reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.640 - Association board of directors; powers and duties; removal of director.

(1) The board of directors of an association may act on behalf of the association except as limited by the declaration and the bylaws. In the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377, whether or not the association is incorporated under ORS chapter 65.
(2) Subject to subsection (7) of this section, unless otherwise provided in the bylaws, the board of directors may fill vacancies in its membership for the unexpired portion of any term.
(3) At least annually, the board of directors of an association shall review the insurance coverage of the association.
(4) The board of directors of the association annually shall cause to be filed the necessary income tax returns for the association.
(5) The board of directors of the association may record a statement of association information as provided in ORS 94.667.
(6)(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the owners at which a quorum is present, the owners may remove a director from the board of directors, other than directors appointed by the declarant or individuals who are ex officio directors, with or without cause, by a majority vote of owners who are present and entitled to vote.
(b) Notwithstanding contrary provisions in the declaration or bylaws:
(A) Before a vote to remove a director, owners must give the director whose removal has been proposed an opportunity to be heard at the meeting.
(B) The owners must vote on the removal of each director whose removal is proposed as a separate question.
(C) Removal of a director by owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting if notice is required under ORS 94.650.
(c) A director who is removed by the owners remains a director until a successor is elected by the owners or the vacancy is filled as provided in subsection (7) of this section.
(7) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by owners, the owners shall fill a vacancy created by the removal of a director by the owners at a meeting of owners. The notice of the meeting must state that filling a vacancy is an item on the agenda.
(8) The board of directors, in the name of the association, shall maintain a current mailing address of the association.
(9) The board of directors shall cause the information required to enable the association to comply with ORS 94.670 (8) to be maintained and kept current. [1981 c.782 §38; 1983 c.206 §4; 1999 c.677 §15; 2001 c.756 §15; 2003 c.569 §12; 2009 c.641 §8; 2011 c.532 §3; 2021 c.40 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.641 - Assent of director to board action.

(1) A director of a homeowners association who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest.
(2) When action is taken on any matter at a meeting of the board of directors, the vote or abstention of each director present must be recorded in the minutes of the meeting.
(3) Directors may not vote by proxy or by secret ballot at meetings of the board of directors.
(4) Notwithstanding subsection (3) of this section, officers may be elected by secret ballot. [2007 c.409 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.642 - Receivership for failure of homeowners association to fill vacancies on board of directors.

(1) Subject to subsection (2) of this section, if a homeowners association fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, an owner or a first mortgagee may request the circuit court of the county in which the planned community is located to appoint a receiver to manage the affairs of the association.
(2) At least 45 days before an owner or first mortgagee requests the circuit court to appoint a receiver under subsection (1) of this section, the owner or first mortgagee shall mail, by certified or registered mail, a notice to the association and shall post a copy of the notice at a conspicuous place or places on the property or provide notice by a method otherwise reasonably calculated to inform owners of the proposed action.
(3) The notice shall be signed by the owner or first mortgagee and include:
(a) A description of the intended action.
(b) A statement that the intended action is pursuant to this section.
(c) The date, not less than 30 days after mailing of the notice, by which the association must fill vacancies on the board sufficient to constitute a quorum.
(d) A statement that if the association fails to fill vacancies on the board by the specified date, the owner or first mortgagee may file a petition with the court under subsection (1) of this section.
(e) A statement that if a receiver is appointed, all expenses of the receivership will be common expenses of the association as provided in subsection (4) of this section.
(4) If a receiver is appointed, the salary of the receiver, court costs, attorney fees and all other expenses of the receivership shall be common expenses of the association.
(5) A receiver appointed under this section has all of the powers and duties of a duly constituted board of directors and shall serve until a sufficient number of vacancies on the board are filled to constitute a quorum.
(6) If at a turnover meeting held in accordance with ORS 94.616 the owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors, in addition to the notice requirements specified in subsections (2) and (3) of this section, an owner shall give the notice to all other owners as provided in the bylaws.
(7) Notwithstanding subsections (2) and (3) of this section, in the case of an emergency, the court may waive the notice requirements of subsections (2) and (3) of this section. [2007 c.409 §2; 2017 c.358 §50]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.645 - Adoption of annual budget.

(1) The board of directors at least annually shall adopt a budget for the planned community.
(2) The budget shall include moneys to be allocated to the reserve account under ORS 94.595.
(3) Within 30 days after adopting the annual budget for the planned community, the board of directors shall provide a summary of the budget to all owners.
(4) If the board fails to adopt a budget, the last adopted annual budget shall continue in effect. [1981 c.782 §39; 1999 c.677 §16; 2007 c.409 §8a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.650 - Meetings of lot owners; notice.

(1) The homeowners association shall conduct at least one meeting of the owners each calendar year.
(2)(a) Special meetings of the association may be called by the president of the board of directors, by a majority of the board of directors or by the president or secretary upon receipt of a written request of a percentage of owners specified in the bylaws of the association. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the votes of the planned community for the purpose of calling a meeting.
(b) If the bylaws do not specify a percentage of owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the owners make the request in writing. Notice of the special meeting must be given as specified in this section.
(c) Business transacted at a special meeting must be confined to the purposes stated in the notice.
(3) If the owners request a special meeting under subsection (2) of this section and the notice is not given within 30 days after the date the written request is delivered to the president or the secretary, an owner who signed the request may set the date, time and place of the meeting and give notice as provided in subsection (4) of this section.
(4) Not less than 10 or more than 50 days before any meeting called under this section, the secretary or other officer specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each owner, or to the mailing address designated in writing by the owner, and to all mortgagees that have requested the notice.
(5) The notice of a meeting must state the date, time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or, if the officer is elected by the owners, to remove an officer.
(6) Mortgagees may designate a representative to attend a meeting called under this section.
(7) A meeting of owners under this section, including special meetings, may be conducted as an electronic meeting if the electronic meeting:
(a) Allows all owners participating to hear each other simultaneously and to be able to communicate during the meeting.
(b) Provides for the verification that a person participating is an owner or is otherwise authorized to participate in the meeting.
(c) Provides for owners to have access to material necessary to participate or vote during or before the meeting.
(8) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1981 c.782 §40; 1999 c.677 §17; 2001 c.756 §17; 2007 c.409 §10; 2021 c.40 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.652 - Electronic notice to owner or director.

(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or ORS 94.550 to 94.783, in the discretion of the board of directors of the homeowners association, any notice, information or other written material required to be given to an owner or director under the declaration or bylaws or ORS 94.550 to 94.783, that otherwise complies with the requirements of ORS 94.550 to 94.783, may be given by electronic mail, facsimile or other form of electronic communication.
(2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of:
(a) Failure to pay an assessment;
(b) Foreclosure of an association lien under ORS 94.709; or
(c) An action the association may take against an owner.
(3) An owner or director may decline to receive or to continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or ORS 94.550 to 94.783.
(4) Notice by electronic communication under this section is considered delivered and effective when it:
(a) Is initiated to an address, location or system designated by the recipient for that purpose; or
(b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 §4; 2021 c.40 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.655 - Quorum for association meetings.

(1) Unless the declaration or bylaws of a homeowners association specify a greater percentage, a quorum for any meeting of the association consists of the number of persons who are entitled to cast 20 percent of the votes in a planned community.
(2) If any meeting of the association cannot be organized because of a lack of a quorum, the owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.
(3) Except as provided in subsection (4) of this section, the quorum for a meeting following a meeting adjourned for lack of a quorum is the greater of:
(a) One-half of the quorum required in the declaration or bylaws; or
(b) The number of persons who are entitled to cast 20 percent of the votes in the planned community.
(4) A quorum is not reduced under subsection (3) of this section unless:
(a) The meeting is adjourned to a date that is at least 48 hours from the time the original meeting was called; or
(b) The meeting notice specifies:
(A) That the quorum requirement will be reduced if the meeting cannot be organized because of a lack of a quorum; and
(B) The reduced quorum requirement.
(5) For the purpose of establishing a quorum under this section, an individual who holds a proxy and an absentee ballot, if absentee ballots are permitted, counts as a present owner. [1981 c.782 §41; 1999 c.677 §18; 2007 c.409 §11; 2009 c.641 §9; 2011 c.532 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.657 - Rules of order.

(1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association.
(2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied.
(3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. [2001 c.756 §4; 2009 c.641 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.658 - Voting or granting consent.

(1) Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote.
(2) Unless the declaration or bylaws provide otherwise:
(a) An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a lot owned or held in a fiduciary capacity if the fiduciary satisfies the secretary of the board of directors that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the lot in a fiduciary capacity.
(b) When a lot is owned by two or more persons jointly, according to the records of the association:
(A) Except as provided in this paragraph, the vote of the lot may be exercised by a co-owner in the absence of protest by another co-owner. If the co-owners cannot agree upon the vote, the vote of the lot shall be disregarded completely in determining the proportion of votes given with respect to such matter.
(B) A valid court order may establish the right of co-owners’ authority to vote. [2001 c.756 §2; 2007 c.409 §12; 2009 c.641 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.660 - Method of voting or consenting.

(1) The vote or consent of a lot may be cast or given:
(a) In person at a meeting of the homeowners association.
(b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section.
(c) Unless the declaration or bylaws or ORS 94.550 to 94.783 provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section.
(d) By written ballot in lieu of a meeting under ORS 94.647.
(e) By any other method specified by the declaration or bylaws or ORS 94.550 to 94.783.
(2)(a) A proxy:
(A) Must be dated and signed by the owner;
(B) Is not valid if it is undated or purports to be revocable without notice; and
(C) Terminates one year after its date unless the proxy specifies a shorter term.
(b) The board of directors may not require that a proxy be on a form prescribed by the board.
(c) An owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 94.647.
(d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid.
(3)(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.
(b) All solicitations for votes by absentee ballot shall include:
(A) Instructions for delivery of the completed absentee ballot, including the delivery location; and
(B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions.
(c) An absentee ballot shall be counted as an owner present for the purpose of establishing a quorum.
(d) Even if an absentee ballot has been delivered to an owner, the owner may vote in person at a meeting if the owner has:
(A) Returned the absentee ballot; and
(B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection. [1981 c.782 §42; 1999 c.677 §19; 2003 c.569 §14; 2007 c.409 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.661 - Electronic ballot.

(1) As used in this section, "electronic ballot" means a ballot given by:
(a) Electronic mail;
(b) Facsimile transmission;
(c) Posting on a website; or
(d) Other means of electronic communication acceptable to the board of directors.
(2) Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of a homeowners association, in its discretion, may provide that a vote, approval or consent of an owner may be given by electronic ballot.
(3) An electronic ballot shall comply with the requirements of this section and the declaration or bylaws or ORS 94.550 to 94.783.
(4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 94.652.
(5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each owner and shall contain instructions on obtaining access to the posting on the website.
(6) A vote made by electronic ballot is effective when it is electronically transmitted to an address, location or system designated by the board of directors for that purpose.
(7) Unless otherwise provided in the declaration or bylaws or rules adopted by the board of directors, a vote by electronic ballot may not be revoked.
(8) The board of directors may not elect to use electronic ballots unless there are procedures to ensure:
(a) Compliance with ORS 94.647 if the vote conducted by written ballot under ORS 94.647 uses the procedures specified in ORS 94.647 (2)(b); and
(b) That the electronic ballot is secret, if the declaration or bylaws or rules adopted by the board require that electronic ballots be secret. [2007 c.409 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 094 - Real Property Development › Section 94.662 - Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.

(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 94.630 (1)(e)(E), the homeowners association shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum:
(a) Be mailed to the mailing address of each lot or to the mailing address designated in writing to the association by the owner;
(b) Inform each owner of the general nature of the litigation or proceeding;
(c) Describe the specific nature of the damages to be sought on the owner’s behalf;
(d) Set forth the terms under which the association is willing to seek damages on the owner’s behalf, including any mechanism proposed for the determination and distribution of any damages recovered;
(e) Inform each owner of the owner’s right not to have the damages sought on the owner’s behalf and specify the procedure for exercising the right; and
(f) Inform the owner that exercising the owner’s right not to have damages sought on the owner’s behalf:
(A) Relieves the association of its duty to reimburse or indemnify the owner for the damages;
(B) Does not relieve the owner from the owner’s obligation to pay dues or assessments relating to the litigation or proceeding;
(C) Does not impair any easement owned or possessed by the association; and
(D) Does not interfere with the association’s right to make repairs to common areas.
(2) Within 10 days of mailing the notice described in this section, any owner may request in writing that the association not seek damages on the owner’s behalf. If an owner makes such a request, the association shall not make or continue any claim or action for damages with regard to the objecting owner’s lot and shall be relieved of any duty to reimburse or indemnify the owner for damages under the litigation or proceeding. [1999 c.677 §37; 2001 c.756 §18]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]