Oregon Planned Community Act

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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:

General Provisions

Section Name Section Number Definitions for ORS 94.550 to 94.783§ 94.550Legislative 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§ 94.565Applicability of ORS 94.550 to 94.783§ 94.570Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities§ 94.572Class I or Class II planned community option to amend governing documents to conform to statute§ 94.573Procedure for formation of homeowners association by Class I or Class II planned community§ 94.574Applicability of subdivision law§ 94.575Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783§ 94.576Recording amended governing documents; marketability of title unaffected by noncompliance§ 94.577Declaration; recordation; contents§ 94.580Authority to amend declaration and initial bylaws to comply with federal or state laws§ 94.585Amendment of declaration by owners§ 94.590Reserve 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§ 94.600Transitional advisory committee§ 94.604Repealed§ 94.605Notice of meeting to turn over administrative responsibility§ 94.609Repealed§ 94.610Repealed§ 94.615Turnover meeting; transfer of administration; receivership§ 94.616Repealed§ 94.620Rights of declarant following turnover meeting§ 94.621Obligations and liabilities arising from transfer of special declarant rights§ 94.622Acquisition 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§ 94.625Corporate dissolution of association§ 94.626Powers of association§ 94.630Association bylaws§ 94.635Criteria for board of directors membership§ 94.639Association board of directors; powers and duties; removal of director; meetings; executive sessions§ 94.640Assent of director to board action§ 94.641Receivership for failure of homeowners association to fill vacancies on board of directors§ 94.642Adoption of annual budget§ 94.645Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions§ 94.647Meetings of lot owners; notice§ 94.650Electronic notice to owner or director§ 94.652Quorum for association meetings§ 94.655Rules of order§ 94.657Voting or granting consent§ 94.658Method of voting or consenting§ 94.660Electronic ballot§ 94.661Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out§ 94.662Authority of association to sell, transfer, convey or encumber common property§ 94.665Recording association information with county clerk§ 94.667Association 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§ 94.670Application of ORS 94.670 (5)§ 94.671When compliance with specified provisions of ORS 94.640 and 94.670 required§ 94.673Insurance for common property§ 94.675Insurance deductible for certain planned communities§ 94.676Election to have ORS 94.645, 94.655 and 94.675 apply§ 94.677Blanket all-risk insurance§ 94.680Specification of insurance for individual lots§ 94.685Terms of insurance under ORS 94.680§ 94.690Authority to delegate association powers to master association§ 94.695Duration 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§ 94.704Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure§ 94.709Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitation§ 94.712Lien against two or more lots; release§ 94.716Lien foreclosure; other legal action by declarant, association or owner; attorney fees§ 94.719Common expenses; liability of first mortgagee§ 94.723Taxation of lots and common property§ 94.728Easements held by owner of lot and by declarant; homeowners association access to lots§ 94.733