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