reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.973 - URPTDA 15. Liability for creditor claims and statutory allowances.

(1) A transferor’s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy:
(a) A claim allowed or established by summary determination or separate action under ORS 114.505 to 114.560 or under ORS chapter 115 against the probate estate; or
(b) A statutory allowance to a surviving spouse or child under ORS 114.015.
(2) If the same transferor transfers multiple properties by one or more transfer on death deeds, the liability under this section is apportioned among the transferred properties in proportion to the net value of each transferred property at the transferor’s death.
(3) A proceeding must be commenced not later than 18 months after the transferor’s death to enforce the liability under this section. [2011 c.212 §15]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.975 - URPTDA 16. Form of transfer on death deed.

ORS 93.948 to 93.979 govern the effect of an instrument used to create a transfer on death deed. The following form may be used to create a transfer on death deed:
______________________________________________________________________________
TRANSFER ON DEATH DEED
NOTICE TO OWNER
You should carefully read all information on this form.
You may want to consult a lawyer before using this form.
This form must be recorded before your death or it will not be effective.
TAX STATEMENT
Until a change is requested, the county clerk shall send tax statements to the following address: _______________
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
Printed name: _________
Mailing address: _________
Printed name: _________
Mailing address: _________
Legal description of the property:
PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me:
Printed name: _________
Mailing address, if available:
ALTERNATE BENEFICIARY
If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me:
Printed name: _________
Mailing address, if available:
TRANSFER ON DEATH
At my death, I transfer my interest in the described property to the beneficiaries as designated above.
Before my death, I have the right to revoke this deed.
SPECIAL TERMS
RETURN OF DEED
After recording, the county clerk shall return the deed to: _______________
SIGNATURE OF OWNER OR OWNERS
MAKING THIS DEED
Signature: _________
Date: _________
Signature: _________
Date: _________
State of _________
County of _________
This instrument was acknowledged before me on ___ (date) by _________. (name(s) of person(s))
Title (and Rank)
My commission expires: _________
______________________________________________________________________________ [2011 c.212 §16]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.977 - URPTDA 17. Form of instrument revoking transfer on death deed.

ORS 93.948 to 93.979 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:
______________________________________________________________________________
INSTRUMENT REVOKING
TRANSFER ON DEATH DEED
NOTICE TO OWNER
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.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Instrument of Revocation:
Printed name: _________
Mailing address: _________
Printed name: _________
Mailing address: _________
Legal description of the property:
REVOCATION
I hereby revoke all my previous transfers of this property by transfer on death deed.
RETURN OF INSTRUMENT
After recording, the county clerk shall return the instrument to: _________
SIGNATURE OF OWNER OR OWNERS
MAKING THIS DEED
Signature: _________
Date: _________
Signature: _________
Date: _________
State of _________
County of _________
This instrument was acknowledged before me on ___ (date) by _________. (name(s) of person(s))
Title (and Rank)
My commission expires: _________
______________________________________________________________________________ [2011 c.212 §17]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.979 - Relation to Electronic Signatures in Global and National Commerce Act.

ORS 93.948 to 93.979 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b). [2011 c.212 §18]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.981 - Effect of divorce or annulment on transfer on death deed.

Unless a transfer on death deed provided for under ORS 93.948 to 93.979 evidences a different intent of the transferor, the divorce or annulment of the marriage of the transferor after the recording of the transfer on death deed revokes all provisions in the transfer on death deed in favor of the former spouse of the transferor and the effect of the transfer on death deed is the same as though the former spouse did not survive the transferor. [2011 c.212 §19]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.985 - Forfeiture of transfer by parent who deserted or neglected transferor.

(1) A petition may be filed in probate proceedings to assert that the interest in property, as defined in ORS 93.949, transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS 93.983. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.
(2) A petition under this section must be filed not later than:
(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or
(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:
(A) Four months after the date of publication of notice to interested persons; or
(B) If notice to interested persons was not published, one year after the decedent’s date of death.
(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:
(a) If the petitioner is a child or sibling of the transferor, a preponderance of evidence; or
(b) If the petitioner is not a child or sibling of the transferor, clear and convincing evidence. [2011 c.212 §21; 2019 c.461 §7; 2023 c.18 §3]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.990 - Penalties.

(1) The giving of a false statement of the true and actual consideration as required by ORS 93.030 is a Class A violation.
(2) Any person served with the subpoena mentioned in ORS 93.460 who, without reasonable cause, refuses or neglects to appear, or appearing refuses to answer upon oath touching the matter mentioned in ORS 93.460 shall forfeit to the injured party $100. The person may also be committed to prison as for a contempt by the officer who issued the subpoena until the person submits to answer on oath as aforesaid.
(3) Violation of ORS 93.635 is a Class D violation. [Subsection (1) enacted as 1967 c.462 §2; subsection (3) enacted as 1975 c.618 §4; 1977 c.724 §2; 1999 c.1051 §149]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.029

[Formerly 91.509; 1983 c.530 §49; 1983 c.615 §1; 1987 c.459 §8; 1989 c.595 §7; renumbered 100.105 in 1989]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.036

[Formerly 91.512; 1983 c.615 §2; 1983 c.740 §7a; 1987 c.459 §9; renumbered 100.110 in 1989]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.042

[Formerly 91.515; 1983 c.309 §8; 1985 c.582 §2; 1987 c.459 §10; 1989 c.595 §8; renumbered 100.115 in 1989]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.047

[Formerly 91.518; 1983 c.309 §8a; 1987 c.459 §11; 1989 c.595 §9; renumbered 100.120 in 1989]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.078

[1981 c.647 §25; 1983 c.206 §1; 1983 c.530 §50; 1987 c.459 §13; 1989 c.595 §10; renumbered 100.200 in 1989]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.504 - Development agreements; contents; duration; effect on affordable housing covenants.

(1) A city or county may enter into a development agreement as provided in ORS 94.504 to 94.528 with any person having a legal or equitable interest in real property for the development of that property.
(2) A development agreement shall specify:
(a) The duration of the agreement;
(b) The permitted uses of the property;
(c) The density or intensity of use;
(d) The maximum height and size of proposed structures;
(e) Provisions for reservation or dedication of land for public purposes;
(f) A schedule of fees and charges;
(g) A schedule and procedure for compliance review;
(h) Responsibility for providing infrastructure and services;
(i) The effect on the agreement when changes in regional policy or federal or state law or rules render compliance with the agreement impossible, unlawful or inconsistent with such laws, rules or policy;
(j) Remedies available to the parties upon a breach of the agreement;
(k) The extent to which the agreement is assignable; and
(L) The effect on the applicability or implementation of the agreement when a city annexes all or part of the property subject to a development agreement.
(3) A development agreement shall set forth all future discretionary approvals required for the development specified in the agreement and shall specify the conditions, terms, restrictions and requirements for those discretionary approvals.
(4) A development agreement shall also provide that construction shall be commenced within a specified period of time and that the entire project or any phase of the project be completed by a specified time.
(5) A development agreement shall contain a provision that makes all city or county obligations to expend moneys under the development agreement contingent upon future appropriations as part of the local budget process. The development agreement shall further provide that nothing in the agreement requires a city or county to appropriate any such moneys.
(6) A development agreement must state the assumptions underlying the agreement that relate to the ability of the city or county to serve the development. The development agreement must also specify the procedures to be followed when there is a change in circumstances that affects compliance with the agreement.
(7) A development agreement is binding upon a city or county pursuant to its terms and for the duration specified in the agreement.
(8) The maximum duration of a development agreement entered into with:
(a) A city is 15 years; and
(b) A county is seven years.
(9) ORS 94.504 to 94.528 do not limit the authority of a city or county to take action pursuant to ORS 456.270 to 456.295. [1993 c.780 §1; 2005 c.315 §1; 2007 c.691 §7]
Note:
94.504 to 94.528 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.508 - Approval by governing body; findings; adoption.

(1) A development agreement shall not be approved by the governing body of a city or county unless the governing body finds that the agreement is consistent with local regulations then in place for the city or county.
(2) The governing body of a city or county shall approve a development agreement or amend a development agreement by adoption of an ordinance declaring approval or setting forth the amendments to the agreement. Notwithstanding ORS 197.015 (10)(b), the approval or amendment of a development agreement is a land use decision under ORS chapters 197 and 197A. [1993 c.780 §2; 2005 c.22 §74; 2007 c.354 §27]
Note:
See note under 94.504.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.513 - Procedures on consideration and approval.

(1) A city or county may, by ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the owner of property on which development is sought or another person having a legal or equitable interest in that property.
(2) Approval of a development agreement requires compliance with local regulations and the approval of the city or county governing body after notice and hearing. The notice of the hearing shall, in addition to any other requirements, state the time and place of the public hearing and contain a brief statement of the major terms of the proposed development agreement, including a description of the area within the city or county that will be affected by the proposed development agreement. [1993 c.780 §3]
Note:
See note under 94.504.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.518 - Application of local government law and policies to agreement.

Unless otherwise provided by the development agreement, the comprehensive plan, zoning ordinances and other rules and policies of the jurisdiction governing permitted uses of land, density and design applicable to the development of the property subject to a development agreement shall be the comprehensive plan and those ordinances, rules and policies of the jurisdiction in effect at the time of approval of the development agreement. [1993 c.780 §4]
Note:
See note under 94.504.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.522 - Amendment or cancellation of agreement; enforceability.

(1) A development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest. The governing body of a city or county shall amend or cancel a development agreement by adoption of an ordinance declaring cancellation of the agreement or setting forth the amendments to the agreement.
(2) Until a development agreement is canceled under this section, the terms of the development agreement are enforceable by any party to the agreement. [1993 c.780 §5]
Note:
See note under 94.504.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.528 - Recording.

Not later than 10 days after the execution of a development agreement under ORS 94.504 to 94.528, the governing body of the city or county shall cause the development agreement to be presented for recording in the office of the county clerk of the county in which the property subject to the agreement is situated. In addition to other provisions required by ORS 94.504 to 94.528, the development agreement shall contain a legal description of the property subject to the agreement. [1993 c.780 §6]
Note:
See note under 94.504.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.531 - Severable development interest in real property; transferable development credit.

(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 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 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.534 - Policy on transferable development credit systems.

(1) The Legislative Assembly finds that:
(a) Working farms and forests make vital contributions to Oregon by:
(A) Providing jobs, timber, agricultural products, tax base and other social and economic benefits;
(B) Helping to maintain soil, air and water resources;
(C) Reducing levels of carbon dioxide in the atmosphere; and
(D) Providing habitat for wildlife and aquatic life.
(b) Natural resources, scenic and historic areas and open spaces promote a sustainable and healthy environment and natural landscape that contributes to the livability of Oregon.
(c) Population growth, escalating land values, increasing risks due to wildfire and invasive species and changes in land ownership and management objectives, with a resulting increase in conflict caused between resource uses and dispersed residential development, require that new methods be developed to facilitate the continued management of private lands zoned for farm use, forest use and mixed farm and forest use for the purposes of:
(A) Agricultural production and timber harvest; and
(B) Preservation of natural resources, scenic and historic areas and open spaces for future generations.
(2) The Legislative Assembly declares that transferable development credit systems:
(a) Complement the statewide land use planning system in Oregon and encourage effective local implementation of the statewide land use planning goals.
(b) Provide incentives for private landowners, local, regional, state and federal governments and other entities to permanently protect farm land and forestland, including a land base for working farms, ranches, forests and woodlots, significant natural resources, scenic and historic areas and open spaces.
(c) Benefit rural land owners, including owners of working farms, ranches, forests and woodlots, that voluntarily provide stewardship of natural resources on private lands.
(d) Provide voluntary and effective methods to help improve the livability of urban areas and to mitigate and adapt to global climate change. [2009 c.504 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.536 - Definitions for ORS 94.536 and 94.538.

As used in this section and ORS 94.538:
(1) "Conservation easement" has the meaning given that term in ORS 271.715.
(2) "Governmental unit" means a city, county, metropolitan service district or state agency as defined in ORS 171.133.
(3) "Holder" has the meaning given that term in ORS 271.715.
(4) "Lot" has the meaning given that term in ORS 92.010.
(5) "Parcel" has the meaning given that term in ORS 92.010.
(6) "Receiving area" means a designated area of land to which a holder of development credits generated from a sending area may transfer the development credits and in which additional uses or development, not otherwise allowed, are allowed by reason of the transfer.
(7) "Resource land" means:
(a) Lands outside an urban growth boundary planned and zoned for farm use, forest use or mixed farm and forest use.
(b) Lands inside or outside urban growth boundaries identified:
(A) In an acknowledged local or regional government inventory as containing significant wetland, riparian, wildlife habitat, historic, scenic or open space resources; or
(B) As containing important natural resources, estuaries, coastal shorelands, beaches and dunes or other resources described in the statewide land use planning goals.
(c) "Conservation Opportunity Areas" identified in the "Oregon Conservation Strategy" adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.
(8) "Sending area" means a designated area of resource land from which development credits generated from forgone development are transferable, for uses or development not otherwise allowed, to a receiving area.
(9) "Tract" has the meaning given that term in ORS 215.010.
(10) "Transferable development credit" means a severable development interest in real property that can be transferred from a lot, parcel or tract in a sending area to a lot, parcel or tract in a receiving area.
(11) "Transferable development credit system" means a land use planning tool that allows the record owner of a lot, parcel or tract of resource land in a sending area to voluntarily sever and sell development interests from the lot, parcel or tract for purchase and use by a potential developer to develop a lot, parcel or tract in a receiving area at a higher intensity than otherwise allowed.
(12) "Urban growth boundary" has the meaning given that term in ORS 197.015.
(13) "Urban reserve" has the meaning given that term in ORS 197A.230. [2009 c.504 §2; 2010 c.5 §1; 2023 c.13 §72]
Note:
See note under 94.534.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.560 - Legislative findings.

The Legislative Assembly finds that:
(1) In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter 100) does not apply.
(2) These homeowners associations have established a pattern of ownership in which ownership of a single unit makes the owner automatically a member of a homeowners association with responsibilities for management and maintenance.
(3) Many of these homeowners associations as associations and their members as individuals have experienced problems from the lack of statutory provisions. These problems which have arisen are usually the result of inexperience with this kind of ownership. This inexperience often leads to difficulties for the association when it assumes responsibility for the administration of the planned development because usually neither the developer who drafted the documents nor the local jurisdiction which may have reviewed them has realized the long term management implications of the restrictions imposed by the documents. The most serious and frequent error is imposing excessive voting requirements for any changes in the documents, a basic error that makes it and other errors unnecessarily difficult, if not impossible, to correct. Of almost equal importance is the lack of disclosure of significant differences this pattern of ownership imposes on the homeowner and the restrictions on choice that must be accepted.
(4) Oregon land conservation policies and the increasing cost of land will result in rapid growth of this kind of homeownership pattern.
(5) It is a matter of statewide concern that the Legislative Assembly address problems associated with homeowners associations in order to make this kind of homeownership pattern an acceptable choice and in order to assure proper maintenance of the projects so that the investment of the owners and the appearance of Oregon communities are protected.
(6) It is essential that the Legislative Assembly establish basic statutory requirements for disclosure to first and subsequent buyers, for the organization of the homeowners association, and for a process by which administrative responsibility for the planned community is transferred from the developer to the association of individual owners.
(7) ORS 94.550 to 94.783 are intended to make developers, their legal counsel and homeowners in Oregon homeowners associations the beneficiaries of experience accumulated under Oregon’s condominium law and gathered from members of existing Oregon homeowners associations and associations in parts of the country where the record of experience is longer than that in Oregon. [1981 c.782 §3a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.565 - Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.

(1) Except as provided in ORS 94.570, a person may not create a planned community in this state except as provided in ORS 94.550 to 94.783.
(2) A person may not convey any lot or unit in a planned community until the planned community is created by the recording of the declaration for the planned community with the county recording officer of each county in which the planned community is located. [1981 c.782 §5; 1999 c.677 §2; 2001 c.756 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.570 - Applicability of ORS 94.550 to 94.783.

(1) ORS 94.550 to 94.783 apply to a planned community created before January 1, 2002, under ORS 94.550 to 94.783 and to a Class I planned community created on or after January 1, 2002.
(2) ORS 94.550 to 94.783, except for ORS 94.595 and 94.604, apply to a Class II planned community created on or after January 1, 2002.
(3) Notwithstanding any other provision of ORS 94.550 to 94.783, ORS 94.550 to 94.783 apply to a Class III planned community or a planned community that is exclusively commercial or industrial and that is created on or after January 1, 2002, if the declaration of the planned community so provides.
(4) Nothing in ORS 94.550 to 94.783 prohibits the establishment of a condominium subject to ORS chapter 100 or a timeshare plan subject to ORS 94.803 to 94.945 within a planned community. [1981 c.782 §6; 1983 c.530 §52; 1985 c.76 §3; 1999 c.677 §3; 2001 c.756 §7; 2003 c.569 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.572 - Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.

(1) A Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 to 94.783 is subject to this section and ORS 94.550, 94.573, 94.574, 94.576, 94.577, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777, 94.779 and 94.780 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.
(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. [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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.575 - Applicability of subdivision law.

ORS 92.010 to 92.192 apply to a planned community established under ORS 94.550 to 94.783. [1981 c.782 §4; 2021 c.97 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.576 - Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783.

(1)(a) The owners in a Class I or Class II planned community that is subject to the statutory provisions listed in ORS 94.572 (1) may elect to be subject to any other provisions of ORS 94.550 to 94.783 upon compliance with the applicable procedures prescribed in ORS 94.572, 94.573 or 94.574.
(b) If the owners in a Class I or Class II planned community elect to be subject to additional provisions of ORS 94.550 to 94.783, the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section. This paragraph does not apply if a statement of the election was included in the notice of planned community required or permitted under ORS 94.574.
(2)(a) The owners in a Class III planned community created before January 1, 2002, may elect to be subject to provisions of ORS 94.550 to 94.783 upon compliance with the applicable procedures in ORS 94.572, 94.573 or 94.574.
(b) If the owners in a Class III planned community elect to be subject to provisions of ORS 94.550 to 94.783, the board of directors of the association shall cause a notice of planned community to be prepared, executed and recorded in accordance with subsection (3) of this section.
(3)(a) The notice of planned community required or permitted by ORS 94.574 must be:
(A) Titled "Notice of Planned Community under ORS 94.574";
(B) Executed by the president and secretary of the association; and
(C) Recorded in the office of the recording officer of every county in which the property is located.
(b) The notice of planned community shall include:
(A) The name of the planned community and association as identified in the recorded declaration and any covenants, conditions and restrictions or other governing document, and, if different, the current name of the association;
(B) A list of the properties, described as required for recordation in ORS 93.600, within the jurisdiction of the association;
(C) Information identifying the recorded declaration and any covenants, conditions and restrictions or other governing documents, and a reference to the recording index numbers and date of recording of the governing documents;
(D) A statement that the property described in accordance with subparagraph (B) of this paragraph is subject to specific provisions of the Oregon Planned Community Act;
(E) A reference to the specific provisions of the Oregon Planned Community Act that apply to the subject property and a reference to the subsection of this section under which the application is made; and
(F) If an association is formed under ORS 94.574, a statement to that effect.
(4) The board of directors of an association not otherwise required to cause a notice of planned community to be prepared and recorded under ORS 94.574 may cause a notice of planned community to be prepared, executed and recorded as provided in subsection (3) of this section. [2017 c.423 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.577 - Recording amended governing documents; marketability of title unaffected by noncompliance.

(1) An amended governing document must include a reference to the recording index numbers and the date of recording of prior governing documents.
(2) The county clerk may charge a fee for recording a governing document or an amendment to a governing document under ORS 94.572, 94.573, 94.574 or 94.576 according to the provisions of ORS 205.320 (1)(d).
(3) Title to a unit, lot or common property in a Class I or Class II planned community created before January 1, 2002, may not be rendered unmarketable or otherwise affected by a failure of the planned community to be in compliance with a requirement of this section or ORS 94.572, 94.573, 94.574 or 94.576. [2017 c.423 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.585 - Authority to amend declaration and initial bylaws to comply with federal or state laws.

A declarant may amend the declaration or initial bylaws in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a planned community or lots in a planned community. However, if the need to amend the declaration or the initial bylaws occurs after the turnover to the homeowners association has occurred, the amendment must be approved by the association in accordance with the approval provisions of the declaration or bylaws. [1981 c.782 §19; 1991 c.67 §18; 1999 c.677 §6; 2007 c.71 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.600 - Declarant control of association.

(1) Subject to ORS 94.604 to 94.621, a declaration may reserve special declarant rights including, without limitation, the right to a period of declarant control that may be of limited or unlimited duration. A formal or written proxy or power of attorney is not required from an owner to vest the declarant with such authority.
(2) A declarant may voluntarily relinquish any rights reserved in the declaration under subsection (1) of this section.
(3) Upon the expiration of any period of declarant control reserved in the declaration under subsection (1) of this section, the rights automatically shall pass to the lot owners, including the declarant if the declarant owns a lot in the planned community.
(4) A declarant may not amend a declaration to increase the scope of special declarant rights reserved in the declaration after the sale of the first lot in the planned community unless owners representing 75 percent of the total vote, other than the declarant, agree to the amendment. [1981 c.782 §11; 1999 c.677 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.604 - Transitional advisory committee.

(1) As provided in this section, the declarant or the owners of a planned community that contains at least 20 lots in either the initial development or with the annexation of additional property shall form a transitional advisory committee to provide for the transition from administrative responsibility by the declarant of the planned community under ORS 94.600 to administrative responsibility by the association. The declarant shall call a meeting of owners for the purpose of selecting a transitional advisory committee not later than the 60th day after the date the declarant conveys 50 percent or more of the lots then existing in the planned community to owners other than a successor declarant.
(2) The transitional advisory committee shall consist of three or more members. The owners, other than the declarant, shall select two or more members. The declarant may select no more than one member. The committee shall have reasonable access to all information and documents which the declarant is required to turn over to the association under ORS 94.616.
(3) An owner may call a meeting of owners to select the transitional advisory committee if the declarant fails to do so under subsection (1) of this section.
(4) Notwithstanding subsection (1) of this section, if the owners do not select members for the transitional advisory committee under subsection (2) of this section, the declarant shall have no further obligation to form the committee.
(5) The requirement for a transitional advisory committee shall not apply once the turnover meeting called under ORS 94.609 has been held. [1981 c.782 §64; 1999 c.677 §9; 2003 c.569 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.609 - Notice of meeting to turn over administrative responsibility.

(1) At the time specified in the declaration, but not later than 90 days after expiration of any period of declarant control reserved under ORS 94.600, or 90 days after conveying 10 lots in the planned community if there is not a period of declarant control, the declarant shall call a meeting for the purpose of turning over administrative responsibility for the planned community to the homeowners association.
(2) The declarant shall give notice of the meeting to each owner as provided in the bylaws.
(3) If the declarant does not call a meeting under this section within the required time, the transitional advisory committee formed under ORS 94.604 or any owner may call a meeting and give notice as required in this section. [1981 c.782 §65; 1999 c.677 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.621 - Rights of declarant following turnover meeting.

If a declarant has not completed development of lots or common property in a planned community at the time of the meeting called under ORS 94.609, the declarant may continue to hold the special declarant rights, other than a right of declarant control, reserved under the declaration. [1981 c.782 §68; 1999 c.677 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.622 - Obligations and liabilities arising from transfer of special declarant rights.

(1) As used in this section, "affiliate" means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant.
(2) A person controls or is controlled by a transferor or successor declarant if the person:
(a) Is a general partner, officer, director or employee;
(b) Directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;
(c) Controls in any manner the election of a majority of the members of the board of directors; or
(d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.
(3) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:
(a) A transferor is not relieved of any obligation or liability arising before the transfer. Lack of privity does not deprive any owner of standing to bring an action to enforce any obligation of the transferor.
(b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of ORS 94.550 to 94.783 or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.
(c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.
(4) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:
(a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.
(b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall comply with any provisions of the declaration and bylaws that pertain to such successor declarant’s ownership of the lot or lots and the exercise of any special declarant right. [1999 c.677 §34; 2011 c.532 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.626 - Corporate dissolution of association.

(1) If a homeowners association is at any time dissolved, whether inadvertently or deliberately:
(a) The association automatically continues as an unincorporated association under the same name.
(b) The unincorporated association:
(A) Has all the property, powers and obligations of the incorporated association existing immediately prior to dissolution;
(B) Shall be governed by the bylaws and, to the extent applicable, the articles of incorporation of the incorporated association; and
(C) Shall be served by the members of the board of directors and the officers who served immediately prior to dissolution.
(2) A separate association is not created when an association is reinstated after administrative dissolution under ORS 65.654 or again incorporated following dissolution. The association automatically continues without any further action by incorporators, directors or officers that may otherwise be required under ORS chapter 65.
(3)(a) The association described in subsection (2) of this section has all the property, powers and obligations of the unincorporated association that existed immediately prior to incorporation or reinstatement.
(b) The bylaws in effect immediately prior to incorporation or reinstatement constitute the bylaws of the incorporated association.
(c) The members of the board of directors and the officers continue to serve as directors and officers.
(4) The provisions of this section apply notwithstanding any provision of a governing document of a planned community that appears to be contrary. [2009 c.641 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.639 - Criteria for board of directors membership.

(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 need not be an owner or co-owner of a lot in the planned community.
(3)(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]