(1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless:
- (a) The declaration expressly allows the division of lots in a planned community; or
- (b) The lot may be divided under ORS 94.776.
- (2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245.
- (3) The restriction specified in subsection (1) of this section does not apply if the homeowners association has removed the property from the provisions of the declaration.
[1981 c.782 §87; 2003 c.569 §20; 2021 c.103 §5]