2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 94

• 94.004 [Formerly 91.500; 1983 c.530 48; 1987 c.459 1; 1989 c.595 1; renumbered 100.005 in 1989]
• 94.005 [Repealed by 1971 c.478 1]
• 94.010 [Repealed by 1971 c.478 1]
• 94.011 [Formerly 91.503; renumbered 100.010 in 1989]
• 94.013 [1987 c.459 6; 1989 c.595 2; renumbered 100.020 in 1989]
• 94.015 [Repealed by 1971 c.478 1]
• 94.016 [1987 c.459 39; renumbered 100.025 in 1989]
• 94.017 [Formerly 91.504; 1987 c.459 37; 1989 c.595 3; renumbered 100.185 in 1989]
• 94.020 [Repealed by 1971 c.478 1]
• 94.021 [1987 c.459 3; 1989 c.595 4; renumbered 100.150 in 1989]
• 94.022 [1987 c.459 4; 1989 c.595 5; renumbered 100.155 in 1989]
• 94.023 [Formerly 91.506; 1987 c.459 7; 1989 c.595 6; renumbered 100.100 in 1989]
• 94.025 [Repealed by 1971 c.478 1]
• 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]
• 94.030 [Repealed by 1971 c.478 1]
• 94.035 [Repealed by 1971 c.478 1]
• 94.036 [Formerly 91.512; 1983 c.615 2; 1983 c.740 7a; 1987 c.459 9; renumbered 100.110 in 1989]
• 94.040 [Repealed by 1971 c.478 1]
• 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]
• 94.045 [Repealed by 1971 c.478 1]
• 94.047 [Formerly 91.518; 1983 c.309 8a; 1987 c.459 11; 1989 c.595 9; renumbered 100.120 in 1989]
• 94.048 [1987 c.459 3a; renumbered 100.125 in 1989]
• 94.050 [Repealed by 1971 c.478 1]
• 94.053 [Formerly 91.519; 1983 c.309 8b; renumbered 100.130 in 1989]
• 94.055 [Repealed by 1971 c.478 1]
• 94.059 [Formerly 91.521; 1983 c.615 3; 1987 c.459 12; renumbered 100.135 in 1989]
• 94.060 [Repealed by 1971 c.478 1]
• 94.065 [Repealed by 1971 c.478 1]
• 94.066 [1981 c.647 30; renumbered 100.170 in 1989]
• 94.070 [Repealed by 1971 c.478 1]
• 94.072 [1981 c.647 33; renumbered 100.175 in 1989]
• 94.075 [Repealed by 1971 c.478 1]
• 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]
• 94.080 [Repealed by 1971 c.478 1]
• 94.084 [1981 c.647 26; 1987 c.459 14; renumbered 100.205 in 1989]
• 94.085 [Repealed by 1971 c.478 1]
• 94.090 [Repealed by 1971 c.478 1]
• 94.091 [1981 c.647 27; 1983 c.206 2; 1987 c.459 15; renumbered 100.210 in 1989]
• 94.095 [Repealed by 1971 c.478 1]
• 94.097 [1981 c.647 29; 1989 c.595 11; renumbered 100.220 in 1989]
• 94.100 [Repealed by 1971 c.478 1]
• 94.103 [1981 c.647 28; 1989 c.595 12; renumbered 100.225 in 1989]
• 94.105 [Repealed by 1971 c.478 1]
• 94.109 [Formerly 91.523; renumbered 100.300 in 1989]
• 94.110 [Repealed by 1971 c.478 1]
• 94.115 [Repealed by 1971 c.478 1]
• 94.116 [Formerly 91.524; renumbered 100.305 in 1989]
• 94.120 [Repealed by 1971 c.478 1]
• 94.122 [Formerly 91.526; 1989 c.595 13; renumbered 100.310 in 1989]
• 94.125 [Repealed by 1971 c.478 1]
• 94.128 [1981 c.886 5; 1989 c.595 14; renumbered 100.315 in 1989]
• 94.130 [Repealed by 1971 c.478 1]
• 94.134 [1981 c.886 6; 1989 c.595 15; renumbered 100.320 in 1989]
• 94.135 [Repealed by 1971 c.478 1]
• 94.140 [Repealed by 1971 c.478 1]
• 94.145 [Repealed by 1971 c.478 1]
• 94.146 [Formerly 91.527; 1989 c.595 16; renumbered 100.405 in 1989]
• 94.150 [Repealed by 1971 c.478 1]
• 94.152 [Formerly 91.531; 1983 c.615 4; 1987 c.459 16; 1989 c.595 48; renumbered 100.410 in 1989]
• 94.155 [Repealed by 1971 c.478 1]
• 94.158 [Formerly 91.533; 1987 c.459 17; 1989 c.595 17; renumbered 100.415 in 1989]
• 94.160 [Repealed by 1971 c.478 1]
• 94.164 [Formerly 91.534; renumbered 100.420 in 1989]
• 94.165 [Repealed by 1971 c.478 1]
• 94.170 [Repealed by 1971 c.478 1]
• 94.171 [Formerly 91.536; 1987 c.459 18; renumbered 100.430 in 1989]
• 94.175 [Repealed by 1971 c.478 1]
• 94.177 [1981 c.647 32; renumbered 100.435 in 1989]
• 94.180 [Repealed by 1971 c.478 1]
• 94.185 [Formerly 91.539; 1989 c.595 18; renumbered 100.440 in 1989]
• 94.190 [Formerly 91.542; renumbered 100.445 in 1989]
• 94.195 [Formerly 91.546; 1983 c.530 51; 1989 c.595 19; renumbered 100.450 in 1989]
• 94.202 [Formerly 91.548; 1989 c.595 20; renumbered 100.460 in 1989]
• 94.205 [Repealed by 1971 c.478 1]
• 94.208 [Formerly 91.551; 1989 c.595 21; renumbered 100.475 in 1989]
• 94.210 [Repealed by 1971 c.478 1]
• 94.214 [Formerly 91.554; renumbered 100.480 in 1989]
• 94.215 [Repealed by 1971 c.478 1]
• 94.220 [Repealed by 1971 c.478 1]
• 94.221 [Formerly 91.557; renumbered 100.485 in 1989]
• 94.225 [Repealed by 1971 c.478 1]
• 94.230 [Repealed by 1971 c.478 1]
• 94.231 [Formerly 91.561; renumbered 100.505 in 1989]
• 94.235 [Repealed by 1971 c.478 1]
• 94.237 [Formerly 91.562; renumbered 100.510 in 1989]
• 94.240 [Repealed by 1971 c.478 1]
• 94.243 [Formerly 91.563; 1983 c.309 8c; 1983 c.615 5; renumbered 100.515 in 1989]
• 94.245 [Repealed by 1971 c.478 1]
• 94.250 [1981 c.647 31; 1983 c.309 8d; renumbered 100.520 in 1989]
• 94.255 [Formerly 91.564; renumbered 100.525 in 1989]
• 94.260 [Formerly 91.566; 1987 c.459 19; 1989 c.595 22; renumbered 100.530 in 1989]
• 94.265 [Formerly 91.569; renumbered 100.535 in 1989]
• 94.270 [Formerly 91.572; renumbered 100.540 in 1989]
• 94.275 [Formerly 91.576; renumbered 100.545 in 1989]
• 94.280 [Formerly 91.578; 1983 c.615 6; 1989 c.595 23; renumbered 100.550 in 1989]
• 94.285 [Formerly 91.581; renumbered 100.555 in 1989]
• 94.295 [Formerly 91.584; 1989 c.595 24; renumbered 100.600 in 1989]
• 94.300 [Formerly 91.587; 1989 c.595 25; renumbered 100.605 in 1989]
• 94.305 [Repealed by 1971 c.478 1]
• 94.306 [Formerly 91.591; 1989 c.595 26; renumbered 100.610 in 1989]
• 94.310 [Repealed by 1971 c.478 1]
• 94.312 [Formerly 91.593; 1989 c.595 27; renumbered 100.615 in 1989]
• 94.315 [Repealed by 1971 c.478 1]
• 94.318 [Formerly 91.596; 1989 c.595 28; renumbered 100.620 in 1989]
• 94.320 [Repealed by 1971 c.478 1]
• 94.322 [1983 c.615 8; renumbered 100.625 in 1989]
• 94.324 [Formerly 91.599; 1985 c.760 1; repealed by 1987 c.459 41]
• 94.325 [Repealed by 1971 c.478 1]
• 94.330 [Amended by 1969 c.591 278; repealed by 1971 c.478 1]
• 94.331 [Formerly 91.602; 1987 c.459 20; 1989 c.595 29; renumbered 100.635 in 1989]
• 94.333 [1987 c.459 22; renumbered 100.015 in 1989]
• 94.335 [Repealed by 1971 c.478 1]
• 94.336 [Formerly 91.606; repealed by 1987 c.459 41]
• 94.340 [Repealed by 1971 c.478 1]
• 94.342 [Formerly 91.608; 1987 c.459 29; renumbered 100.645 in 1989]
• 94.345 [Repealed by 1971 c.478 1]
• 94.348 [Formerly 91.611; 1987 c.459 30; renumbered 100.650 in 1989]
• 94.350 [Repealed by 1971 c.478 1]
• 94.351 [1987 c.459 24; 1989 c.595 30; renumbered 100.655 in 1989]
• 94.353 [1987 c.459 25; renumbered 100.640 in 1989]
• 94.354 [1987 c.459 23; renumbered 100.670 in 1989]
• 94.355 [Repealed by 1971 c.478 1]
• 94.356 [1987 c.459 26; renumbered 100.660 in 1989]
• 94.357 [1987 c.459 27; renumbered 100.675 in 1989]
• 94.358 [1987 c.459 28; renumbered 100.680 in 1989]
• 94.359 [Formerly 91.614; 1987 c.459 31; renumbered 100.700 in 1989]
• 94.360 [Repealed by 1971 c.478 1]
• 94.365 [Repealed by 1971 c.478 1]
• 94.366 [Formerly 91.617; repealed by 1987 c.459 41]
• 94.370 [Repealed by 1971 c.478 1]
• 94.372 [Formerly 91.621; repealed by 1987 c.459 41]
• 94.375 [Repealed by 1971 c.478 1]
• 94.378 [Formerly 91.623; repealed by 1987 c.459 41]
• 94.380 [Repealed by 1971 c.478 1]
• 94.384 [Formerly 91.626; 1987 c.459 32; 1989 c.171 12; 1989 c.595 31; renumbered 100.705 in 1989]
• 94.385 [Repealed by 1971 c.478 1]
• 94.390 [Repealed by 1971 c.478 1]
• 94.391 [Formerly 91.629; 1987 c.459 35; renumbered 100.710 in 1989]
• 94.395 [Repealed by 1971 c.478 1]
• 94.400 [Formerly 91.631; renumbered 100.720 in 1989]
• 94.405 [Repealed by 1971 c.478 1]
• 94.406 [Formerly 91.634; renumbered 100.725 in 1989]
• 94.410 [Repealed by 1971 c.478 1]
• 94.412 [Formerly 91.637; 1989 c.595 47; renumbered 100.730 in 1989]
• 94.415 [Repealed by 1971 c.478 1]
• 94.418 [1981 c.647 24; renumbered 100.735 in 1989]
• 94.420 [Repealed by 1971 c.478 1]
• 94.424 [Formerly 91.641; 1989 c.595 32; renumbered 100.740 in 1989]
• 94.425 [Repealed by 1971 c.478 1]
• 94.430 [Repealed by 1971 c.478 1]
• 94.431 [Formerly 91.646; 1987 c.459 36; renumbered 100.745 in 1989]
• 94.435 [Repealed by 1971 c.478 1]
• 94.437 [Formerly 91.649; renumbered 100.750 in 1989]
• 94.440 [Repealed by 1971 c.478 1]
• 94.445 [Repealed by 1971 c.478 1]
• 94.448 [Formerly 91.652; renumbered 100.770 in 1989]
• 94.454 [Formerly 91.656; renumbered 100.775 in 1989]
• 94.460 [Formerly 91.658; renumbered 100.780 in 1989]
• 94.465 [Formerly 91.661; 1989 c.595 33; renumbered 100.785 in 1989]
• 94.470 [Formerly 91.664; 1983 c.696 7b; 1989 c.706 7; renumbered 100.900 in 1989]
• 94.475 [Formerly 91.667; renumbered 100.905 in 1989]
• 94.480 [Formerly 91.671; renumbered 100.910 in 1989] DEVELOPMENT AGREEMENTS
• 94.504 Development agreements; contents; duration; effect on affordable housing covenants.
• 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.
• 94.505 [Repealed by 1971 c.478 1]
• 94.508 Approval by governing body; findings; adoption.
• Note: See note under 94.504.
• 94.510 [Repealed by 1971 c.478 1]
• 94.513 Procedures on consideration and approval.
• Note: See note under 94.504.
• 94.515 [Repealed by 1971 c.478 1]
• 94.518 Application of local government law and policies to agreement.
• Note: See note under 94.504.
• 94.520 [Repealed by 1971 c.478 1]
• 94.522 Amendment or cancellation of agreement; enforceability.
• Note: See note under 94.504.
• 94.525 [Repealed by 1971 c.478 1]
• 94.528 Recording.
• Note: See note under 94.504.
• 94.530 [Repealed by 1971 c.478 1] TRANSFERABLE DEVELOPMENT CREDITS
• 94.531 Severable development interest in real property; transferable development credit.
• 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.
• 94.534 Policy on transferable development credit systems.
• Note: 94.534, 94.536 and 94.538 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.
• 94.536 Definitions for ORS 94.536 and 94.538.
• Note: See note under 94.534.
• 94.538 Transferable development credit systems.
• Note: See note under 94.534.
• Note: Section 4, chapter 504, Oregon Laws 2009, provides:
• Sec. 4.
• 94.540 [Repealed by 1971 c.478 1] PLANNED COMMUNITIES (General Provisions)
• 94.550 Definitions for ORS 94.550 to 94.783.
• 94.560 Legislative findings.
• 94.565 Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.
• 94.570 Applicability of ORS 94.550 to 94.783.
• 94.572 Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.
• 94.575 Applicability of subdivision law.
• 94.580 Declaration; recordation; contents.
• 94.585 Authority to amend declaration and initial bylaws to comply with federal or state laws.
• 94.590 Amendment of declaration by owners.
• 94.595 Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan.
• 94.600 Declarant control of association.
• 94.604 Transitional advisory committee.
• 94.605 [Amended by 1965 c.619 31; repealed by 1971 c.478 1]
• 94.609 Notice of meeting to turn over administrative responsibility.
• 94.610 [Amended by 1965 c.619 32; repealed by 1971 c.478 1]
• 94.615 [Repealed by 1971 c.478 1]
• 94.616 Turnover meeting; transfer of administration; receivership.
• 94.620 [Repealed by 1971 c.478 1]
• 94.621 Rights of declarant following turnover meeting.
• 94.622 Obligations and liabilities arising from transfer of special declarant rights.
• 94.623 Acquisition of special declarant rights by successor declarant; exceptions.
• 94.625 Formation of homeowners association; adoption of initial bylaws; amendment of bylaws.
• 94.626 Corporate dissolution of association.
• 94.630 Powers of association.
• 94.635 Association bylaws.
• 94.639 Criteria for board of directors membership.
• 94.640 Association board of directors; powers and duties; removal of director; meetings; executive sessions.
• 94.641 Assent of director to board action.
• 94.642 Receivership for failure of homeowners association to fill vacancies on board of directors.
• 94.645 Adoption of annual budget.
• 94.647 Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions.
• 94.650 Meetings of lot owners; notice.
• 94.652 Electronic notice to owner or director.
• 94.655 Quorum for association meetings.
• 94.657 Rules of order.
• 94.658 Voting or granting consent.
• 94.660 Method of voting or consenting.
• 94.661 Electronic ballot.
• 94.662 Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.
• 94.665 Authority of association to sell, transfer, convey or encumber common property.
• 94.667 Recording association information with county clerk.
• 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.
• 94.670 Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner.
• Note: Section 24, chapter 803, Oregon Laws 2003, provides:
• Sec. 24.
• 94.673 When compliance with specified provisions of ORS 94.640 and 94.670 required.
• 94.675 Insurance for common property.
• 94.676 Insurance deductible for certain planned communities.
• 94.677 Election to have ORS 94.645, 94.655 and 94.675 apply.
• 94.680 Blanket all-risk insurance.
• 94.685 Specification of insurance for individual lots.
• 94.690 Terms of insurance under ORS 94.680.
• 94.695 Authority to delegate association powers to master association.
• 94.700 Duration and termination of initial management agreements and service and employment contracts; exceptions.
• 94.704 Assessment and payment of common expenses.
• 94.705 [Repealed by 1971 c.478 1]
• 94.709 Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure.
• 94.710 [Repealed by 1971 c.478 1]
• 94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitation.
• 94.715 [Repealed by 1971 c.478 1]
• 94.716 Lien against two or more lots; release.
• 94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees.
• 94.720 [Repealed by 1971 c.478 1]
• 94.723 Common expenses; liability of first mortgagee.
• 94.725 [Repealed by 1971 c.478 1]
• 94.728 Taxation of lots and common property.
• 94.730 [Repealed by 1971 c.478 1]
• 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots.
• 94.740 [1981 c.782 74; repealed by 1999 c.677 72]
• 94.745 [1981 c.782 78; repealed by 1999 c.677 72]
• 94.750 [1981 c.782 76; 1983 c.740 8; repealed by 1999 c.677 72]
• 94.755 [1981 c.782 82; repealed by 1999 c.677 72] (Miscellaneous)
• 94.760 Promotional material showing possible improvements.
• 94.764 Changes or actions that require approval or consent of mortgagee.
• 94.765 [1981 c.782 81; repealed by 1999 c.677 72]
• 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.
• 94.775 Judicial partition prohibited.
• 94.777 Compliance with bylaws and other restrictions required; effect of noncompliance.
• 94.780 Remedies.
• 94.783 When certain administrative provisions apply.
• 94.785 Short title.
• 94.803 Definitions for ORS 94.803 and 94.807 to 94.945.
• 94.805 [Repealed by 1971 c.478 1]
• 94.806 Legislative finding.
• 94.807 Application.
• 94.808 Managing entity as taxpayer.
• 94.809 Valuation of timeshare property; exclusions from value.
• 94.810 [Repealed by 1971 c.478 1]
• 94.811 When owners of planned community, condominium or subdivision may prohibit timeshare plan.
• 94.813 Character of timeshare estates.
• 94.815 [Repealed by 1971 c.478 1]
• 94.816 Partition prohibited; exception.
• 94.818 Recording of timeshare instrument; payments required.
• 94.820 [Repealed by 1971 c.478 1]
• 94.821 Content of timeshare instrument.
• 94.823 Notice of intent to sell timeshares; form and content; rules.
• 94.825 [Repealed by 1971 c.478 1]
• 94.826 Information on exchange program; content; rules.
• 94.828 Public report on plan.
• 94.829 Sale not allowed before issuance of public report; distribution and uses of report.
• 94.830 [Repealed by 1971 c.478 1]
• 94.831 Filing fees; inspection advance payment; disposition of moneys.
• 94.833 Sale of timeshare plan located out-of-state.
• 94.835 [Repealed by 1971 c.478 1] (Purchaser s Rights)
• 94.836 Cancellation of purchase within five days.
• 94.839 Notice of cancellation right.
• 94.840 [Repealed by 1971 c.478 1]
• 94.841 Waiver of rights void.
• 94.843 Limits on developer right to transfer.
• 94.845 [Repealed by 1971 c.478 1] (Association of Owners; Management)
• 94.846 Designation of managing entity; duties and powers of entity.
• 94.848 How managing entity of developer terminated.
• 94.850 [Repealed by 1971 c.478 1]
• 94.853 Payment of common expenses.
• 94.855 [Repealed by 1971 c.478 1]
• 94.856 Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception.
• 94.858 Owners association; powers and duties.
• 94.863 Developer s duty to managing entity.
• 94.867 Judicial declaration of failure in management.
• 94.869 Insurance coverage.
• 94.871 When purchase money agreement prohibited; escrow requirements.
• 94.873 Escrow account; closing; release.
• 94.876 Requirements for closing escrow.
• 94.878 Duties of escrow agent.
• 94.881 Who may serve as escrow agent.
• 94.885 Rights of lienholder.
• 94.890 Lien payment trust; payments; delinquencies.
• 94.895 Trust irrevocable without alternative arrangement.
• 94.900 Alternative to lien payment trust.
• 94.905 Surety bond.
• 94.915 Inspection of records; rules; uniform standards.
• 94.920 Consent to service by out-of-state developer.
• 94.925 Civil penalty.
• 94.930 Commissioner order; injunctive relief.
• 94.940 False practices prohibited.
• 94.945 Advertising regulation.
• 94.953 Definitions for ORS 94.953 to 94.989.
• 94.956 Registration required to sell membership camping contract.
• 94.959 Application for registration.
• 94.962 Exemptions from registration.
• 94.965 Effective date of registration.
• 94.968 Denial, suspension and revocation of registration; other sanctions.
• 94.971 Fee for registration or amendment of an offer or sale of membership camping contract.
• 94.974 Written disclosures required; procedures; inspection of records.
• 94.975 False practices prohibited.
• Note: 94.975 and 94.976 were added to and made a part of 94.953 to 94.989 by legislative action but were not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
• 94.976 Advertising regulation.
• Note: See note under 94.975.
• 94.977 Registration as salesperson or broker.
• 94.980 Application for registration; fee.
• 94.983 Cancellation of contract by purchaser; notice of right to cancel.
• 94.986 Requirements for sale of membership camping contract; nondisturbance agreements.
• 94.987 Judicial declaration of failure in management.
• 94.989 Interpretation of membership camping contracts; application of Unlawful Trade Practices Act.
• 94.990 [Repealed by 1971 c.478 1]
• 94.991 [Formerly 91.990; 1987 c.320 15; renumbered 100.990 in 1989] _______________