reglab/housing_qa huggingface dataset:
OR Rev Stat § 94.775 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.775 - Judicial partition of lots.

(1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless: (a) The declaration expressly allows the division of lots in a planned community; or (b) The lot may be divided under ORS 94.776. (2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245. (3) The restriction specified in subsection (1) of this section does not apply if the homeowners association has removed the property from the provisions of the declaration. [1981 c.782 §87; 2003 c.569 §20; 2021 c.103 §5]
OR Rev Stat § 94.776 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.776 - Development and division of lots; allocations for newly created lots.

(1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing that is otherwise allowable under the maximum density of the zoning for the land. (2) Lots or parcels resulting from the division of land in a planned community are subject to the governing documents of the planned community and are allocated assessments and voting rights on the same basis as existing units. [2019 c.639 §12; 2021 c.103 §4]
OR Rev Stat § 94.777 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.777 - Compliance with bylaws and other restrictions required; effect of noncompliance.

Each 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 lot. Failure to comply therewith shall be grounds for an action maintainable by the homeowners association or by an aggrieved owner. [1999 c.677 §36]
OR Rev Stat § 94.778 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.778 - Prohibition against installation of solar panels void and unenforceable.

(1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon. (2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS 93.272 for removal of a provision from an instrument conveying or contracting to convey real property. (3) A homeowners association may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements for the installation or use of solar panels described in subsection (1) of this section. [2017 c.282 §2]
OR Rev Stat § 94.780 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.780 - Remedies.

(1) Failure of the declarant, association, any association member or any other person subject to ORS 94.550 to 94.783 to comply with applicable sections of ORS 94.550 to 94.783 is cause for suit or action to remedy the violation or to recover actual damages. The prevailing party is entitled to reasonable attorney fees and court costs. (2) Failure of an association to accept administrative responsibility under ORS 94.616 is a defense for the declarant against an action brought under this section. (3) A suit or action arising under this section must be commenced within one year after the discovery or identification of the alleged violation. [1981 c.782 §83; 1999 c.677 §67; 2021 c.40 §15]
OR Rev Stat § 94.783 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.783 - When certain administrative provisions apply.

If a subdivision received preliminary plat approval before July 1, 1982, but the subdivision plat or the plat of the first phase is not filed under ORS 92.120 before January 1, 1984, the provisions of ORS 94.595, 94.604, 94.609, 94.616, 94.700, 94.760 and 94.780 shall apply to the planned community. [1983 c.206 §8; 1999 c.677 §68]
OR Rev Stat § 94.785 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.785 - Short title.

ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act. [1981 c.782 §1]
OR Rev Stat § 94.806 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.806 - Legislative finding.

The Legislative Assembly finds and declares that there is a need to: (1) Protect timeshare purchasers by requiring full and adequate disclosure of all pertinent facts about the timeshare plan; and (2) Provide reasonable regulation of the timeshare industry while encouraging the growth and development of the industry in Oregon. [1983 c.530 §1]
OR Rev Stat § 94.808 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.808 - Managing entity as taxpayer.

(1) For the purposes of ad valorem taxation, the managing entity responsible for managing the timeshare plan shall be considered the taxpayer, as agent for the owners of the timeshare property. (2) All of the timeshare property within each timeshare plan shall be listed on the assessment roll by code area and account number as a single entry stating as one value the real market value and assessed value of the land and improvements, except that recreational facilities shall be separately valued and taxed to the owner thereof, as provided in subsection (1) of this section. (3) All rights and privileges afforded property owners by Oregon law as to appealing assessments shall apply only to the managing entity, as agent for the owners of the timeshare property. (4) The managing entity, as agent of the timeshare owners, shall remit the taxes assessed on the timeshare property. [1987 c.424 §2; 1991 c.459 §337]
OR Rev Stat § 94.809 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.809 - Valuation of timeshare property; exclusions from value.

(1) The real market value of timeshare property shall not include any nonreal property components of timeshares, which nonreal property components include, without limitation, tangible personal property, exchange rights, club memberships, vacation convenience services such as hotel-type services and the management structure of the timeshare plan, and that portion of the legal, accounting, promotion and marketing costs in developing and selling the timeshares allocable to the nonreal property components. The real market value of timeshare property shall not be based upon the aggregate sales prices of timeshares, if such sales prices include nonreal property components. (2) The real market value of timeshare property, other than the recreational facilities, shall be determined by taking the value of each individual living unit as if such living unit were owned by a single taxpayer, without having been timeshared, and adjusting such value by an amount necessary to reflect any increase or decrease in such value attributable to the fact that such timeshare property is marketed in increments of time. There shall be a rebuttable presumption that the value of such timeshare property is increased by 20 percent of its value under single ownership by virtue of being marketed in increments of time. If the managing entity or assessor contends that the adjustment due to such ability to market in increments of time is less than or greater than an increase of 20 percent of the single ownership value, then the burden of establishing such adjustment shall be upon the party so contending. [1987 c.424 §3; 1991 c.459 §338]
OR Rev Stat § 94.811 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.811 - When owners of planned community, condominium or subdivision may prohibit timeshare plan.

(1) The unit owners in a condominium subject to the Oregon Condominium Act and the owners in a planned community subject to the Oregon Planned Community Act may amend the declaration for the condominium or planned community to prohibit the creation of a timeshare plan involving any portion of the property of the condominium or planned community. Any amendment to a condominium declaration must comply with ORS 100.135 and any amendment to a planned community declaration must comply with ORS 94.590. (2) The owners of land in a subdivision may amend the recorded declaration, bylaws or other governing document for the subdivision to prohibit the creation of a timeshare plan involving any portion of the property within the subdivision. The amendment must be approved by not less than 75 percent of the owners or by any larger percentage specified for the amendment in the recorded declaration, bylaws or other governing document for the subdivision. As used in this subsection, "subdivision" means a subdivision as defined by ORS 92.010, that: (a) Was approved and for which a plat was recorded under ORS 92.120 before July 28, 1983; (b) At the time of the subdivision’s creation, would have met the definition of a planned community under ORS 94.550; and (c) Is not, because of the time of its creation, a planned community subject to the Oregon Planned Community Act. (3) The declaration for a condominium subject to the Oregon Condominium Act and created after July 28, 1983, and the declaration for a planned community, subject to the Oregon Planned Community Act and created after July 28, 1983, may include a provision prohibiting the creation of a timeshare plan involving any portion of the property of the condominium or planned community. [1983 c.530 §4; 1999 c.677 §29]
OR Rev Stat § 94.813 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.813 - Character of timeshare estates.

(1) Except as expressly modified by ORS 92.325, 92.425, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490, a timeshare estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years if a leasehold. A timeshare license is an estate for years having the character and incidents of such an estate at common law. (2) A document transferring or encumbering a timeshare may not be rejected for recordation because of the nature or duration of the interest. (3) Neither a timeshare plan nor a timeshare, subject to regulation under ORS 94.803 and 94.807 to 94.945 is a "security," as defined in ORS 59.015. [1983 c.530 §§4a,5; 1985 c.349 §29; 1987 c.603 §25]
OR Rev Stat § 94.818 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.818 - Recording of timeshare instrument; payments required.

(1) To submit property located within this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall record a timeshare instrument in the office of the recording officer of every county in which the timeshare property is located. To submit property located outside this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall satisfy the requirements of ORS 94.885 for the recording of a notice of timeshare plan. The timeshare instrument shall comply with ORS 94.821 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of a deed. (2) If the developer is not the fee owner of the property, the fee owner and the vendor under any contract of sale and the lessor under any lease shall also execute the timeshare instrument for the purpose of consenting to the property being submitted to the provisions of ORS 94.803 and 94.807 to 94.945. (3) No timeshare instrument shall be recorded unless all taxes, penalties, special assessments, fees and charges that would be required to be paid for subdivisions or partitions under ORS 92.095 have been paid in the same manner as provided in ORS 92.095. [1983 c.530 §7; 1993 c.19 §2]
OR Rev Stat § 94.821 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.821 - Content of timeshare instrument.

A timeshare instrument shall include: (1) A legal description of the timeshare property; (2) The name or other identification of the project; (3) Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare; (4) Identification of the accommodations; (5) The method for determining the owner’s liability for common expenses and real property taxes; (6) The method for notice and appeal of property tax values; (7) If additional accommodations may become part of the timeshare property or existing accommodations may be deleted from the timeshare property, the method for adding them to or deleting them from the property and the formula for allocation and reallocation of the liabilities for common expenses and of voting rights; (8) Any restrictions on the use, occupancy or alteration of a timeshare accommodation and any specified procedure or method for amending existing rules or adopting additional rules and regulations; (9) Any restriction on the alienation of a timeshare; (10) The ownership interest of the owner in personal property and provisions for care and replacement of personal property; (11) If the instrument creates timeshare licenses, the period the accommodations affected are committed to timeshare licenses and provisions for disposition of those accommodations at the end of the period, if the period is not infinite; (12) Any requirement for or restriction on amending the timeshare instrument; (13) The nature and duration of the owner’s rights in the timeshare plan, the circumstances under which the timeshare plan could be terminated and the procedure for terminating the timeshare plan; (14) A description of the form of conveyance or other instrument used by the developer to transfer a timeshare to a purchaser; (15) The identity of any person that has the power to grant an easement in the timeshare property or otherwise affect the title to the timeshare property; (16) How and by whom the timeshare plan will be managed, including but not limited to provisions for selecting a replacement or successor managing entity and provisions for continuity of management throughout the duration of the timeshare plan; (17) A description of the voting rights of a timeshare owner and the developer and other participation rights, if any, of a timeshare owner and the method for determining and allocating the voting rights; and (18) Provisions for notifying a timeshare owner of any authorized change in the owner’s voting or participation rights. [1983 c.530 §8; 1987 c.424 §4]
OR Rev Stat § 94.823 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.823 - Notice of intent to sell timeshares; form and content; rules.

A developer shall submit a notice to the Real Estate Commissioner informing the commissioner of the developer’s intent to sell timeshares in Oregon. The form and content of the notice shall be established by rule by the commissioner, but shall include at least: (1) The name and business and residence addresses of: (a) The developer; (b) The developer’s agent; (c) The designated managing entity; and (d) Any person selling the timeshare plan within Oregon. (2) An explanation of the timeshare form of ownership to be offered under the timeshare plan. (3) A general description of the timeshare plan, including the number of timeshares to be offered under the timeshare plan and the number and description of the accommodations and facilities. (4) A complete description, including a copy of all necessary implementing documents, of the methods to be used by the developer to comply with the requirements of ORS 92.325, 92.425, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490. (5) A title report for the real property underlying the timeshare plan, acceptable to the commissioner and including a statement of any lien, defect, judgment or other encumbrance affecting title to the property. (6) A copy of any judgment against the developer or managing entity, the status of any pending suit that is material to the timeshare plan to which the developer or managing entity is a party and the status of any other suit that is material to the timeshare plan of which the developer has actual knowledge. (7) A description of any insurance coverage provided for the benefit of a purchaser or a statement that no insurance coverage is provided. (8) The name and address of the accommodations and facilities and the schedule for completing any improvements not complete at the time of filing. (9) The financial obligation of a purchaser, excluding the initial purchase price and including: (a) Additional charges and common expenses to which the purchaser may be subject, whether or not in the form of an assessment; and (b) An estimated operating budget and schedule of estimated common expenses. (10) A copy of the timeshare instrument or notice of timeshare plan as required under ORS 94.818. (11) A copy of any contract, lease or timeshare agreement to be signed by the purchaser. (12) A copy of the rules, limitations or conditions on the use of accommodations or facilities available to purchasers. (13) Any restriction on the transfer of any timeshare. (14) If any portion of the timeshare property is located outside the state, proof that the developer has recorded the notice of timeshare plan as required under ORS 94.833 (1). (15) Any other information the commissioner may determine is necessary. [1983 c.530 §19; 2003 c.14 §37]
OR Rev Stat § 94.826 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.826 - Information on exchange program; content; rules.

(1) A developer offering an exchange program to a purchaser in conjunction with a timeshare plan shall provide written information to the purchaser about the exchange program. (2) The exchange program information to be provided to the purchaser shall be established by rule by the Real Estate Commissioner and shall include at least: (a) The name and address of the exchange company; (b) Whether or not the purchaser’s participation in the exchange program is dependent upon the timeshare plan’s continued affiliation with the exchange program; (c) Whether or not the purchaser’s participation in the exchange program is voluntary; (d) A complete and accurate description of the terms and conditions of the purchaser’s contractual relationship with the exchange program, and the procedure for modifying the exchange program contract; (e) The procedure to qualify for and effectuate an exchange; (f) A description of any limitation, restriction or priority system employed in the operation of the exchange program; (g) The circumstances under which a purchaser may lose the use and occupancy of the purchaser’s accommodation in any properly applied for exchange through the exchange program; (h) Any fee for participation in the exchange program; and (i) Any other information material to the exchange program which, by omission, tends to make the information otherwise disclosed misleading. (3) The exchange program information shall be in addition to the information found in the public report required under ORS 94.828 (1), (2) and (4) and must be provided to the purchaser before a contract may be executed between the purchaser and the company offering the exchange program. (4) An exchange company offering an exchange program to purchasers in Oregon shall file the information required in subsection (2) of this section annually with the commissioner. (5) Only a timeshare owner and a developer may participate in an exchange program. [1983 c.530 §21; 2017 c.354 §3]
OR Rev Stat § 94.828 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.828 - Public report on plan.

(1) After the Real Estate Commissioner receives a completed notice under ORS 94.823 the commissioner shall prepare a public report on the timeshare plan. In lieu of preparing a report, the commissioner may accept a report prepared by the developer and issue the report with any changes the commissioner considers necessary. (2) Whether or not the commissioner issues a public report on a timeshare plan the developer shall report to the commissioner any material change in the timeshare plan or in the marketing program for the timeshare plan within 10 days after the change occurs. (3) The commissioner may examine a timeshare plan subject to ORS 94.803 and 94.807 to 94.945 to be offered for sale and make a public report of the findings. If a timeshare plan is located within this state and no report is made within 45 days after the commissioner receives a completed timeshare filing, the report shall be considered waived. (4) As used in this section, "material change" includes, but is not limited to: (a) The addition or deletion of a timeshare accommodation or facility. (b) A change in the method of marketing or conveyancing the timeshare plan. (c) A change in the purchase money handling procedure previously approved by the commissioner, including but not limited to: (A) A change in the escrow depository; or (B) A change in or creation of an encumbrance affecting more than one timeshare. (d) A change in the developer or, if the developer is an entity, a change in the name, form of organization or status of the developer. (e) A revision of the timeshare plan’s annual budget that will require a regular annual assessment against the owners that is more than 25 percent greater than the regular annual assessment indicated in the current public report for the timeshare plan. (f) Any legal or physical condition rendering a timeshare accommodation or facility unusable by an owner. [1983 c.530 §§20,39]