ORS Chapter 94
Chapter 94 — RealProperty Development
2009 EDITION
REALPROPERTY DEVELOPMENT
PROPERTYRIGHTS AND TRANSACTIONS
DEVELOPMENTAGREEMENTS
94.504 Developmentagreements; contents; duration; effect on affordable housing covenants
94.508 Approvalby governing body; findings; adoption
94.513 Procedureson consideration and approval
94.518 Applicationof local government law and policies to agreement
94.522 Amendmentor cancellation of agreement; enforceability
94.528 Recording
TRANSFERABLEDEVELOPMENT CREDITS
94.531 Severabledevelopment interest in real property; transferable development credit
94.534 Policyon transferable development credit systems
94.536 Definitionsfor ORS 94.536 and 94.538
94.538 Transferabledevelopment credit systems
PLANNEDCOMMUNITIES
(GeneralProvisions)
94.550 Definitionsfor ORS 94.550 to 94.783
94.560 Legislativefindings
(Creationof Planned Community)
94.565 Plannedcommunity to be created under ORS 94.550 to 94.783; exception; conveyance oflot or unit prohibited until declaration recorded
94.570 Applicabilityof ORS 94.550 to 94.783
94.572 Applicabilityof certain provisions of ORS 94.550 to 94.783 to Class I or Class II plannedcommunities
94.575 Applicabilityof subdivision law
94.580 Declaration;recordation; contents
94.585 Authorityto amend declaration and initial bylaws to comply with federal or state laws
94.590 Amendmentof declaration by owners
94.595 Reserveaccount for maintaining, repairing and replacing common property; reservestudy; maintenance plan
(DeclarantControl; Turnover of Administrative Control)
94.600 Declarantcontrol of association
94.604 Transitionaladvisory committee
94.609 Noticeof meeting to turn over administrative responsibility
94.616 Turnovermeeting; transfer of administration; receivership
94.621 Rightsof declarant following turnover meeting
94.622 Obligationsand liabilities arising from transfer of special declarant rights
94.623 Acquisitionof special declarant rights by successor declarant; exceptions
(HomeownersAssociation; Management of Planned Community)
94.625 Formationof homeowners association; adoption of initial bylaws; amendment of bylaws
94.626 Corporatedissolution of association
94.630 Powersof association
94.635 Associationbylaws
94.639 Criteriafor board of directors membership
94.640 Associationboard of directors; powers and duties; removal of member; meetings; executivesessions
94.641 Assentof director to board action
94.642 Receivershipfor failure of homeowners association to fill vacancies on board of directors
94.645 Adoptionof annual budget
94.647 Useof written ballot for approving or rejecting matters subject to meeting ofassociation members; procedures; exceptions
94.650 Meetingsof lot owners; notice
94.652 Electronicnotice to owner or director
94.655 Quorumfor association meetings
94.657 Rulesof order
94.658 Votingor granting consent
94.660 Methodof voting or consenting
94.661 Electronicballot
94.662 Noticeto lot owners of intent of association to commence judicial or administrativeproceeding; contents of notice; right of lot owner to opt out
94.665 Authorityof association to sell, transfer, convey or encumber common property
94.667 Recordingassociation information with county clerk
94.670 Associationduty to keep documents and records; deposit of assessments; payment ofassociation expenses; review of financial statement by certified publicaccountant; examination of records by owner
94.673 Whencompliance with specified provisions of ORS 94.640 and 94.670 required
94.675 Insurancefor common property
94.676 Insurancedeductible for certain planned communities
94.677 Electionto have ORS 94.645, 94.655 and 94.675 apply
94.680 Blanketall-risk insurance
94.685 Specificationof insurance for individual lots
94.690 Termsof insurance under ORS 94.680
94.695 Authorityto delegate association powers to master association
94.700 Durationand termination of initial management agreements and service and employmentcontracts; exceptions
(Assessmentsand Liens Against Lots; Easements)
94.704 Assessmentand payment of common expenses
94.709 Liensagainst lots; priority; duration; record notice of claim of unpaid assessment;foreclosure procedure
94.712 Lotowner personally liable for assessment; joint liability of grantor and granteefollowing conveyance; limitation
94.716 Lienagainst two or more lots; release
94.719 Lienforeclosure; other legal action by declarant, association or owner; attorneyfees
94.723 Commonexpenses; liability of first mortgagee
94.728 Taxationof lots and common property
94.733 Easementsheld by owner of lot and by declarant; homeowners association access to lots
(Miscellaneous)
94.760 Promotionalmaterial showing possible improvements
94.770 Applicationof rule against perpetuities; conflict between declaration and bylaws; effecton title of declaration’s noncompliance with Oregon Planned Community Act;conflict between Oregon Planned Community Act and ORS chapter 65
94.775 Judicialpartition prohibited
94.777 Compliancewith bylaws and other restrictions required; effect of noncompliance
94.780 Remedies
94.783 Whencertain administrative provisions apply
94.785 Shorttitle
TIMESHAREESTATES
(GeneralProvisions)
94.803 Definitionsfor ORS 94.803 and 94.807 to 94.945
94.806 Legislativefinding
94.807 Application
94.808 Managingentity as taxpayer
94.809 Valuationof timeshare property; exclusions from value
94.811 Whenowners of planned community, condominium or subdivision may prohibit timeshareplan
(Creationof Timeshare Estates)
94.813 Characterof timeshare estates
94.816 Partitionprohibited; exception
94.818 Recordingof timeshare instrument; payments required
94.821 Contentof timeshare instrument
94.823 Noticeof intent to sell timeshares; form and content; rules
94.826 Informationon exchange program; content; rules
94.828 Publicreport on plan
94.829 Salenot allowed before issuance of public report; distribution and uses of report