71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2825
 
                         House Bill 3563
 
Sponsored by Representative SCHRADER (at the request of Leon
  Nerpal)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires notice in instrument transferring lot or unit in
planned community.
 
                        A BILL FOR AN ACT
Relating to planned communities; amending ORS 93.040.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 93.040 is amended to read:
  93.040. (1) The following statement shall be included in the
body of an instrument transferring or contracting to transfer fee
title to real property except for owner's sale agreements or
earnest money receipts, or both, as provided in subsection (2) of
this section: 'THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE
LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. '
  (2) In all owner's sale agreements and earnest money receipts,
there shall be included in the body of the instrument the
following statement: 'THE PROPERTY DESCRIBED IN THIS INSTRUMENT
MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN
ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. '
  (3) In all owners' sale agreements and earnest money receipts
subject to ORS 358.505, there shall be included in the body of
the instrument or by addendum the following statement: 'THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL
ASSESSMENT UNDER ORS 358.505. ORS 358.515 REQUIRES NOTIFICATION
TO THE STATE HISTORIC PRESERVATION OFFICER OF SALE OR TRANSFER OF
THIS PROPERTY. '
   { +  (4) The following statement shall be included in the body
of an instrument transferring or contracting to transfer fee
title to a lot or unit in a planned community as defined in ORS
94.550:  ' THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT IS PART
OF A PLANNED COMMUNITY AS DEFINED IN ORS 94.550. CERTAIN
PROVISIONS OF OREGON LAW MAY NOT APPLY TO THIS PROPERTY. COMMON
PROPERTY, FACILITIES AND SERVICES OF THE PLANNED COMMUNITY ARE
CONTROLLED BY THE PERSON WHO CREATED THE PLANNED COMMUNITY OR BY
A HOMEOWNER'S ASSOCIATION. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING THE PROPERTY SHOULD SEEK THE
ADVICE OF LEGAL COUNSEL FOR INFORMATION ON RESTRICTIONS ON THE
REAL PROPERTY.' + }
    { - (4) - }   { + (5) + }   { - No - }   { + An + } action
may  { + not + } be maintained against the county recording
officer for recording an instrument that does not contain the
statement required in   { - subsection - }   { + subsections + }
(1)   { - or (2) - }   { + to (4) + } of this section.
    { - (5) - }   { + (6) + }   { - No - }   { + An + } action
may  { + not + } be maintained against any person for failure to
include in the instrument, or for recording an instrument that
does not contain the statement required in
  { - subsection (1) or (2) - }   { + subsections (1) to (4) + }
of this section, unless the person acquiring or agreeing to
acquire fee title to the real property would not have executed or
accepted the instrument but for the absence in the instrument of
the statement required by   { - subsection (1) or (2) - }
 { + subsections (1) to (4) + } of this section.   { - No - }
 { + An + } action may  { + not + } be maintained by the person
acquiring or agreeing to acquire title to the real property
against any person other than the person transferring or
contracting to transfer fee title to the real property.
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