Oregon Code § 94.580·Enacted ·Last updated March 01, 2026
Statute Text
Declaration; recordation; contents.
(1) A declarant shall record, in accordance with ORS 94.565, the declaration
for a planned community in the office of the recording officer of each county
in which the planned community is located.
(2) The
declaration shall include:
(a) The name and
classification of the planned community;
(b) The name of
the association and the type of entity formed in accordance with ORS 94.625;
(c) A statement
that the planned community is subject to ORS 94.550 to 94.783;
(d) A statement
that the bylaws adopted under ORS 94.625 must be recorded;
(e) A legal
description, as required under ORS 93.600, of the real property included in the
planned community;
(f) A legal
description, as required under ORS 93.600, of any real property included in the
planned community which is or must become a common property;
(g) A description
of any special declarant rights other than the rights described under
subsections (3) and (4) of this section;
(h) A statement
of the number of votes allocated to each lot in accordance with ORS 94.658;
(i) A method of
determining the liability of each lot for common expenses and the right of each
lot to any common profits of the association;
(j) A statement
of when the lots, including lots owned by the declarant, become subject to
assessment;
(k) If a Class I
planned community, provisions for establishing a reserve account and for the
preparation, review and update of the reserve study and the maintenance plan as
required by ORS 94.595;
(L) Any
restrictions on the alienation of lots. Any such restriction created by any
document other than the declaration may be incorporated by reference to the
official records of the county where the property is located;
(m) A statement
of the use, residential or otherwise, for which each lot is intended;
(n) A statement
as to whether or not the association pursuant to ORS 94.665 may sell, convey or
subject to a security interest any portion of the common property and any
limitation on such authority;
(o) A statement
of any restriction on the use, maintenance or occupancy of lots or units;
(p) The method of
amending the declaration and a statement of the percentage of votes required to
approve an amendment of the declaration in accordance with ORS 94.590;
(q) A description
of any contemplated improvements which the declarant agrees to build, or a
statement that the declarant does not agree to build any improvement or does
not choose to limit declarants rights to add improvements not described in the
declaration;
(r) A statement
of any period of declarant control or other special declarant rights reserved
by the declarant under ORS 94.600;
(s) A statement
of the time at which the deed to the common property is to be delivered,
whether by date or upon the occurrence of a stipulated event; and
(t) Any
provisions restricting a right of the association with respect to the common
property, or an individual lot owner with respect to the lot or improvements on
the lot, including but not limited to:
(A) A right to
divide the lot or to combine it with other lots;
(B) A right to
repair or restore improvements on the lot at the owners discretion in the
event of damage or destruction;
(C) The
requirement for architectural controls, including but not limited to fencing,
landscaping or choice of exterior colors and materials of structures to be
placed on the common property or on a lot; and
(D) The
requirement of review of any plans of any structure to be placed on the common
property or a lot.
(3) If the
declarant reserves the right to expand the planned community by annexing lots
or common property or by creating additional lots or common property by
developing existing property in the planned community, the declaration shall
contain, in addition to the provisions required under subsections (1) and (2)
of this section, a general description of the plan of development including:
(a) The procedure
by which the planned community will be expanded;
(b) The maximum
number of lots and units to be included in the planned community or a statement
that there is no limitation on the number of lots or units which the declarant
may create or annex to the planned community;
(c) A general
description of the nature and proposed use of any common property which the
declarant agrees to create or annex to the planned community or a statement
that there is no limitation on the right of the declarant to create or annex
common property;
(d) The method of
allocation of votes if additional lots are to be created or annexed to the
planned community; and
(e) The formula
to be used for reallocating the common expenses if additional lots are to be
created or annexed to the planned community, and the manner of reapportioning
the common expenses if lots are created or annexed during the fiscal year.
(4) If the
declarant may withdraw property from the planned community, the declaration
shall include in add