Declaration; recordation; contents

ORS 94.580 Declaration recordation contents (1) A declarant shall record, in accordance with ORS 94.565 (Planned community to be created under ORS 94.550 to 94.783) , 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 (Formation of homeowners association) ; (c) A statement that the planned community is subject to ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) ; (d) A statement that the bylaws adopted under ORS 94.625 (Formation of homeowners association) must be recorded; (e) A legal description, as required under ORS 93.600 (Description of real property for purposes of recordation) , of the real property included in the planned community; (f) A legal description, as required under ORS 93.600 (Description of real property for purposes of recordation) , 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 (Voting or granting consent) ; (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 (Reserve account for maintaining, repairing and replacing common property) ; (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 (Authority of association to sell, transfer, convey or encumber common property) 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 (Amendment of declaration by owners) ; (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 declarant’s rights …

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