ORS 94.550 to 94.783

Oregon Planned Community Act (ORS 94.550 to 94.783)

PLANNED COMMUNITIES

(General Provisions)

Definitions for ORS 94.550 to 94.783

Legislative findings

(Creation of Planned Community)

Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded

Applicability of ORS 94.550 to 94.783

Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities

Class I or Class II planned community option to amend governing documents to conform to statute

Procedure for formation of homeowners association by Class I or Class II planned community

Applicability of subdivision law

Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783

Recording amended governing documents; marketability of title unaffected by noncompliance

Declaration; recordation; contents

Authority to amend declaration and initial bylaws to comply with federal or state laws

Amendment of declaration by owners

Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan

(Declarant Control; Turnover of Administrative Control)

Declarant control of association

Transitional advisory committee

Notice of meeting to turn over administrative responsibility

Turnover meeting; transfer of administration; receivership

Rights of declarant following turnover meeting

Obligations and liabilities arising from transfer of special declarant rights

Acquisition of special declarant rights by successor declarant; exceptions

(Homeowners Association; Management of Planned Community)

Formation of homeowners association; adoption of initial bylaws; amendment of bylaws

Corporate dissolution of association

Powers of association

Association bylaws

Criteria for board of directors membership

Association board of directors; powers and duties; removal of director; meetings; executive sessions

Assent of director to board action

Receivership for failure of homeowners association to fill vacancies on board of directors

Adoption of annual budget

Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions

Meetings of lot owners; notice

Electronic notice to owner or director

Quorum for association meetings

Rules of order

Voting or granting consent

Method of voting or consenting

Electronic ballot

Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out

Authority of association to sell, transfer, convey or encumber common property

Recording association information with county clerk

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

Application of ORS 94.670 (5)

When compliance with specified provisions of ORS 94.640 and 94.670 required

Insurance for common property

Insurance deductible for certain planned communities

Election to have ORS 94.645, 94.655 and 94.675 apply

Blanket all-risk insurance

Specification of insurance for individual lots

Terms of insurance under ORS 94.680

Authority to delegate association powers to master association

Duration and termination of initial management agreements and service and employment contracts; exceptions

(Assessments and Liens Against Lots; Easements)

Assessment and payment of common expenses

Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure

Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations

Lien against two or more lots; releas

Lien foreclosure; other legal action by declarant, association or owner; attorney fees

Common expenses; liability of first mortgagee

Taxation of lots and common property

Easements held by owner of lot and by declarant; homeowners association access to lots

(Miscellaneous)

Promotional material showing possible improvements

Legislative findings regarding electric vehicle charging stations

Electric vehicle charging stations

Changes or actions that require approval or consent of mortgagee

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

Judicial partition prohibited

Compliance with bylaws and other restrictions required; effect of noncompliance

Prohibition against installation of solar panels void and unenforceable

Irrigation requirements void and unenforceable under certain circumstances; prohibition or restriction against certain uses of unit void and unenforceable; exceptions

Remedies

When certain administrative provisions apply

Short title