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 Name | Section Number |
---|---|
Definitions for ORS 94.550 to 94.783 | § 94.550 |
Legislative findings | § 94.560 | Creation of Planned Community |
Section Name | Section 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 Name | Section 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 Name | Section 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 Name | Section 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 Name | Section 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 |