(1)(a) Notwithstanding ORS 93.272 (Procedure for removal of certain restrictions), any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580 (Declaration), that contains a provision that is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a) may file a petition under this section to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party.
The petitioner shall submit to the court a sworn affidavit certifying the petitioner made a good faith effort to notify, in the manner required under this subsection, all owners of record of petitioner’s intent to file the petition.
The notice required under subsection (3) of this section shall inform the owners of record that:
The person served may request a hearing within 20 days after service of the petition; and
The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.
If no request for hearing is made by any person served under subsection (3) of this section within 20 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).
If a hearing is requested by any person served under subsection (3) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.