The Oregon Planned Community Act (“PCA”), Or. Rev. Stat. § 94.550, et. seq., is a set of state laws that govern the formation and operation of planned communities in Oregon. The PCA establishes the legal rights and obligations of the planned community’s members, the owners of the individual parcels, and the association formed to manage the planned community.

The PCA provides that the governing documents of the planned community must set forth the rights and obligations of the members, including the rights to use the common areas and the obligation to pay assessments. It also provides rules for the formation and operation of the association, including the election of officers, the adoption of rules and regulations, and the collection of assessments. The PCA also provides for the enforcement of the rights and obligations of the members and the association, including the power to impose fines and other sanctions and to bring legal action.

In sum, the Oregon Planned Community Act provides a comprehensive framework for the formation and operation of planned communities in Oregon. It sets forth the legal rights and obligations of the members, the owners, and the association, and provides for the enforcement of those rights and obligations.

The Oregon Planned Community Act is broken down into the following sections:

  • Section 1 - General Provisions

  • Section 2 - Creation of Planned Community

  • Section 3 - Declarant Control; Turnover of Administrative Control

  • Section 4 - Homeowners Association; Management of Planned Community

  • Section 5 - Assessments and Liens Against Lots; Easements

  • Section 6 - Miscellaneous

General Provisions

Section NameSection Number
Definitions for ORS 94.550 to 94.783§ 94.550
Legislative findings§ 94.560
 

Creation of Planned Community

Section NameSection Number
Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded§ 94.565
Applicability of ORS 94.550 to 94.783§ 94.570
Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities§ 94.572
Class I or Class II planned community option to amend governing documents to conform to statute§ 94.573
Procedure for formation of homeowners association by Class I or Class II planned community§ 94.574
Applicability of subdivision law§ 94.575
Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783§ 94.576
Recording amended governing documents; marketability of title unaffected by noncompliance§ 94.577
Declaration; recordation; contents§ 94.580
Authority to amend declaration and initial bylaws to comply with federal or state laws§ 94.585
Amendment of declaration by owners§ 94.590
Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan§ 94.595
 

Declarant Control; Turnover of Administrative Control

Section NameSection Number
Declarant control of association§ 94.600
Transitional advisory committee§ 94.604
Repealed§ 94.605
Notice of meeting to turn over administrative responsibility§ 94.609
Repealed§ 94.610
Repealed§ 94.615
Turnover meeting; transfer of administration; receivership§ 94.616
Repealed§ 94.620
Rights of declarant following turnover meeting§ 94.621
Obligations and liabilities arising from transfer of special declarant rights§ 94.622
Acquisition of special declarant rights by successor declarant; exceptions§ 94.623
 

Homeowners Association; Management of Planned Community

Section NameSection Number
Formation of homeowners association; adoption of initial bylaws; amendment of bylaws§ 94.625
Corporate dissolution of association§ 94.626
Powers of association§ 94.630
Association bylaws§ 94.635
Criteria for board of directors membership§ 94.639
Association board of directors; powers and duties; removal of director; meetings; executive sessions§ 94.640
Assent of director to board action§ 94.641
Receivership for failure of homeowners association to fill vacancies on board of directors§ 94.642
Adoption of annual budget§ 94.645
Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions§ 94.647
Meetings of lot owners; notice§ 94.650
Electronic notice to owner or director§ 94.652
Quorum for association meetings§ 94.655
Rules of order§ 94.657
Voting or granting consent§ 94.658
Method of voting or consenting§ 94.660
Electronic ballot§ 94.661
Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out§ 94.662
Authority of association to sell, transfer, convey or encumber common property§ 94.665
Recording association information with county clerk§ 94.667
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§ 94.670
Application of ORS 94.670 (5)§ 94.671
When compliance with specified provisions of ORS 94.640 and 94.670 required§ 94.673
Insurance for common property§ 94.675
Insurance deductible for certain planned communities§ 94.676
Election to have ORS 94.645, 94.655 and 94.675 apply§ 94.677
Blanket all-risk insurance§ 94.680
Specification of insurance for individual lots§ 94.685
Terms of insurance under ORS 94.680§ 94.690
Authority to delegate association powers to master association§ 94.695
Duration and termination of initial management agreements and service and employment contracts; exceptions§ 94.700
 

Assessments and Liens Against Lots; Easements

Section NameSection Number
Assessment and payment of common expenses§ 94.704
Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure§ 94.709
Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitation§ 94.712
Lien against two or more lots; release§ 94.716
Lien foreclosure; other legal action by declarant, association or owner; attorney fees§ 94.719
Common expenses; liability of first mortgagee§ 94.723
Taxation of lots and common property§ 94.728
Easements held by owner of lot and by declarant; homeowners association access to lots§ 94.733
 

Miscellaneous

Section NameSection Number
Promotional material showing possible improvements§ 94.760
Legislative findings regarding electric vehicle charging stations§ 94.761
Electric vehicle charging stations§ 94.762
Changes or actions that require approval or consent of mortgagee§ 94.764
Repealed§ 94.765
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§ 94.770
Judicial partition prohibited§ 94.775
Restrictions upon allowable maximum density prohibited§ 94.776
Compliance with bylaws and other restrictions required; effect of noncompliance§ 94.777
Prohibition against installation of solar panels void and unenforceable§ 94.778
Irrigation requirements void and unenforceable under certain circumstances; prohibition or restriction against certain uses of unit void and unenforceable; exceptions§ 94.779
Remedies§ 94.780
When certain administrative provisions apply§ 94.783
Short title§ 94.785
 

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