Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities
(1)A Class I or Class II planned community created before January 1, 2002, that was not created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) is subject to this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783), 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute), 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community), 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783), 94.577 (Recording amended governing documents), 94.590 (Amendment of declaration by owners), 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association), 94.626 (Corporate dissolution of association), 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership), 94.640 (Association board of directors), 94.641 (Assent of director to board action), 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors), 94.644 (Meetings of board of directors), 94.645 (Adoption of annual budget), 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members), 94.650 (Meetings of lot owners), 94.652 (Electronic notice to owner or director), 94.655 (Quorum for association meetings), 94.657 (Rules of order), 94.658 (Voting or granting consent), 94.660 (Method of voting or consenting), 94.661 (Electronic ballot), 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding), 94.665 (Authority of association to sell, transfer, convey or encumber common property), 94.670 (Association duty to keep documents and records), 94.675 (Insurance for common property), 94.676 (Insurance deductible for certain planned communities), 94.680 (Blanket all-risk insurance), 94.690 (Terms of insurance under ORS 94.680), 94.695 (Authority to delegate association powers to master association), 94.704 (Assessment and payment of common expenses), 94.709 (Liens against lots), 94.712 (Lot owner personally liable for assessment), 94.716 (Lien against two or more lots), 94.719 (Lien foreclosure), 94.723 (Common expenses), 94.728 (Taxation of lots and common property), 94.733 (Easements held by owner of lot and by declarant), 94.762 (Electric vehicle charging stations), 94.770 (Application of rule against perpetuities), 94.775 (Judicial partition of lots), 94.777 (Compliance with bylaws and other restrictions required), 94.779 (Unenforceability of certain irrigation requirements and restrictions on family child care) and 94.780 (Remedies) to the extent that those statutes are consistent with any governing documents of the planned community.
(2)If the governing documents of a planned community described in subsection (1) of this section do not provide for the formation of a homeowners association, the requirements of this section are not effective until the formation of an association in accordance with ORS 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community).
(3)If a provision of the governing documents of a planned community described in subsection (1) of this section is inconsistent with this section, the owners may amend the governing documents using the procedures in ORS 94.573 (Class I or Class II planned community option to amend governing documents to conform to statute). [2001 c.756 §3; 2003 c.569 §5; 2005 c.543 §3; 2007 c.409 §33; 2009 c.641 §3a; 2013 c.438 §4; 2015 c.27 §6; 2016 c.86 §2; 2017 c.423 §8; 2021 c.40 §10]
Section 94.572 — Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities,