(1) Judicial partition by division of a lot in a planned community is not allowed under ORS § 105.205, unless:

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(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]