Oregon Revised Statutes Chapter 94 § 94.776 — Development and division of lots; allocations for newly created lots

Development and division of lots; allocations for newly created lots. (1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing that is otherwise allowable under the maximum density of the zoning for the land. (2) Lots or parcels resulting from the division of land in a planned community are subject to the governing documents of the planned community and are allocated assessments and voting rights on the same basis as existing units. (3) A provision in a governing document that is adopted or amended on or after January 1, 2026, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the siting of a manufactured dwelling, as defined in ORS 446.003, or a prefabricated structure, as defined in ORS 197A.015, on a lot, including an accessory dwelling unit allowed under this section. [2019 c.639 §12; 2021 c.103 §4; 2025 c.274 §2] Note: The amendments to 94.776 by section 9, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 11, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience. 94.776. (1) A provision in a governing document is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing, including accessory dwelling units or middle housing, that is otherwise allowable under the maximum density of the zoning for the land. (2) Lots or parcels, as those terms are defined in ORS 92.010, that result from the division of land in a planned community are subject to the governing documents of the planned community. Any resulting dwelling units are allocated assessments and voting rights on the same basis as existing units. (3) A provision in a governing document that is adopted or amended on or after January 1, 2026, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the siting of a manufactured dwelling, as defined in ORS 446.003, or a prefabricated structure, as defined in ORS 197A.015, on a lot, including an accessory dwelling unit allowed under this section. Note: Section 10, chapter 476, Oregon Laws 2025, provides: Sec. 10. ORS 94.776 applies to governing documents that were adopted before, on or after January 1, 2020. [2025 c.476 §10]