(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.