reglab/housing_qa huggingface dataset:
OR Rev Stat § 94.667 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.667 - Recording association information with county clerk.

(1) As used in this section, "association" means an association formed under ORS 94.625, 94.846 or 100.405, or any other association in which a person holds membership by virtue of owning or possessing a real estate interest subject to assessment and lien authority pursuant to a recorded instrument. (2) The board of directors or managing agent of an association may record with the county clerk for the county where the subject property is located a statement of association information. Subject to subsection (3) of this section, the statement shall contain at least the following information: (a) The name of the association as identified in the recorded declaration, conditions, covenants and restrictions or other governing instrument, and the current name of the association, if different; (b) The name, address and daytime telephone number of a managing agent or treasurer of the association or other person authorized to receive: (A) Assessments and fees imposed by the association; or (B) Notice of a transfer of property; (c) A list of the properties, as described for recordation in ORS 93.600, subject to assessment by the association; (d) Information identifying the recorded declaration, conditions, covenants and restrictions or other governing instrument, and a reference to where the instruments are recorded; and (e) If an amended statement is being recorded, information identifying prior recorded statements. (3) The statement may not include information for a purpose that is not related to the identification of the person specified in subsection (2)(b) of this section. (4) The county clerk may charge a fee for recording a statement under this section according to the provisions of ORS 205.320 (1)(d). [1999 c.447 §1; 2001 c.756 §19; 2015 c.27 §7] Note: 94.667 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.
OR Rev Stat § 94.671 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.671 - Application of ORS 94.670 (5).

The requirements of ORS 94.670 (5) first apply: (1) Commencing with the fiscal year following the turnover meeting required by ORS 94.616 for the association of a planned community created under ORS 94.550 to 94.783. (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. [2003 c.803 §24; 2009 c.641 §38; 2015 c.27 §8; 2017 c.423 §14]
OR Rev Stat § 94.673 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.673 - When compliance with specified provisions of ORS 94.640 and 94.670 required.

(1) The homeowners association of a subdivision that received preliminary plat approval before July 1, 1982, shall comply with the provisions of ORS 94.640 (1), (3), (4) and (8), 94.644 and 94.670 if: (a) An owner submits a written request to the homeowners association to comply with the provisions; (b) The subdivision otherwise conforms to the description of a planned community under ORS 94.550; and (c) The subdivision is not otherwise exempted under ORS 94.570. (2) A homeowners association board of directors is not subject to ORS 94.780 unless the association fails to comply with subsection (1) of this section after receiving a written request from an owner. [1983 c.206 §6; 2001 c.756 §59; 2011 c.532 §18; 2021 c.40 §14]
OR Rev Stat § 94.677 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.677 - Election to have ORS 94.645, 94.655 and 94.675 apply.

Unless contrary to the covenants, conditions or restrictions of a recorded declaration or other similar instrument, or the bylaws of the association adopted in accordance with documents governing the association, the homeowners association board of directors of a subdivision described in ORS 94.673 (1) may elect to be governed by ORS 94.645, 94.655 and 94.675, without further action by the association. [1983 c.206 §7]
OR Rev Stat § 94.680 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.680 - Blanket all-risk insurance.

(1) If a declaration or bylaws provide that the homeowners association has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or whether a unit must be repaired or reconstructed, the board of directors shall obtain blanket all-risk insurance for the full replacement cost of all structures in the planned community. Cost of the coverage shall be a common expense to the association. (2) If the declaration or bylaws contain a provision described in subsection (1) of this section, the declaration or bylaws also shall provide: (a) Requirements of or limitations on repairing or reconstructing damaged or destroyed property; (b) The time within which the repair or reconstruction must begin; and (c) The actions the board of directors must take if: (A) Damage or destruction is not repaired or replaced; or (B) Insurance proceeds exceed or fall short of the costs of repair or reconstruction. [1981 c.782 §52; 1999 c.677 §22; 2007 c.409 §15]
OR Rev Stat § 94.685 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.685 - Specification of insurance for individual lots.

(1) Unless provided in the declaration, the bylaws shall specify: (a) The insurance an owner must obtain, if any; (b) The insurance, if any, an individual owner is precluded from obtaining; (c) The responsibility for payment of the amount of the deductible in an association insurance policy; and (d) Whether or not the insurance coverage obtained and maintained by the board of directors may be brought into contribution with insurance bought by owners or their mortgagees. (2) The declaration or bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [1981 c.782 §54; 1999 c.677 §23; 2007 c.409 §16]
OR Rev Stat § 94.690 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.690 - Terms of insurance under ORS 94.680.

The board of directors of a homeowners association shall obtain, if reasonably available, terms in insurance policies under ORS 94.680 which provide a waiver of subrogation by the insurer as to any claims against the board of directors of the association, any owner or any guest of an owner. [1981 c.782 §56; 1999 c.677 §24]
OR Rev Stat § 94.695 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.695 - Authority to delegate association powers to master association.

A declaration for a planned community may delegate any of the powers of the homeowners association under ORS 94.630 to a master association or provide that the master association may exercise any such power. [1981 c.782 §62]
OR Rev Stat § 94.700 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.700 - Duration and termination of initial management agreements and service and employment contracts; exceptions.

(1) Except as provided in subsection (2) of this section, if entered into prior to the meeting called under ORS 94.609, no management agreement, service contract or employment contract which is directly made by or on behalf of the association, the board of directors or the owners as a group shall be in excess of three years. (2)(a) Subject to paragraph (b) of this subsection, the limitations under subsection (1) of this section do not apply to: (A) Performance-based energy or water efficiency contracts; or (B) Contracts relating to renewable energy facilities or output serving the planned community, including facilities leased to the association. (b) A contract described in paragraph (a) of this subsection: (A) May not have an initial term of more than 20 years; and (B) Must be recorded with the recording officer in each county in which the planned community is located. (c) As used in this subsection, "renewable energy facilities" means facilities generating electricity, heat or cooling by means of: (A) Solar, wind, ocean, hydropower, biomass or geothermal resources; or (B) Biofuels or hydrogen derived from renewable resources. (3) Any contract or agreement subject to subsection (1) of this section and entered into after July 1, 1982, may terminate without penalty to the declarant, the association or the board of directors elected under ORS 94.616 if the board of directors gives not less than 30 days written notice of termination to the other party not later than 60 days after the meeting called under ORS 94.609. [1981 c.782 §69; 2009 c.641 §14]
OR Rev Stat § 94.712 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.712 - Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations.

(1) Except as provided in subsection (4) of this section, an owner is personally liable for all assessments imposed on the owner or assessed against the owner’s lot by the homeowners association. (2)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a lot, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the lot to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee therefor. (b) Upon request of an owner or owner’s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the lot effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement. (3) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance: (a) May rely on a written statement of unpaid assessments delivered pursuant to subsection (2) of this section; and (b) Is not liable for a failure to pay the association at closing any amount in excess of the amount set forth in the written statement. (4) During the redemption period that follows an execution sale conducted under ORS 18.860 to 18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period. (5) For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 §32; 2003 c.569 §18; 2015 c.120 §5]
OR Rev Stat § 94.716 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.716 - Lien against two or more lots; release.

If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner’s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner’s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 §45]
OR Rev Stat § 94.719 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.719 - Lien foreclosure; other legal action by declarant, association or owner; attorney fees.

In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 §33; 2001 c.756 §23; 2007 c.409 §17]
OR Rev Stat § 94.723 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.723 - Common expenses; liability of first mortgagee.

If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 §46; 1999 c.677 §27]
OR Rev Stat § 94.728 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.728 - Taxation of lots and common property.

(1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed. (2) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots. (3) The declarant alone is liable for payment of taxes or assessments on any portion of the common property of a planned community in which the declarant has reserved the right to develop the property into additional lots, until the right terminates or expires, or is exercised, abandoned or relinquished. (4) If the right described under subsection (3) of this section terminates or expires or is abandoned or relinquished before July 1 of any year, no tax or assessment shall be imposed against the portion of the common property so affected for the next tax year beginning on July 1. [1981 c.782 §34]
OR Rev Stat § 94.733 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.733 - Easements held by owner of lot and by declarant; homeowners association access to lots.

(1) Subject to ORS 94.665, each owner of a lot has an easement through the common property: (a) For access to the owner’s lot; and (b) For use of the common property consistent with the declaration and the bylaws. (2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant’s obligations or exercising any special declarant right. (3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner’s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community. (4)(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot: (A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 to 94.783; or (B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot. (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 a right of action in the owner of the lot. [1981 c.782 §33; 2009 c.641 §16]
OR Rev Stat § 94.760 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.760 - Promotional material showing possible improvements.

If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled "POSSIBLE Improvement." [1981 c.782 §79]
OR Rev Stat § 94.761 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.761 - Legislative findings regarding electric vehicle charging stations.

(1) The Legislative Assembly finds and declares that: (a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner’s personal residential use. (b) Oregon courts have identified the following factors in determining whether personal property is a fixture: (A) Whether the personal property is physically annexed to the real property; (B) Whether the personal property is specifically adapted to the property; and (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached. (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors. (2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 §2]
OR Rev Stat § 94.763 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.763 - Association use of pesticides on lots; notice to owners; owner opt out.

(1) As used in this section, "pesticide" has the meaning given that term in ORS 634.006. (2) A homeowners association must provide, upon an owner’s request, notice to the owner of: (a) The dates and times that the association plans to apply a pesticide to the owner’s property; and (b) The means by which the owner may exclude the owner’s property from the application of the pesticide under subsection (3) of this section. (3) An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner’s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health. (4) An owner’s exclusion from the application of a pesticide under subsection (3) of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community. (5) A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 §2] Note: Section 3, chapter 64, Oregon Laws 2021, provides: Sec. 3. Section 2 of this 2021 Act [94.763] applies to governing documents executed before, on or after the effective date of this 2021 Act [January 1, 2022]. [2021 c.64 §3]
OR Rev Stat § 94.764 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.764 - Changes or actions that require approval or consent of mortgagee.

(1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request. (2) The request must: (a) Be in writing. (b) Name the mortgagor. (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address. (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage. (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 §6]
OR Rev Stat § 94.770 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.770 - Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65.

(1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630. (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 94.550 to 94.783. (3) Title to a unit, lot and common property shall not be rendered unmarketable or otherwise affected by reason of a failure of the declarant or the declaration to comply with ORS 94.550 to 94.783. (4) If the provisions of ORS 94.550 to 94.783 and the provisions of ORS chapter 65 apply to an association and the provisions conflict, the provisions of ORS 94.550 to 94.783 control. [1981 c.782 §86; 1999 c.677 §69; 2003 c.569 §19]