designated as a state highway, county or district road or otherwise, but does not include city streets under ORS 105.760 (State or county liability for damages resulting from change of grade of streets) .

(2) Whenever the Department of Transportation changes the grade of any public road from a previously established or maintained grade, the state shall be liable for and shall pay just and reasonable compensation for any legal damage or injury to real property abutting upon the public road affected by the grade change; except that the state shall not be liable for any damage or injury for any such change whenever the county has requested the Department of Transportation to make such change.

(3) Any person having any right, title or interest in any such real property has a cause of action against the state to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal as in other civil actions from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed.

(4) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

(5) The liability of the state terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation. [1961 c.510 §1; 1973 c.197 §5; 2003 c.576 §239]

Source: Section 105.755 — State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 90.130 — OR Code / Title 10 / Chapter 90 / Section 90.130
90.130 Obligation of good faith
Status: in_force

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [Formerly 91.730]

Source: Section 90.130 — Obligation of good faith , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.972 — OR Code / Title 10 / Chapter 97 / Section 97.972
97.972 Rights and duties of procurement organizations and others
Status: in_force

(1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Transportation and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(2) A procurement organization must be allowed reasonable access to information in the records of the Department of Transportation to ascertain whether an individual at or near death is a donor.

(3) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a body part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the body part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(4) Intentionally left blank —Ed.

(a) Unless otherwise prohibited by law, at any time after a donor’s death, the person to whom a body part passes under ORS 97.969 (Authorized recipients of anatomical gifts) may conduct any reasonable examination necessary to ensure the medical suitability of the body or body part for its intended purpose.

(b) A transplant hospital may not deny a recipient from receiving an anatomical gift exclusively on the basis that the recipient is a registry identification cardholder as defined in ORS 475C.777 (Definitions for ORS 475C.770 to 475C.919) .

(5) Unless otherwise prohibited by law, an examination under subsection (3) or (4)(a) of this section may include an examination of all medical and dental records of the donor or prospective donor.

(6) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(7) Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

(8) Subject to ORS 97.969 (Authorized recipients of anatomical gifts) (9) and 97.980 (Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner) , the rights of the person to whom a body part passes under ORS 97.969 (Authorized recipients of anatomical gifts) are superior to the rights of all others with respect to the body part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) , a person who accepts an anatomical gift of an entire body may allow embalming, burial, cremation or reduction and use of remains in a funeral service. If the gift is of a body part, the person to whom the body part passes under ORS 97.969 (Authorized recipients of anatomical gifts) , upon the death of the donor and before embalming, burial, cremation or reduction, shall cause the body part to be removed without unnecessary mutilation.

(9) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a body part from the decedent.

(10) A physician or technician may remove from the body of a donor a donated body part that the physician or technician is qualified to remove. [2007 c.681 §13; subsection (4)(b) of 2015 Edition enacted as 2015 c.844 §8; 2021 c.296 §18]

Note: See note under 97.951 (Short title) .

Source: Section 97.972 — Rights and duties of procurement organizations and others; authorized examinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.210 — OR Code / Title 10 / Chapter 93 / Section 93.210
93.210 Presumption respecting deed from trustee of undisclosed beneficiary
Status: in_force

If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated or named in the deed, a deed thereafter executed by such grantee conveying the property is presumed to have been executed with full right and authority and conveys prima facie title to the property. The grantee in the last-mentioned deed is under no duty whatsoever to see to the application of the purchase price. If the last-mentioned deed is recorded after June 7, 1937, after five years from its recording or, if it was recorded prior to June 7, 1937, then after June 7, 1942, the presumption is conclusive as to any undisclosed beneficiary and the title to the real estate, based upon the last-mentioned deed, shall not be called in question by any one claiming as beneficiary under the first-mentioned deed.

Source: Section 93.210 — Presumption respecting deed from trustee of undisclosed beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.205 — OR Code / Title 10 / Chapter 100 / Section 100.205
100.205 Transitional committee
Status: in_force

(1) A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a staged or flexible condominium if the number of units that the declarant may submit to the provisions of this chapter under ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) totals at least 20.

(2) Unless the turnover meeting has been held, the declarant shall call a meeting of the unit owners for the purpose of forming a transitional committee in accordance with the bylaws of the condominium. The declarant shall call such meeting:

(a) In a single stage condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the units.

(b) In a staged or flexible condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 (Annexation of additional property) or 100.150 (Declarant’s options until termination date) .

(3) The transitional committee shall be advisory only and shall consist of two or more members selected by unit owners other than the declarant and may include not more than one representative of the declarant. The members shall serve until the turnover meeting. The function of the committee shall be that of enabling ease of transition from control of the administration of the association of unit owners by the declarant to control by the unit owners. The committee shall have access to the information, documents and records that the declarant must turn over to the unit owners under ORS 100.210 (Turnover meeting) (5).

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

(5) If the meeting required under subsection (2) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner.

(6) If the owners other than the declarant do not select members for the committee under subsection (3) of this section, the declarant shall have no further responsibility to form the committee. [Formerly 94.084; 2023 c.9 §4]

Source: Section 100.205 — Transitional committee; notice of meeting for formation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.560 — OR Code / Title 10 / Chapter 97 / Section 97.560
97.560 Presumption of sole ownership in grantee of plot
Status: in_force

All plots conveyed to individuals are presumed to be solely and separately owned by the person named in the instrument of conveyance.

Source: Section 97.560 — Presumption of sole ownership in grantee of plot , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.250 — OR Code / Title 10 / Chapter 100 / Section 100.250
100.250 Documents required to be filed with Real Estate Agency
Status: in_force

(1) The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (Condominium Information and Annual Reports) (5):

(a) A Condominium Information Report described in ORS 100.260 (Condominium Information and Annual Reports) (1) by the declarant not later than 90 days after the declaration is recorded under ORS 100.100 (Property submitted to unit ownership by declaration) or by the board of directors if required under ORS 100.275 (Application of ORS 100.250 to 100.280) .

(b) The Annual Report described in ORS 100.260 (Condominium Information and Annual Reports) (2) by the declarant until the turnover meeting and the board of directors thereafter every year not later than the report date which shall be the anniversary date of filing the Condominium Information Report.

(c) An amendment to the reports required under this subsection by the declarant until the turnover meeting and the board of directors thereafter, within 30 days after there is a change in the information contained in a report.

(2) The Real Estate Agency shall collect the following fees for the documents delivered for filing:

DocumentFee

(a) Condominium Information

Report $100

(b) Annual Report $ 25

(c) Amendment $ 75

(d) Application for

Termination Statement $ 75

(e) Statement of Resignation $ 75

(3) Any fee paid under subsection (2) of this section or ORS 100.275 (Application of ORS 100.250 to 100.280) may be a common expense of the condominium. [1989 c.595 §38; 1991 c.132 §13; 1995 c.31 §4; 2001 c.756 §37]

Note: 100.250 (Documents required to be filed with Real Estate Agency) to 100.290 (Rules) were added to and made a part of ORS 100.005 (Definitions) to 100.910 (Use of fees) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.250 — Documents required to be filed with Real Estate Agency; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.955 — OR Code / Title 10 / Chapter 93 / Section 93.955
93.955 URPTDA 6. Revocability of transfer on death deed
Status: in_force

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 §6]

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

Source: Section 93.955 — URPTDA 6. Revocability of transfer on death deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 90.150 — OR Code / Title 10 / Chapter 90 / Section 90.150
90.150 Service or delivery of actual notice
Status: in_force

When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods:

(1) Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device.

(2) Written notice that is personally delivered to the landlord or tenant, left at the landlord’s rental office, sent by facsimile to the landlord’s residence or rental office or to the tenant’s dwelling unit, or attached in a secure manner to the main entrance of the landlord’s residence or tenant’s dwelling unit.

(3) Other written notice under ORS 90.155 (Service or delivery of written notice) . If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed.

(4) Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33; 2023 c.296 §2]

Source: Section 90.150 — Service or delivery of actual notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 92.245 — OR Code / Title 10 / Chapter 92 / Section 92.245
92.245 Fees for review proceedings resulting in modification or vacation
Status: in_force

The governing body of a city or county may, by ordinance or regulation adopted in accordance with ORS 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046) , prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon undeveloped subdivisions for which the plat is modified or vacated under ORS 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) . [1973 c.569 §5]

Source: Section 92.245 — Fees for review proceedings resulting in modification or vacation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 90.710 — OR Code / Title 10 / Chapter 90 / Section 90.710
90.710 Causes of action
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525 (Unreasonable conditions of rental or occupancy prohibited) , 90.630 (Termination by landlord) , 90.680 (Sale of dwelling or home on rented space) or 90.765 (Prohibitions on retaliatory conduct by landlord) has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater.

(b) If a person violates ORS 90.680 (Sale of dwelling or home on rented space) three or more times within a 24-month period, a person has a cause of action against the violator for any damages sustained as a result of the third or subsequent violation or $1,000, whichever is greater.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraphs (b) and (c) of this subsection, a tenant has a cause of action against the landlord for a violation of ORS 90.510 (Statement of policy) (4) for any damages sustained as a result of the violation, or $100, whichever is greater.

(b) The tenant has no cause of action if, within 10 days after the tenant requests a written agreement from the landlord, the landlord offers to enter into a written agreement that does not substantially alter the terms of the oral agreement made when the tenant rented the space and that complies with this chapter.

(c) If, within 10 days after being served with a complaint alleging a violation of ORS 90.510 (Statement of policy) , the landlord offers to enter into a written rental agreement with each of the other tenants of the landlord that does not substantially alter the terms of the oral agreement made when each tenant rented the space and that complies with this chapter, then the landlord is not subject to any further liability to the other tenants for previous violations of ORS 90.510 (Statement of policy) .

(d) Notwithstanding ORS 41.580 (Statute of frauds) (1), if a landlord and a tenant mutually agree on the terms of an oral agreement for renting residential property, but the tenant refuses to sign a written memorandum of that agreement after it has been reduced to writing by the landlord and offered to the tenant for the tenant’s signature, the oral agreement is enforceable notwithstanding the tenant’s refusal to sign.

(e) A purchaser has a cause of action, for damages sustained or $100, whichever is greater, against a seller who sells the tenant’s manufactured dwelling or floating home to the purchaser before the landlord has accepted the purchaser as a tenant if:

(A) The landlord rejects the purchaser as a tenant; and

(B) The seller knew the purchaser intended to leave the manufactured dwelling or floating home on the space. [Formerly 91.900; 1991 c.67 §16; 1991 c.844 §16; 1995 c.559 §39; 1995 c.618 §52; 2015 c.217 §6; 2019 c.268 §4]

Source: Section 90.710 — Causes of action; limit on cause of action of tenant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 97.660 — OR Code / Title 10 / Chapter 97 / Section 97.660
97.660 Lands of cemetery, crematory or reduction corporation
Status: in_force

A nonprofit corporation organized and existing solely for the purposes of either owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains, may purchase or take, by gift or devise, and own and hold lands for the sole purpose of either a cemetery, a crematory or an alternative disposition facility and burial place for cremated or reduced remains. Such lands shall be exempt from execution, and from any appropriation for public purposes, and lots or portions of such land and space in any buildings thereon may be sold, if intended to be used exclusively for burial purposes, and in no wise with a view to the profit of the members of such corporation. The land so held for cemetery purposes shall not exceed 600 acres, but if the land already held for such purpose by the corporation is all practically used, the amount thereof may be increased by adding thereto not more than 20 acres at any one time. The land so held for the purposes of a crematory or alternative disposition facility and the burial of cremated or reduced remains shall not exceed 30 acres, but if the land already held for such purposes by the corporation is all practically used, the amount thereof may be increased by adding thereto not more than 10 acres at any one time. Lands held for the purposes described in this section shall be exempt from taxation as provided in ORS 307.150 (Property used for burial, cremation or alternative disposition) . [Formerly 65.855; 2021 c.296 §12]

Note: 97.660 (Lands of cemetery, crematory or reduction corporation) to 97.680 (Recording plan) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.660 — Lands of cemetery, crematory or reduction corporation; exemption from execution, taxation and condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 105.105 — OR Code / Title 10 / Chapter 105 / Section 105.105
105.105 Entry to be lawful and peaceable only
Status: in_force

No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.

Source: Section 105.105 — Entry to be lawful and peaceable only , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.110 — OR Code / Title 10 / Chapter 98 / Section 98.110
98.110 Record to be kept by consignee or bailee of property
Status: in_force

When personal property is consigned to or deposited with any forwarding merchant, wharf, warehouse, tavern keeper or the keeper of any depot for the reception and storage of trucks, baggage, merchandise or other personal property, the consignee or bailee shall immediately cause to be entered in a book kept by the consignee or bailee a description of such property, with the date of its reception.

Source: Section 98.110 — Record to be kept by consignee or bailee of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 105.138 — OR Code / Title 10 / Chapter 105 / Section 105.138
105.138 Compelling arbitration
Status: in_force

(1) Notwithstanding ORS 105.137 (Effect of failure of party to appear) (6), if a party to an action to which ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) apply moves for an order compelling arbitration and abating the proceedings, the court shall summarily determine whether the controversy between the parties is subject to an arbitration agreement enforceable under ORS 90.769 (Informal dispute resolution) and, if so, shall issue an order compelling the parties to submit to arbitration in accordance with the agreement and abating the action for not more than 30 days, unless the parties agree to an order of abatement for a longer period acceptable to the court.

(2) If the court issues an order compelling arbitration under subsection (1) of this section, the court may not order the payment of rent into court pending the arbitration unless the court finds such an order is necessary to protect the rights of the parties. [1989 c.918 §7; 1991 c.844 §20; 1995 c.559 §46; 2001 c.596 §49a; 2007 c.508 §15; 2019 c.625 §68]

Source: Section 105.138 — Compelling arbitration; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 98.356 — OR Code / Title 10 / Chapter 98 / Section 98.356
98.356 Notice and publication of lists of unclaimed property
Status: in_force

(1) The State Treasurer shall publish notice of owners’ unclaimed accounts reported under ORS 98.352 (Report of abandoned property) . The notice shall be published at least twice in a newspaper or other generally circulated periodical published in this state. The State Treasurer may publish such notices at intervals to locate owners of accounts received under ORS 98.352 (Report of abandoned property) (4) in an expedient manner, but shall complete publication of all such accounts within one year of remittance.

(2) The State Treasurer is not required to publish in such notice any item of less than $100 unless the State Treasurer deems such publication to be in the public interest.

(3) This section is not applicable to sums payable on traveler’s checks or money orders presumed abandoned under ORS 98.309 (Traveler’s check or money order presumed abandoned) .

(4) The State Treasurer shall undertake reasonable efforts to locate owners of unclaimed property reported under ORS 98.352 (Report of abandoned property) . The costs of such efforts may be deducted from the proceeds that are paid to the owners when and if an owner is located. The State Treasurer shall specify, by rule, a maximum percentage of costs that may be deducted from a verified claim for unclaimed property.

(5) The State Treasurer may not disclose to the general public any confidential information provided by the Department of Revenue from taxpayer returns. [1957 c.670 §14; 1967 c.357 §3; 1983 c.716 §10; 1989 c.183 §1; 1993 c.694 §8; 1997 c.134 §1; 2003 c.253 §5; 2019 c.678 §13]

Source: Section 98.356 — Notice and publication of lists of unclaimed property; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 91.080 — OR Code / Title 10 / Chapter 91 / Section 91.080
91.080 Termination when expiration of tenancy fixed by terms of lease
Status: in_force

A tenant entering into the possession of real estate may, by the terms of the lease, fix the date of expiration of the tenancy, and when so fixed, no notice is required to render the holding of the tenant wrongful and by force after the expiration of the term as fixed by the lease.

Source: Section 91.080 — Termination when expiration of tenancy fixed by terms of lease , https://www.­oregonlegislature.­gov/bills_laws/ors/ors091.­html (accessed May 26, 2025).
ORS § 97.460 — OR Code / Title 10 / Chapter 97 / Section 97.460
97.460 Requirements for establishment of cemetery or burial park
Status: in_force

(1) A person may not lay out, open up or use any property for cemetery or burial park purposes unless the person:

(a) Is the owner of the property;

(b) Has the written consent of the planning commission of the county or city having jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) or, if there is no such commission in such county or city, the governing body of such county or city;

(c) Agrees to maintain records of the disposition of human remains on the property as required by the planning commission or governing body of the county or city having jurisdiction under ORS 92.042 (Governing body having jurisdiction to approve plans, maps or plats) ; and

(d) Agrees to disclose the disposition of human remains upon sale of the property. Failure to disclose the disposition of human remains does not invalidate the sale of the property.

(2) A planning commission of a county or city or, if there is no planning commission in a county or city, the governing body of the county or city, shall provide to the State Mortuary and Cemetery Board a list of the requirements for laying out, opening up or using property in the county or city for cemetery or burial park purposes. [Formerly 64.060; 1965 c.396 §3; 2009 c.709 §9]

Source: Section 97.460 — Requirements for establishment of cemetery or burial park , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 94.572 — OR Code / Title 10 / Chapter 94 / Section 94.572
94.572 Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities
Status: in_force

(1) A Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) is subject to this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783) , 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute) , 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) , 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783) , 94.577 (Recording amended governing documents) , 94.590 (Amendment of declaration by owners) , 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association) , 94.626 (Corporate dissolution of association) , 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership) , 94.640 (Association board of directors) , 94.641 (Assent of director to board action) , 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors) , 94.644 (Meetings of board of directors) , 94.645 (Adoption of annual budget) , 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) , 94.650 (Meetings of lot owners) , 94.652 (Electronic notice to owner or director) , 94.655 (Quorum for association meetings) , 94.657 (Rules of order) , 94.658 (Voting or granting consent) , 94.660 (Method of voting or consenting) , 94.661 (Electronic ballot) , 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding) , 94.665 (Authority of association to sell, transfer, convey or encumber common property) , 94.670 (Association duty to keep documents and records) , 94.675 (Insurance for common property) , 94.676 (Insurance deductible for certain planned communities) , 94.680 (Blanket all-risk insurance) , 94.690 (Terms of insurance under ORS 94.680) , 94.695 (Authority to delegate association powers to master association) , 94.704 (Assessment and payment of common expenses) , 94.709 (Liens against lots) , 94.712 (Lot owner personally liable for assessment) , 94.716 (Lien against two or more lots) , 94.719 (Lien foreclosure) , 94.723 (Common expenses) , 94.728 (Taxation of lots and common property) , 94.733 (Easements held by owner of lot and by declarant) , 94.762 (Electric vehicle charging stations) , 94.770 (Application of rule against perpetuities) , 94.775 (Judicial partition of lots) , 94.777 (Compliance with bylaws and other restrictions required) , 94.779 (Unenforceability of certain requirements and restrictions) and 94.780 (Remedies) to the extent that those statutes are consistent with any governing documents of the planned community.

(2) If the governing documents of a planned community described in subsection (1) of this section do not provide for the formation of a homeowners association, the requirements of this section are not effective until the formation of an association in accordance with ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community) .

(3) If a provision of the governing documents of a planned community described in subsection (1) of this section is inconsistent with this section, the owners may amend the governing documents using the procedures in ORS 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute) . [2001 c.756 §3; 2003 c.569 §5; 2005 c.543 §3; 2007 c.409 §33; 2009 c.641 §3a; 2013 c.438 §4; 2015 c.27 §6; 2016 c.86 §2; 2017 c.423 §8; 2021 c.40 §10]

Source: Section 94.572 — Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 96.020 — OR Code / Title 10 / Chapter 96 / Section 96.020
96.020 Failure to repair partition fence
Status: in_force

If any party neglects to repair or rebuild such partition fence as is mentioned in ORS 96.010 (Sharing expenses of partition fence) or the portion thereof which the party ought to maintain, the aggrieved party may complain to a justice of the peace, who, after due notice to each party, shall examine the fence and if the justice of the peace determines it to be insufficient the justice of the peace shall so signify in writing to the delinquent party and direct the latter to repair or rebuild it within such time as the justice of the peace adjudges to be reasonable.

Source: Section 96.020 — Failure to repair partition fence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors096.­html (accessed May 26, 2025).
ORS § 93.410 — OR Code / Title 10 / Chapter 93 / Section 93.410
93.410 Execution and acknowledgment of deeds
Status: in_force

Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 §5; 1977 c.404 §1; 1999 c.654 §8]

Source: Section 93.410 — Execution and acknowledgment of deeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.117 — OR Code / Title 10 / Chapter 100 / Section 100.117
100.117 Correction amendment to declaration or bylaws
Status: in_force

(1) As used in this section and ORS 100.118 (Correction amendment to condominium plat) , “document” means the declaration, supplemental declaration or bylaws of a condominium.

(2) Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment under this section to:

(a) Correct the omission of an exhibit to a document.

(b) Correct a mathematical mistake, including, but not limited to:

(A) The calculation of the stated interest of affected units in the common elements;

(B) The area in square feet of a unit specified in the declaration or supplement declaration; and

(C) Liability of a unit for common expenses or right to common profits.

(c) Correct an inconsistency within a document or between or among the documents or a plat, supplemental plat or plat amendment.

(d) Correct an ambiguity, inconsistency or error with respect to an objectively verifiable fact.

(e) Authorize a plat amendment by correction under ORS 100.118 (Correction amendment to condominium plat) or an affidavit of correction under ORS 100.118 (Correction amendment to condominium plat) .

(f) Correct a provision that was inconsistent with this chapter at the time the document was recorded.

(g) Correct the omission of a provision required under this chapter.

(3) A correction amendment adopted under subsection (4) of this section must include:

(a) The words “Correction Amendment” in or after the title;

(b) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being corrected and any other applicable supplemental declarations, supplemental plats or amendments to the documents;

(c) A statement of the purpose of the correction; and

(d) A reference to any provisions of subsection (2) of this section that authorize the correction amendment.

(4) The board of directors may adopt a correction amendment under this section after giving notice as provided in subsection (8) of this section. No action by the unit owners is required.

(5) The declarant of the condominium may unilaterally adopt a correction amendment under this section to:

(a) A document or an amendment to a document, before the conveyance of the first unit in the condominium.

(b) A supplemental declaration or an amendment to the supplemental declaration, before conveyance of the first unit created by the supplemental declaration.

(6) A correction amendment under this section is not effective unless:

(a) The amendment is approved by the Real Estate Commissioner under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and, to the extent required, ORS 100.410 (Adoption of bylaws) and 100.413 (Approval of amended or restated bylaws) , by the county assessor and by the county tax collector, if required, under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) ;

(b) The amendment is certified by the association as adopted in accordance with subsection (4) of this section and acknowledged or is certified by the declarant under subsection (5) of this section and acknowledged; and

(c) Is recorded.

(7) A correction amendment to a declaration or a supplemental declaration that corrects the boundary of a unit, common element, variable property or other property interest constitutes a conveyance to the extent necessary to effectuate the correction.

(8) Intentionally left blank —Ed.

(a) Except for a correction amendment adopted by a declarant under subsection (5) of this section, the notice of any meeting of the board of directors at which the board intends to consider adoption of a correction amendment under this section must:

(A) State that the board intends to consider the adoption of a correction amendment.

(B) Specify the document to be corrected.

(C) Include a description of the nature of the correction.

(b) At least three days before the meeting of the board of directors, a notice of the meeting must be given to all owners in the manner described in ORS 100.420 (Board meetings) (6).

(9) The owner of a unit materially affected by the correction must be given notice of the meeting of the board of directors under subsection (8) of this section in the manner required under ORS 100.407 (Annual and special meetings of association) (4).

(10) The board of directors shall provide a copy of the recorded correction amendment and any plat amendment by correction or by affidavit of correction under ORS 100.118 (Correction amendment to condominium plat) recorded concurrently with the correction amendment to any owner described under subsection (9) of this section and to any owner if the correction changes that owner’s:

(a) Allocation of voting rights;

(b) Liability for common expenses that changes the amount of any assessment; or

(c) Allocation of interest in the common elements. [2009 c.641 §43a; 2011 c.532 §19; 2019 c.69 §6; 2021 c.40 §17]

Note: 100.117 (Correction amendment to declaration or bylaws) and 100.118 (Correction amendment to condominium plat) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 100 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.117 — Correction amendment to declaration or bylaws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 98.386 — OR Code / Title 10 / Chapter 98 / Section 98.386
98.386 Deposit of funds
Status: in_force

(1) Except as provided in subsection (2) of this section, all funds received 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) , including the proceeds from the sale of unclaimed property under ORS 98.382 (Sale of abandoned and unclaimed property) , shall be deposited by the State Treasurer in the Unclaimed Property and Estates Fund. Before making the deposit, the State Treasurer shall record the name and last-known address of each person appearing from the holders’ reports to be entitled to the unclaimed property and the name and last-known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation, and the amount due.

(2) Any amounts identified as lawyer trust account funds in the report required by ORS 98.352 (Report of abandoned property) shall be paid or delivered by the holder to the Oregon State Bar along with a copy of the report. All amounts paid or delivered to the Oregon State Bar under this section are continuously appropriated to the Oregon State Bar and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572 (Bar to establish Legal Services Program) , the payment of claims allowed under ORS 98.392 (Claiming unclaimed property) (2) and the payment of expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.

(3) Before making a deposit to the credit of the Unclaimed Property and Estates Fund, the State Treasurer may deduct:

(a) Any costs in connection with sale of unclaimed property;

(b) Any costs of mailing and publication in connection with efforts to locate owners of unclaimed property as prescribed by rule; and

(c) Reasonable service charges. [1957 c.670 §20; 1983 c.716 §16; 1989 c.183 §2; 1993 c.694 §15; 2009 c.462 §2; 2019 c.678 §20; 2021 c.424 §11]

Source: Section 98.386 — Deposit of funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html (accessed May 26, 2025).
ORS § 97.969 — OR Code / Title 10 / Chapter 97 / Section 97.969
97.969 Authorized recipients of anatomical gifts
Status: in_force

(1) An anatomical gift may be made to the following persons named in the document of gift:

(a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education;

(b) Subject to subsection (2) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the body part; or

(c) An eye bank or tissue bank.

(2) If an anatomical gift to an individual under subsection (1)(b) of this section cannot be transplanted into the individual, the body part passes in accordance with subsection (7) of this section in the absence of an express, contrary indication by the person making the anatomical gift.

(3) If an anatomical gift of one or more specific body parts or of all body parts is made in a document of gift that does not name a person described in subsection (1) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(a) If the body part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(b) If the body part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(c) If the body part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(d) If the body part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(4) For the purposes of subsection (3) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(5) If an anatomical gift of one or more specific body parts is made in a document of gift that does not name a person described in subsection (1) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.

(6) If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor” or “body donor” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.

(7) For purposes of subsections (2), (5) and (6) of this section, the following rules apply:

(a) If the body part is an eye, the gift passes to the appropriate eye bank.

(b) If the body part is tissue, the gift passes to the appropriate tissue bank.

(c) If the body part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(8) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b) of this section, passes to the organ procurement organization as custodian of the organ.

(9) If an anatomical gift does not pass pursuant to subsections (1) to (8) of this section or the decedent’s body or body part is not used for transplantation, therapy, research or education, custody of the body or body part passes to the person under obligation to dispose of the body or body part.

(10) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under ORS 97.957 (Methods of making anatomical gift before death of donor) or 97.967 (Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person) or if the person knows that the decedent made a refusal under ORS 97.961 (Refusal to make anatomical gift) that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(11) Except as otherwise provided in subsection (1)(b) of this section, ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited) do not affect the allocation of organs for transplantation or therapy. [2007 c.681 §10]

Note: See note under 97.951 (Short title) .

Source: Section 97.969 — Authorized recipients of anatomical gifts; purposes for which gift may be used , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 90.110 — OR Code / Title 10 / Chapter 90 / Section 90.110
90.110 Exclusions from application of this chapter
Status: in_force

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing.

(2) Occupancy of a dwelling unit for no more than 90 days by a purchaser prior to the scheduled closing of a real estate sale or by a seller following the closing of a sale, in either case as permitted under the terms of an agreement for sale of a dwelling unit or the property of which it is a part. The occupancy by a purchaser or seller described in this subsection may be terminated only pursuant to ORS 91.130 (Eviction of purchaser or seller of property) . A tenant who holds but has not exercised an option to purchase the dwelling unit is not a purchaser for purposes of this subsection.

(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

(4) Transient occupancy in a hotel or motel.

(5) Occupancy by a squatter.

(6) Vacation occupancy.

(7) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises. However, the occupancy by an employee as described in this subsection may be terminated only pursuant to ORS 91.120 (Eviction of employee) .

(8) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

(9) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. [Formerly 91.710; 1993 c.369 §2; 1997 c.577 §2; 1999 c.603 §6; 2001 c.596 §28]

Source: Section 90.110 — Exclusions from application of this chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 90.512 — OR Code / Title 10 / Chapter 90 / Section 90.512
90.512 Definitions for ORS 90.514 and 90.518
Status: in_force

As used in this section and ORS 90.514 (Disclosure to prospective tenant of improvements required under rental agreement) , 90.516 (Model statement for disclosure of improvements required under rental agreement) and 90.518 (Provider statement of estimated cost of improvements) :

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

(2) “Converted rental space” means a rental lot that is located in a subdivision created as provided under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) .

(3) “Improvements” has the meaning given that term in ORS 646A.050 (Definitions) .

(4) “Manufactured dwelling park” means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of the person.

(5) “Provider” means a contractor, manufactured dwelling dealer or landlord that is licensed under ORS chapter 701 and that contracts with a buyer for improvements to be made to a manufactured dwelling site in a manufactured dwelling park or to a converted rental space.

(6) “Statement of estimated costs” means a written list of the charges, fees, services, goods and accessories that a provider knows or should know are associated with the making of an improvement contracted by the provider and the total estimated cost to the buyer for the improvement. [2001 c.282 §2; 2001 c.969 §4; 2005 c.41 §3]

Source: Section 90.512 — Definitions for ORS 90.514 and 90.518 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025).
ORS § 93.670 — OR Code / Title 10 / Chapter 93 / Section 93.670
93.670 Power of attorney and executory contract for sale or purchase of lands
Status: in_force

(1) Every letter of attorney, or other instrument containing a power to convey lands, as agent or attorney for the owner of such lands, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed for the acknowledgment or proof of conveyances, may be recorded in the county clerk’s office of any county in which the lands to which such power or contract relates is situated. When so acknowledged or proved, such letter, instrument or contract, and the record thereof when recorded, or the certified transcript of such record, may be read in evidence in any court in this state without further proof of the same.

(2) No letter of attorney, or other instrument so recorded, is deemed to be revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded.

Source: Section 93.670 — Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 105.575 — OR Code / Title 10 / Chapter 105 / Section 105.575
105.575 Precedence of action on court docket
Status: in_force

An action under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) shall have precedence over all other actions, except prior matters of the same character, criminal proceedings and election contests. [1989 c.846 §6; 1999 c.168 §8]

Source: Section 105.575 — Precedence of action on court docket , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.124 — OR Code / Title 10 / Chapter 105 / Section 105.124
105.124 Form of complaint if ORS chapter 90 applies
Status: in_force

For a complaint described in ORS 105.123 (Complaint) , if ORS chapter 90 applies to the dwelling unit:

(1) The complaint must be in substantially the following form and be available from the clerk of the court:

PLAINTIFF (Landlord or agent):

___________________________

___________________________

Address: ______________

City: ______________

State: _________ Zip: ______

Telephone: _________

vs.

DEFENDANT (Tenants/Occupants):

___________________________

___________________________

MAILING ADDRESS: ___________

City: ______________

State: _________ Zip: ______

Telephone: _________

1.

Tenants are in possession of the dwelling unit, premises or rental property described above or located at:

_____________________

2.

Landlord is entitled to possession of the property because of:

___ 24-hour notice for personal

injury, substantial damage, extremely

outrageous act or unlawful occupant.

ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.403 (Taking possession of premises from unauthorized possessor) .

___ 24-hour or 48-hour notice for

violation of a drug or alcohol

program. ORS 90.398 (Termination of tenancy for drug or alcohol violations) .

___ 24-hour notice for perpetrating

domestic violence, sexual assault or

stalking. ORS 90.445 (Termination of tenant who commits criminal act of physical violence) .

___ 72-hour notice for

nonpayment of rent in a week-to-week

tenancy. ORS 90.394 (Termination of tenancy for failure to pay rent) (1).

___ 7-day notice with stated cause in

a week-to-week tenancy. ORS 90.392 (Termination of tenancy for cause) (6).

___ 10-day notice for a pet violation,

a repeat violation in a month-to-month

tenancy or without stated cause in a

week-to-week tenancy. ORS 90.392 (Termination of tenancy for cause) (5),

90.405 (Effect of tenant keeping unpermitted pet) or 90.427 (Termination of tenancy without tenant cause) (2).

___ 10-day or 13-day notice for nonpayment

of rent. ORS 90.394 (Termination of tenancy for failure to pay rent) (2).

___ 20-day notice for a repeat violation.

ORS 90.630 (Termination by landlord) (5).

___ 30-day, 60-day or 180-day notice without

stated cause in a month-to-month

tenancy. ORS 90.427 (Termination of tenancy without tenant cause) (3)(b) or (8)(a)(B)

or (C) or 90.429 (Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850) .

___ 30-day notice with stated cause.

ORS 90.392 (Termination of tenancy for cause) , 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) :

___ The stated cause is for

nonpayment as defined in ORS 90.395 (Required delivery of notice of rental assistance and support services before termination for nonpayment) .

___ 60-day notice with stated cause.

ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) .

___ 90-day notice with stated cause.

ORS 90.427 (Termination of tenancy without tenant cause) (5) or (7).

___ Notice to bona fide tenants after

foreclosure sale or termination of

fixed term tenancy after foreclosure

sale. ORS 86.782 (Sale of property) (6)(c).

___ Other notice _________

___ No notice (explain) _________

A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED

3.

If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the landlord can collect attorney fees from the defendant pursuant to ORS 90.255 (Attorney fees) and 105.137 (Effect of failure of party to appear) (3).

Landlord requests judgment for possession of the premises, court costs, disbursements and attorney fees.

I certify that the allegations and factual assertions in this complaint are true to the best of my knowledge.

__________________

Signature of landlord or agent.

(2) The complaint must be signed by the plaintiff, or an attorney representing the plaintiff as provided by ORCP 17, or verified by an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(3) A copy of the notice relied upon, if any, must be attached to the complaint. [2001 c.596 §5 ( 105.123 (Complaint) , 105.124 (Form of complaint if ORS chapter 90 applies) and 105.126 (Form of complaint if ORS chapter 90 does not apply) enacted in lieu of 105.125); 2005 c.22 §80; 2005 c.391 §29; 2007 c.508 §13; 2009 c.431 §3; 2011 c.510 §3; 2017 c.324 §4; 2019 c.1 §8; 2019 c.625 §67; 2020 s.s.3 c.3 §§15,21; 2023 c.13 §59]

Source: Section 105.124 — Form of complaint if ORS chapter 90 applies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.240 — OR Code / Title 10 / Chapter 93 / Section 93.240
93.240 Rights to deferred installments of purchase price where two or more persons join as sellers of real property
Status: in_force

(1) Subject to the provisions contained in this section, whenever two or more persons join as sellers in the execution of a contract of sale of real property or sell and convey title to real property in exchange for a note for all or a part of the purchase price secured by either a mortgage or trust deed on the real property, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price and the mortgage or trust deed, shall be owned by them in the same proportions, and with the same incidents, as title to the real property was vested in them immediately preceding the execution of the contract of sale or conveyance.

(2) If immediately prior to the execution of a contract of sale of real property, or a sale or conveyance of title to real property in exchange for a note for all or a part of the purchase price secured by a mortgage or trust deed on the real property, title to any interest in the property therein described was vested in the sellers or some of the sellers as tenants by the entirety or was otherwise subject to any right of survivorship, then, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price of the property and the mortgage and trust deed shall likewise be subject to like rights of survivorship. [1957 c.402 §§1,2; 1969 c.591 §276; 1989 c.74 §1; 1997 c.99 §21]

Source: Section 93.240 — Rights to deferred installments of purchase price where two or more persons join as sellers of real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 92.130 — OR Code / Title 10 / Chapter 92 / Section 92.130
92.130 Additional tracings transferred to county surveyor
Status: in_force

Any additional tracings of subdivision or partition plats as mentioned in ORS 92.120 (Recording plats) other than the one copy filed with the county surveyor shall be transferred to the county surveyor who then shall keep them well bound and safeguarded as required by law. If the original subdivision or partition plat or copy thereof is lost, destroyed, mutilated or missing from the county records, the county surveyor shall make a copy thereof, and file it in the proper office of record. Each such copy made by the county surveyor pursuant to this section shall bear a certificate of the surveyor that it was made in compliance with this section, and that it is a true copy of the original record. [Amended by 1955 c.756 §17; 1989 c.772 §19]

Source: Section 92.130 — Additional tracings transferred to county surveyor; replacing lost or destroyed records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 100.615 — OR Code / Title 10 / Chapter 100 / Section 100.615
100.615 Action for partition
Status: in_force

If the property is removed from the provisions of this chapter, as provided in ORS 100.600 (Termination of association or removal of real property by unit owners) and 100.605 (Removal of property from association) , it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among the unit owners in proportion to their respective undivided interests as determined under ORS 100.600 (Termination of association or removal of real property by unit owners) and 100.610 (Common ownership of property removed from unit ownership) after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner. [Formerly 94.312]

Source: Section 100.615 — Action for partition; division of sale proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 105.115 — OR Code / Title 10 / Chapter 105 / Section 105.115
105.115 Causes of unlawful holding by force
Status: in_force

(1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110 (Action for forcible entry or wrongful detainer) , 105.123 (Complaint) and 105.126 (Form of complaint if ORS chapter 90 does not apply) :

(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days.

(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120 (Notice necessary to maintain action in certain cases) , or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement.

(c) When the owner or possessor of a recreational vehicle that was placed or driven onto property without the prior consent of the property owner, operator or tenant fails to remove the recreational vehicle. The property owner or operator is not required to serve a notice to quit the property before commencing an action under ORS 105.126 (Form of complaint if ORS chapter 90 does not apply) against a recreational vehicle owner or possessor holding property by force as described in this paragraph.

(d) When the person in possession of a premises remains in possession after the time when a purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946 (Possession after sale) or 86.782 (Sale of property) .

(e) When the person in possession of a premises remains in possession after the time when a deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the premises.

(f) When the person in possession of a premises remains in possession after the time when a seller is entitled to possession in accordance with the provisions of ORS 93.930 (Recording affidavit after forfeiture) (2)(c) or pursuant to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest in real property.

(g) When the person in possession of a premises remains in possession after the expiration of a valid notice terminating the person’s right to occupy the premises pursuant to ORS 91.120 (Eviction of employee) , 91.122 (Occupancy of dwelling unit by employee of resident of dwelling unit) or 91.130 (Eviction of purchaser or seller of property) .

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

(a) The following are causes of unlawful holding by force within the meaning of ORS 105.110 (Action for forcible entry or wrongful detainer) and 105.123 (Complaint) :

(A) When the tenant or person in possession of any premises fails or refuses to pay rent within the time period required by a notice under ORS 90.392 (Termination of tenancy for cause) or 90.394 (Termination of tenancy for failure to pay rent) .

(B) When a rental agreement by its terms has expired and has not been renewed, or when the tenant or person in possession remains in possession after a valid notice terminating the tenancy pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental agreement or ORS chapter 90.

(b) A landlord may not file an action for the return of possession of a dwelling unit based upon a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period provided in a notice terminating the tenancy.

(c) The court may dismiss a claim for possession at any time if the complaint does not comply with this subsection.

(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including:

(a) Whether and in what amount rent is due;

(b) Whether a tenancy or rental agreement has been validly terminated; and

(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as provided by ORS 90.385 (Retaliatory conduct by landlord) and 90.765 (Prohibitions on retaliatory conduct by landlord) . [Amended by 1973 c.559 §34; 1977 c.365 §1; 1981 c.753 §5; 1995 c.559 §45; 2001 c.596 §47; 2003 c.378 §19; 2005 c.391 §28; 2007 c.653 §1; 2009 c.569 §2; 2009 c.638 §1; 2020 s.s.3 c.3 §14; 2023 c.13 §62]

Source: Section 105.115 — Causes of unlawful holding by force; action for return of possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.718 — OR Code / Title 10 / Chapter 105 / Section 105.718
105.718 Procedure for determining location of public land survey corner
Status: in_force

If the proceeding in a boundary action involves the location of a public land survey corner as defined by ORS 209.250 (Survey by registered land surveyor) (3), the court shall determine the location of the public land survey corner by the following method:

(1) The court shall appoint three disinterested commissioners who are registered professional land surveyors, one of whom shall be the county surveyor of the county in which the action is brought, and shall direct the commissioners to go upon the land of the parties and establish and mark out upon the ground the true and correct location of the corner in accordance with ORS 209.070 (Duties) . If the county surveyor of the county in which the action is brought is interested in any tract of land, the title of which is in dispute before the court, the court shall appoint the county surveyor of an adjacent county to serve in lieu of the interested county surveyor.

(2) The three commissioners shall establish and monument the true location of the corner in accordance with the current United States Manual of Surveying Instructions. The monument set shall be in accordance with the standards of the county surveyor of the county in which the corner is located. For the purposes of ORS 672.002 (Definitions for ORS 672.002 to 672.325) (9)(b), the county surveyor shall be the person in “responsible charge” and shall affix a seal and signature to any plat or report prepared.

(3) The county surveyor shall be responsible for the preparation and filing of the survey in accordance with ORS 209.250 (Survey by registered land surveyor) .

(4) The corner, when properly established by the commission, shall be recognized by the court as the legal and permanent corner. The decision of the commission is not subject to appeal.

(5) The costs for the services of the three commissioners shall be paid by either the plaintiff or the defendant, or both, as determined by the court. [1991 c.150 §2; 1997 c.210 §10; 2005 c.445 §11]

Source: Section 105.718 — Procedure for determining location of public land survey corner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 93.290 — OR Code / Title 10 / Chapter 93 / Section 93.290
93.290 Risk of loss after contract to sell realty has been executed
Status: in_force

Any contract made on or after August 3, 1955, in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:

(1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;

(2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [1955 c.144 §1]

Source: Section 93.290 — Risk of loss after contract to sell realty has been executed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 92.460 — OR Code / Title 10 / Chapter 92 / Section 92.460
92.460 Blanket encumbrance permitted only in certain circumstances
Status: in_force

(1) Subject to the provisions of ORS 92.425 (Conditions prerequisite to sale) , no lot, parcel or other interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer subject to a blanket encumbrance unless there exists in the blanket encumbrance or other supplementary agreement a provision which by its terms shall unconditionally provide that the purchaser or lessee of a lot, parcel or other interest can obtain legal title or other interest bargained for, free and clear of the blanket encumbrance, upon compliance with the terms and conditions of the purchase or lease.

(2) In lieu of the requirement of subsection (1) of this section, the subdivider, series partitioner or developer shall conform to any alternative requirement or method which the Real Estate Commissioner deems acceptable to carry into effect the intent and provisions of this section. [1977 c.809 §12; 1983 c.570 §24]

Source: Section 92.460 — Blanket encumbrance permitted only in certain circumstances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).
ORS § 97.370 — OR Code / Title 10 / Chapter 97 / Section 97.370
97.370 Fixing date of hearing
Status: in_force

When any application mentioned in ORS 97.360 (Resurvey and alteration in shape or size) (2) is filed, the court or board shall fix the time for the hearing of it and notice of the time thereof shall be given by publication in a paper of general circulation published in the town in which the cemetery is situated or in the town to which it is nearest once a week for a period of six successive weeks prior to the date of the hearing and a copy of such notice shall be posted for a like period at three public and conspicuous places in the cemetery. Such notice shall be addressed to all persons owning lots or having an interest in the cemetery, but need not name them, and shall set forth in a general way the proposed changes, the reason stated in the application for making it, the time when the hearing of the application will be had, and shall state that a plat showing the proposed changes is on file with the county clerk of the county in which the cemetery is situated.

Source: Section 97.370 — Fixing date of hearing; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.540 — OR Code / Title 10 / Chapter 97 / Section 97.540
97.540 Commission, bonus or rebate for recommendation of cemetery
Status: in_force

No person shall pay, cause to be paid or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, except as provided in ORS 97.530 (Commission, bonus or rebate for sale of plot or services) , any commission, bonus, rebate or other thing of value in consideration of recommending or causing a dead human body to be disposed of in any cemetery. Each violation of this section constitutes a separate offense.

Source: Section 97.540 — Commission, bonus or rebate for recommendation of cemetery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.416 — OR Code / Title 10 / Chapter 100 / Section 100.416
100.416 Criteria for board of directors membership
Status: in_force

(1) Each member of the board of directors of the association of unit owners must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a unit in the condominium.

(2) A director appointed by a declarant under ORS 100.200 (Declarant control of association) need not be an owner or co-owner of a unit in the condominium.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided in the bylaws, prior to election to the board of directors, an individual described in this subsection, upon request of the board, shall provide the board with documentation satisfactory to the board that the individual is qualified to represent the entity or is a trustee or is serving in a fiduciary capacity for the owner of a unit.

(b) If a corporation, limited liability company or partnership owns a unit in the condominium or owns an interest in an entity that owns a unit in the condominium, an officer, employee or agent of a corporation, a member, manager, employee or agent of a limited liability company, or a partner, employee or agent of a partnership may serve on the board of directors.

(c) A trustee may serve on the board of directors if the trustee holds legal title to a unit in the condominium in trust for the benefit of the owner of the beneficial interest in the unit.

(d) An executor, administrator, guardian, conservator, or other individual appointed by a court to serve in a fiduciary capacity for an owner of a unit, or an officer or employee of an entity if the person appointed is an entity, may serve on the board of directors.

(4) The position of an individual serving on the board of directors under subsection (3) of this section automatically becomes vacant if the individual no longer meets the requirements of subsection (3) of this section. [2009 c.641 §18]

Note: 100.416 (Criteria for board of directors membership) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.416 — Criteria for board of directors membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 94.709 — OR Code / Title 10 / Chapter 94 / Section 94.709
94.709 Liens against lots
Status: in_force

(1) Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The lien is prior to a homestead exemption and all other liens or encumbrances upon the lot except:

(a) Tax and assessment liens; and

(b) A first mortgage or trust deed of record.

(2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association’s lien. The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which a lot is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:

(a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;

(b) The name of the owner of the lot, or reputed owner, if known;

(c) The name of the association;

(d) The description of the lot as provided in ORS 93.600 (Description of real property for purposes of recordation) ; and

(e) A statement that if the owner of the lot thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.

(3) The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.

(4) Intentionally left blank —Ed.

(a) The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens) except, notwithstanding ORS 87.055 (Duration of lien) , a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.

(b) The lien may be enforced by the board of directors acting on behalf of the association.

(5) Unless the declaration or bylaws provide otherwise, fees, late charges, fines and interest imposed pursuant to ORS 94.630 (Powers of association) (1)(L), (n) and (o) are enforceable as assessments under this section.

(6) This section does not prohibit an association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.

(7) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien for unpaid assessments. A judgment entered on the action does not extinguish the lien. Payment of the judgment operates to satisfy the lien, or a portion of the lien, to the extent of the payment received. [1981 c.782 §44; 1999 c.677 §26; 2003 c.569 §17; 2017 c.110 §1]

Source: Section 94.709 — Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 94.531 — OR Code / Title 10 / Chapter 94 / Section 94.531
94.531 Severable development interest in real property
Status: in_force

(1) The governing body of a city or county is authorized to recognize a severable development interest in real property. The governing body of the city or county may establish a system for the purchase and sale of development interests. The interest transferred shall be known as a transferable development credit. A transferable development credit shall include the ability to establish in a location in the city or county a specified amount of residential or nonresidential development that is different from development types or exceeds development limitations provided in the applicable land use regulations for the location. All development authorized or approved using transferable development credits shall comply with the land use planning goals adopted under ORS 197.225 (Preparation) and the acknowledged comprehensive plan.

(2) The ability to develop land from which credits are transferred shall be reduced by the amount of the development credits transferred, and development on the land to which credits are transferred may be increased in accordance with a transfer system formally adopted by the governing body of the city or county.

(3) The holder of a recorded mortgage encumbering land from which credits are transferred shall be given prior written notice of the proposed conveyance by the record owner of the property and must consent to the conveyance before any development credits may be transferred from the property.

(4) A city or county with a transferable development credit system shall maintain a registry of all lots or parcels from which credits have been transferred, the lots or parcels to which credits have been transferred and the allowable development level for each lot or parcel following transfer.

(5) A city or county, or an elected official, appointed official, employee or agent of a city or county, shall not be found liable for damages resulting from any error made in:

(a) Allowing the use of a transferable development credit that complies with an adopted transferable development credit system and the acknowledged comprehensive plan; or

(b) Maintaining the registry required under subsection (4) of this section. [1999 c.573 §1]

Note: 94.531 (Severable development interest in real property) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 94 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 94.531 — Severable development interest in real property; transferable development credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 105.515 — OR Code / Title 10 / Chapter 105 / Section 105.515
105.515 Stay of issuance of warrant to abate
Status: in_force

At any time before an order to abate is made or a warrant to abate is issued, the defendant may, on motion to the court or judge thereof, have an order to stay the issuing of the warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance, upon giving an undertaking to the plaintiff in a sufficient amount, in the form of an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or a bond with one or more sureties, to the satisfaction of the court or judge thereof, that the defendant will abate the nuisance within the time and in the manner specified in the order. [Amended by 1991 c.331 §27; 1997 c.631 §401]

Source: Section 105.515 — Stay of issuance of warrant to abate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 105.112 — OR Code / Title 10 / Chapter 105 / Section 105.112
105.112 Action by tenant to recover personal property
Status: in_force

(1) A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter 90.

(2) An action under this section shall be governed by the provisions of ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) except that:

(a) The complaint shall be in substantially the following form and shall be available from the court clerk:

(Tenant), )

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

Defendant(s) (is) (are) in possession of the following personal property belonging to the plaintiff(s):

See attached list.

Defendant(s) took the personal property alleged in paragraph I from premises rented by plaintiff(s) from defendant(s) at:

______________(street and number)

______________(city)

______________(county)

Plaintiff(s) (is) (are) entitled to possession of the personal property because:

______ Defendant(s) took the personal property wrongfully because plaintiff(s) had not abandoned the property, and because either there was no court order awarding defendant(s) possession of the premises or the plaintiff(s) (was) (were) not continuously absent from the premises for seven days after such an order when defendant(s) removed the personal property.

______ Defendant(s) lawfully took possession of the personal property after enforcement of a court order for possession of the premises pursuant to ORS 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property) , but refused to return the personal property to plaintiff(s) without payment although plaintiff(s) demanded return of the property within the time provided by ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) .

______ Defendant(s) lawfully took possession of the personal property pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice) , but refused to return the personal property to plaintiff(s) although plaintiff(s) offered payment of all sums due for storage and any costs of removal of the personal property and demanded return of the property within the time provided by ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) .

______ Other: ______________

Wherefore, plaintiff(s) pray(s) for possession of the personal property and costs and disbursements incurred herein.

________ ______________

Date Signature of Plaintiff(s)

(b) The complaint shall be signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 or verified by an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(c) The answer shall be in substantially the following form and shall be available from the court clerk:

(Tenant), )

)

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

I (we) deny that the plaintiff(s) is (are) entitled to possession of the personal property subject of the complaint because:

______ The defendant(s) did not take and do not have possession of any of the property listed in the complaint.

______ The defendant(s) took possession of the personal property as provided in ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) after giving written notice that it was considered abandoned, and the plaintiff(s) did not make a timely demand for return of the property.

______ The defendant(s) took possession of the personal property as provided in ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) after giving written notice that it was considered abandoned, but not after a sheriff’s enforcement of an eviction judgment against the plaintiff(s) as provided in ORS 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property) , and the plaintiff(s) refused to pay charges lawfully due for storage.

______ Other: ______________

I (we) ask that the plaintiff(s) take nothing by the complaint and that I (we) be awarded my (our) costs and disbursements.

________ ______________

Date Signature of defendant(s)

(d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the personal property listed in the complaint.

(e) No claim for damages shall be asserted by either party in the action for possession of the personal property under this section, but each party may pursue any claim for damages in a separate action.

(f) A party may join an action for possession of personal property with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) .

(g) If the court determines that the plaintiff is entitled to possession of the personal property that is the subject of the complaint, the court shall enter an order directing the sheriff to seize the personal property to which the court finds the plaintiff entitled, and to deliver that property to the plaintiff. The court may provide that the defendant have a period of time to deliver the property to the plaintiff voluntarily before execution. The costs of execution may be recovered in the manner provided in ORS 18.999 (Recovery of amounts related to attempts to recover debt or enforce judgment) .

(h) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS 90.255 (Attorney fees) . [1989 c.506 §22; 1991 c.67 §21; 1997 c.577 §30; 2001 c.596 §46]

Source: Section 105.112 — Action by tenant to recover personal property; forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).
ORS § 94.639 — OR Code / Title 10 / Chapter 94 / Section 94.639
94.639 Criteria for board of directors membership
Status: in_force

(1) Each member of the board of directors must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a lot in the planned community.

(2) A director appointed by a declarant under ORS 94.600 (Declarant control of association) need not be an owner or co-owner of a lot in the planned community.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided in the bylaws, prior to election to the board of directors, an individual described in this subsection shall, upon request of the board, provide the board with documentation satisfactory to the board that the individual is qualified to represent the entity or is a trustee or is serving in a fiduciary capacity for the owner of a lot.

(b) If a corporation, limited liability company or partnership owns a lot in the planned community or owns an interest in an entity that owns a lot in the planned community, an officer, employee or agent of a corporation, a member, manager, employee or agent of a limited liability company, or a partner, employee or agent of a partnership may serve on the board of directors.

(c) A trustee may serve on the board of directors if the trustee holds legal title to a lot in the planned community for the benefit of the owner of the beneficial interest in the lot.

(d) An executor, administrator, guardian, conservator, or other individual appointed by a court to serve in a fiduciary capacity for an owner of a lot in the planned community, or an officer or employee of an entity if an entity is appointed, may serve on the board of directors.

(4) The position of an individual serving on the board of directors under subsection (3) of this section automatically becomes vacant if the individual no longer meets the requirements of subsection (3) of this section. [2009 c.641 §2]

Source: Section 94.639 — Criteria for board of directors membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors094.­html (accessed May 26, 2025).
ORS § 97.430 — OR Code / Title 10 / Chapter 97 / Section 97.430
97.430 Declaration of exercise of police power and right of eminent domain
Status: in_force

The enactment of ORS 97.360 (Resurvey and alteration in shape or size) (2) and 97.370 (Fixing date of hearing) to 97.430 (Declaration of exercise of police power and right of eminent domain) is hereby declared to be a necessary exercise of the police powers of the state in order to preserve and keep existing cemeteries as resting places for the dead and to preserve old and historic cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are located. The taking of avenues, streets, alleys, walks, driveways and parks for the purpose and by the method specified in ORS 97.360 (Resurvey and alteration in shape or size) (2) and 97.370 (Fixing date of hearing) to 97.420 (Effect of failure to object) is hereby declared an exercise of the right of eminent domain in behalf of the public health, safety, comfort, pleasure and historic instruction.

Source: Section 97.430 — Declaration of exercise of police power and right of eminent domain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 100.465 — OR Code / Title 10 / Chapter 100 / Section 100.465
100.465 Circumstances in which deed in lieu of foreclosure extinguishes lien
Status: in_force

Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of a first deed of trust in respect to a condominium unit shall have the effect of extinguishing a lien of the association securing unpaid assessments through the date of recording of the deed in lieu of foreclosure in the following circumstances:

(1) Written notice has been given to the association, addressed to the individual authorized to accept service of process sent by first class mail, return receipt requested, notifying the association of the mortgagee or beneficiary’s intent to accept a deed in lieu of foreclosure and stating that the lien of the association may be extinguished in the circumstances specified in this section; and

(2) The deed in lieu of foreclosure is recorded not later than 30 days after the date the notice is mailed to the association. [1989 c.595 §36; 2003 c.569 §36a]

Note: 100.465 (Circumstances in which deed in lieu of foreclosure extinguishes lien) and 100.470 (Lien foreclosure) were added to and made a part of ORS 100.005 (Definitions) to 100.910 (Use of fees) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.465 — Circumstances in which deed in lieu of foreclosure extinguishes lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.977 — OR Code / Title 10 / Chapter 93 / Section 93.977
93.977 URPTDA 17. Form of instrument revoking transfer on death deed
Status: in_force

ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) govern the effect of an instrument used to revoke a transfer on death deed. The following form may be used to create an instrument revoking a transfer on death deed:

This instrument revoking a transfer on death deed must be recorded before you die or it will not be effective. This instrument is effective only as to the interests in the property of the owner who signs this instrument.

Owner or Owners of Property Making This Instrument of Revocation:

Printed name: _________

Mailing address: _________

Printed name: _________

Mailing address: _________

Legal description of the property:

_______________

I hereby revoke all my previous transfers of this property by transfer on death deed.

After recording, the county clerk shall return the instrument to: _________

Signature: _________

Date: _________

Signature: _________

Date: _________

State of _________

County of _________

This instrument was acknowledged before me on ___ (date) by _________. (name(s) of person(s))

_______________

(Signature of notarial officer)

(Seal, if any)

_______________

Title (and Rank)

My commission expires: _________

[2011 c.212 §17]

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

Source: Section 93.977 — URPTDA 17. Form of instrument revoking transfer on death deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.540 — OR Code / Title 10 / Chapter 100 / Section 100.540
100.540 Use and maintenance of common elements
Status: in_force

(1) Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners.

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

(a) The responsibility for maintenance, repair and replacement of the common elements is the responsibility of the association of unit owners; and

(b) The cost of maintenance, repair and replacement is a common expense of the association.

(3) The necessary work of maintenance, repair and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.

(4) Intentionally left blank —Ed.

(a) Upon request given to the owner and any occupant, any person authorized by the association may enter a unit and any limited common element appertaining to a unit:

(A) As may be necessary for the maintenance, repair or replacement of the common elements or any unit for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or this chapter; or

(B) To make emergency repairs to the unit or common elements necessary for the public safety or to prevent damage to the common elements or to another unit.

(b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create any right of action in the owner of a unit. [Formerly 94.270; 2007 c.410 §16; 2009 c.641 §34]

Source: Section 100.540 — Use and maintenance of common elements; access for maintenance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 93.190 — OR Code / Title 10 / Chapter 93 / Section 93.190
93.190 Trustees or personal representatives as joint tenants
Status: in_force

(1) Every conveyance, deed of trust, mortgage or devise of an interest in or lien upon real or personal property to two or more persons as trustees or personal representatives, creates a joint tenancy in such interest or lien in the trustees or personal representatives unless it is expressly declared in the conveyance, deed of trust, mortgage or devise that the trustees or personal representatives shall take or hold the property as tenants in common or otherwise.

(2) If the conveyance, deed of trust, mortgage or devise provides for filling any vacancy in the office of trustee or personal representative, it may be filled as therein provided, but a court of competent jurisdiction may fill a vacancy in the trusteeship according to the established rules and principles of equity. In whichever way the vacancy is filled, the new trustee shall hold the property with all powers, rights and duties of an original trustee unless otherwise directed by conveyance, deed of trust, mortgage or devise, or order or judgment of the court. [Amended by 1969 c.591 §275; 2003 c.576 §353]

Source: Section 93.190 — Trustees or personal representatives as joint tenants; filling vacancies in office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 100.265 — OR Code / Title 10 / Chapter 100 / Section 100.265
100.265 Annual Report
Status: in_force

(1) Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association’s address in the current records of the agency. Failure of the association to receive the notice does not relieve the association of its duties under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1).

(2) After the report date, if no Annual Report has been delivered for filing, the Real Estate Agency shall send to the designated agent a notice of delinquency notifying the association that the filing shall be designated “delinquent” unless a report is filed within 45 days after the mailing of such notice.

(3) When an association has been given a notice of delinquency in accordance with subsection (2) of this section and failed to correct the delinquency within 45 days:

(a) The Real Estate Agency shall designate the filing “delinquent.”

(b) If within 30 days after written notice has been given to the association by the opposing party in any suit or action to which the association is a party, the association has not complied with the filing requirements of ORS 100.250 (Documents required to be filed with Real Estate Agency) (1), the association may not continue to prosecute or defend such suit or action until the filing is designated “current” as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) . A copy of such notice shall be delivered to the Real Estate Agency. The Real Estate Agency shall retain such copy with the filing for the association for a period of not less than 12 months. [1989 c.595 §41; 1995 c.31 §7; 2019 c.403 §2]

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

Source: Section 100.265 — Annual Report; notification; filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 100.025 — OR Code / Title 10 / Chapter 100 / Section 100.025
100.025 Rule against perpetuities
Status: in_force

The rule against perpetuities may not be applied to defeat any provisions of a declaration, supplemental declaration, bylaw or rule for a condominium adopted under ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations) . [Formerly 94.016]

Source: Section 100.025 — Rule against perpetuities; inapplicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html (accessed May 26, 2025).
ORS § 97.967 — OR Code / Title 10 / Chapter 97 / Section 97.967
97.967 Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person
Status: in_force

(1) A person authorized to make an anatomical gift under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) may be:

(a) Amended only if a majority of the reasonably available members agree to amendment of the gift; or

(b) Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift.

(3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a body part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation. [2007 c.681 §9]

Note: See note under 97.951 (Short title) .

Source: Section 97.967 — Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.360 — OR Code / Title 10 / Chapter 97 / Section 97.360
97.360 Resurvey and alteration in shape or size
Status: in_force

(1) Any part or subdivision of the property so mapped and platted may, by order of the directors and consent of the lot owners, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb any interred remains.

(2) Whenever a majority of the lots as platted or laid out in any cemetery established before March 3, 1927, or any part thereof, has been sold without the owners or persons in control of the cemetery having made provision for the establishment of an adequate endowment fund for the perpetual maintenance, upkeep and beautification of the cemetery and of the lots therein, the avenues, streets, alleys, walks, driveways and parks therein may be vacated or altered and replatted into lots which may be sold for burial purposes in the manner provided in this subsection and in ORS 97.370 (Fixing date of hearing) to 97.430 (Declaration of exercise of police power and right of eminent domain) . Application for the vacation or alteration of any avenues, streets, alleys, walks, driveways or parks, and for the replatting of the same, or any portion thereof, for cemetery lots in any such cemetery shall be made to the county court or board of county commissioners in the county where the cemetery is situated. The application may be by the owners or persons in control of the cemetery or by a group of 20 or more persons owning lots or having relatives buried therein. The application shall be verified and shall specify the lots owned by each petitioner in which are buried bodies of relatives in which the petitioner is interested and shall state the reason for the proposed change and what provisions have theretofore been made for the perpetual upkeep, maintenance and beautification of the cemetery, and there shall be presented therewith a plat of the cemetery, together with the proposed replat, which shall have clearly indicated thereon the proposed changes.

Source: Section 97.360 — Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.470 — OR Code / Title 10 / Chapter 93 / Section 93.470
93.470 Indorsement of certificate of proof
Status: in_force

Every officer who takes the proof of any conveyance shall indorse a certificate thereof, signed by the officer, on the conveyance. In the certificate the officer shall set forth those matters required by ORS 93.440 (Proof of execution by subscribing witness) to 93.460 (Subpoena to compel witness to testify to execution of deed) to be done, known or proved, together with the names of the witnesses examined before the officer, and their places of residence, and the substance of the evidence given by them.

Source: Section 93.470 — Indorsement of certificate of proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 97.600 — OR Code / Title 10 / Chapter 97 / Section 97.600
97.600 Descent of plot
Status: in_force

Upon the death of the owner, unless the owner has disposed of the plot either by specific direction in the will of the owner or by a written declaration filed and recorded in the office of the cemetery authority, if no interment has been made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner or if all remains previously interred are lawfully removed, the plot descends to the heirs at law of the owner, subject to the rights of interment of the decedent and the surviving spouse of the decedent.

Source: Section 97.600 — Descent of plot , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 97.843 — OR Code / Title 10 / Chapter 97 / Section 97.843
97.843 Endowment and special care funds are charitable
Status: in_force

The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. [Formerly 97.850]

Source: Section 97.843 — Endowment and special care funds are charitable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html (accessed May 26, 2025).
ORS § 93.460 — OR Code / Title 10 / Chapter 93 / Section 93.460
93.460 Subpoena to compel witness to testify to execution of deed
Status: in_force

Upon the application of any grantee, or any person claiming under the grantee, verified by the oath of the applicant setting forth that the grantor is dead, out of the state, or refuses to acknowledge the deed, and that any witness to the conveyance residing in the county where the application is made refuses to appear and testify touching its execution and that the conveyance cannot be proven without the evidence of the witness, any officer authorized to take the acknowledgment or proof of conveyances may issue a subpoena requiring the witness to appear and testify before the officer touching the execution of the conveyance. [Amended by 1981 c.11 §2]

Source: Section 93.460 — Subpoena to compel witness to testify to execution of deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).
ORS § 93.971 — OR Code / Title 10 / Chapter 93 / Section 93.971
93.971 URPTDA 14. Disclaimer
Status: in_force

A beneficiary may disclaim all or part of the beneficiary’s interest as provided by ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction) . [2011 c.212 §14]

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

Source: Section 93.971 — URPTDA 14. Disclaimer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html (accessed May 26, 2025).