(1) A Class I or Class II planned community created before January 1, 2002, that was not created under ORS § 94.550 to 94.783 is subject to this section and ORS § 94.550, 94.573, 94.574, 94.576, 94.577, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777, 94.779 and 94.780 to the extent that those statutes are consistent with any governing documents of the planned community.

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(2) If the governing documents of a planned community described in subsection (1) of this section do not provide for the formation of a homeowners association, the requirements of this section are not effective until the formation of an association in accordance with ORS § 94.574.

(3) If a provision of the governing documents of a planned community described in subsection (1) of this section is inconsistent with this section, the owners may amend the governing documents using the procedures in ORS § 94.573. [2001 c.756 § 3; 2003 c.569 § 5; 2005 c.543 § 3; 2007 c.409 § 33; 2009 c.641 § 3a; 2013 c.438 § 4; 2015 c.27 § 6; 2016 c.86 § 2; 2017 c.423 § 8; 2021 c.40 § 10]