reglab/housing_qa huggingface dataset:
OR Rev Stat § 94.640 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.640 - Association board of directors; powers and duties; removal of director.

(1) The board of directors of an association may act on behalf of the association except as limited by the declaration and the bylaws. In the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377, whether or not the association is incorporated under ORS chapter 65. (2) Subject to subsection (7) of this section, unless otherwise provided in the bylaws, the board of directors may fill vacancies in its membership for the unexpired portion of any term. (3) At least annually, the board of directors of an association shall review the insurance coverage of the association. (4) The board of directors of the association annually shall cause to be filed the necessary income tax returns for the association. (5) The board of directors of the association may record a statement of association information as provided in ORS 94.667. (6)(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the owners at which a quorum is present, the owners may remove a director from the board of directors, other than directors appointed by the declarant or individuals who are ex officio directors, with or without cause, by a majority vote of owners who are present and entitled to vote. (b) Notwithstanding contrary provisions in the declaration or bylaws: (A) Before a vote to remove a director, owners must give the director whose removal has been proposed an opportunity to be heard at the meeting. (B) The owners must vote on the removal of each director whose removal is proposed as a separate question. (C) Removal of a director by owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting if notice is required under ORS 94.650. (c) A director who is removed by the owners remains a director until a successor is elected by the owners or the vacancy is filled as provided in subsection (7) of this section. (7) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by owners, the owners shall fill a vacancy created by the removal of a director by the owners at a meeting of owners. The notice of the meeting must state that filling a vacancy is an item on the agenda. (8) The board of directors, in the name of the association, shall maintain a current mailing address of the association. (9) The board of directors shall cause the information required to enable the association to comply with ORS 94.670 (8) to be maintained and kept current. [1981 c.782 §38; 1983 c.206 §4; 1999 c.677 §15; 2001 c.756 §15; 2003 c.569 §12; 2009 c.641 §8; 2011 c.532 §3; 2021 c.40 §1]
OR Rev Stat § 94.641 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.641 - Assent of director to board action.

(1) A director of a homeowners association who is present at a meeting of the board of directors at which action is taken on any association matter is presumed to have assented to the action unless the director votes against the action or abstains from voting on the action because the director claims a conflict of interest. (2) When action is taken on any matter at a meeting of the board of directors, the vote or abstention of each director present must be recorded in the minutes of the meeting. (3) Directors may not vote by proxy or by secret ballot at meetings of the board of directors. (4) Notwithstanding subsection (3) of this section, officers may be elected by secret ballot. [2007 c.409 §6]
OR Rev Stat § 94.642 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.642 - Receivership for failure of homeowners association to fill vacancies on board of directors.

(1) Subject to subsection (2) of this section, if a homeowners association fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, an owner or a first mortgagee may request the circuit court of the county in which the planned community is located to appoint a receiver to manage the affairs of the association. (2) At least 45 days before an owner or first mortgagee requests the circuit court to appoint a receiver under subsection (1) of this section, the owner or first mortgagee shall mail, by certified or registered mail, a notice to the association and shall post a copy of the notice at a conspicuous place or places on the property or provide notice by a method otherwise reasonably calculated to inform owners of the proposed action. (3) The notice shall be signed by the owner or first mortgagee and include: (a) A description of the intended action. (b) A statement that the intended action is pursuant to this section. (c) The date, not less than 30 days after mailing of the notice, by which the association must fill vacancies on the board sufficient to constitute a quorum. (d) A statement that if the association fails to fill vacancies on the board by the specified date, the owner or first mortgagee may file a petition with the court under subsection (1) of this section. (e) A statement that if a receiver is appointed, all expenses of the receivership will be common expenses of the association as provided in subsection (4) of this section. (4) If a receiver is appointed, the salary of the receiver, court costs, attorney fees and all other expenses of the receivership shall be common expenses of the association. (5) A receiver appointed under this section has all of the powers and duties of a duly constituted board of directors and shall serve until a sufficient number of vacancies on the board are filled to constitute a quorum. (6) If at a turnover meeting held in accordance with ORS 94.616 the owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors, in addition to the notice requirements specified in subsections (2) and (3) of this section, an owner shall give the notice to all other owners as provided in the bylaws. (7) Notwithstanding subsections (2) and (3) of this section, in the case of an emergency, the court may waive the notice requirements of subsections (2) and (3) of this section. [2007 c.409 §2; 2017 c.358 §50]
OR Rev Stat § 94.645 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.645 - Adoption of annual budget.

(1) The board of directors at least annually shall adopt a budget for the planned community. (2) The budget shall include moneys to be allocated to the reserve account under ORS 94.595. (3) Within 30 days after adopting the annual budget for the planned community, the board of directors shall provide a summary of the budget to all owners. (4) If the board fails to adopt a budget, the last adopted annual budget shall continue in effect. [1981 c.782 §39; 1999 c.677 §16; 2007 c.409 §8a]
OR Rev Stat § 94.650 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.650 - Meetings of lot owners; notice.

(1) The homeowners association shall conduct at least one meeting of the owners each calendar year. (2)(a) Special meetings of the association may be called by the president of the board of directors, by a majority of the board of directors or by the president or secretary upon receipt of a written request of a percentage of owners specified in the bylaws of the association. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the votes of the planned community for the purpose of calling a meeting. (b) If the bylaws do not specify a percentage of owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the owners make the request in writing. Notice of the special meeting must be given as specified in this section. (c) Business transacted at a special meeting must be confined to the purposes stated in the notice. (3) If the owners request a special meeting under subsection (2) of this section and the notice is not given within 30 days after the date the written request is delivered to the president or the secretary, an owner who signed the request may set the date, time and place of the meeting and give notice as provided in subsection (4) of this section. (4) Not less than 10 or more than 50 days before any meeting called under this section, the secretary or other officer specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each owner, or to the mailing address designated in writing by the owner, and to all mortgagees that have requested the notice. (5) The notice of a meeting must state the date, time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or, if the officer is elected by the owners, to remove an officer. (6) Mortgagees may designate a representative to attend a meeting called under this section. (7) A meeting of owners under this section, including special meetings, may be conducted as an electronic meeting if the electronic meeting: (a) Allows all owners participating to hear each other simultaneously and to be able to communicate during the meeting. (b) Provides for the verification that a person participating is an owner or is otherwise authorized to participate in the meeting. (c) Provides for owners to have access to material necessary to participate or vote during or before the meeting. (8) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1981 c.782 §40; 1999 c.677 §17; 2001 c.756 §17; 2007 c.409 §10; 2021 c.40 §4]
OR Rev Stat § 94.652 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.652 - Electronic notice to owner or director.

(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or ORS 94.550 to 94.783, in the discretion of the board of directors of the homeowners association, any notice, information or other written material required to be given to an owner or director under the declaration or bylaws or ORS 94.550 to 94.783, that otherwise complies with the requirements of ORS 94.550 to 94.783, may be given by electronic mail, facsimile or other form of electronic communication. (2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of: (a) Failure to pay an assessment; (b) Foreclosure of an association lien under ORS 94.709; or (c) An action the association may take against an owner. (3) An owner or director may decline to receive or to continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or ORS 94.550 to 94.783. (4) Notice by electronic communication under this section is considered delivered and effective when it: (a) Is initiated to an address, location or system designated by the recipient for that purpose; or (b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 §4; 2021 c.40 §5]
OR Rev Stat § 94.655 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.655 - Quorum for association meetings.

(1) Unless the declaration or bylaws of a homeowners association specify a greater percentage, a quorum for any meeting of the association consists of the number of persons who are entitled to cast 20 percent of the votes in a planned community. (2) If any meeting of the association cannot be organized because of a lack of a quorum, the owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. (3) Except as provided in subsection (4) of this section, the quorum for a meeting following a meeting adjourned for lack of a quorum is the greater of: (a) One-half of the quorum required in the declaration or bylaws; or (b) The number of persons who are entitled to cast 20 percent of the votes in the planned community. (4) A quorum is not reduced under subsection (3) of this section unless: (a) The meeting is adjourned to a date that is at least 48 hours from the time the original meeting was called; or (b) The meeting notice specifies: (A) That the quorum requirement will be reduced if the meeting cannot be organized because of a lack of a quorum; and (B) The reduced quorum requirement. (5) For the purpose of establishing a quorum under this section, an individual who holds a proxy and an absentee ballot, if absentee ballots are permitted, counts as a present owner. [1981 c.782 §41; 1999 c.677 §18; 2007 c.409 §11; 2009 c.641 §9; 2011 c.532 §4]
OR Rev Stat § 94.657 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.657 - Rules of order.

(1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert’s Rules of Order published by the Robert’s Rules Association. (2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. (3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. [2001 c.756 §4; 2009 c.641 §10]
OR Rev Stat § 94.658 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.658 - Voting or granting consent.

(1) Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote. (2) Unless the declaration or bylaws provide otherwise: (a) An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a lot owned or held in a fiduciary capacity if the fiduciary satisfies the secretary of the board of directors that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the lot in a fiduciary capacity. (b) When a lot is owned by two or more persons jointly, according to the records of the association: (A) Except as provided in this paragraph, the vote of the lot may be exercised by a co-owner in the absence of protest by another co-owner. If the co-owners cannot agree upon the vote, the vote of the lot shall be disregarded completely in determining the proportion of votes given with respect to such matter. (B) A valid court order may establish the right of co-owners’ authority to vote. [2001 c.756 §2; 2007 c.409 §12; 2009 c.641 §11]
OR Rev Stat § 94.660 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.660 - Method of voting or consenting.

(1) The vote or consent of a lot may be cast or given: (a) In person at a meeting of the homeowners association. (b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section. (c) Unless the declaration or bylaws or ORS 94.550 to 94.783 provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section. (d) By written ballot in lieu of a meeting under ORS 94.647. (e) By any other method specified by the declaration or bylaws or ORS 94.550 to 94.783. (2)(a) A proxy: (A) Must be dated and signed by the owner; (B) Is not valid if it is undated or purports to be revocable without notice; and (C) Terminates one year after its date unless the proxy specifies a shorter term. (b) The board of directors may not require that a proxy be on a form prescribed by the board. (c) An owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 94.647. (d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid. (3)(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. (b) All solicitations for votes by absentee ballot shall include: (A) Instructions for delivery of the completed absentee ballot, including the delivery location; and (B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions. (c) An absentee ballot shall be counted as an owner present for the purpose of establishing a quorum. (d) Even if an absentee ballot has been delivered to an owner, the owner may vote in person at a meeting if the owner has: (A) Returned the absentee ballot; and (B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection. [1981 c.782 §42; 1999 c.677 §19; 2003 c.569 §14; 2007 c.409 §13]
OR Rev Stat § 94.661 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.661 - Electronic ballot.

(1) As used in this section, "electronic ballot" means a ballot given by: (a) Electronic mail; (b) Facsimile transmission; (c) Posting on a website; or (d) Other means of electronic communication acceptable to the board of directors. (2) Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of a homeowners association, in its discretion, may provide that a vote, approval or consent of an owner may be given by electronic ballot. (3) An electronic ballot shall comply with the requirements of this section and the declaration or bylaws or ORS 94.550 to 94.783. (4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 94.652. (5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each owner and shall contain instructions on obtaining access to the posting on the website. (6) A vote made by electronic ballot is effective when it is electronically transmitted to an address, location or system designated by the board of directors for that purpose. (7) Unless otherwise provided in the declaration or bylaws or rules adopted by the board of directors, a vote by electronic ballot may not be revoked. (8) The board of directors may not elect to use electronic ballots unless there are procedures to ensure: (a) Compliance with ORS 94.647 if the vote conducted by written ballot under ORS 94.647 uses the procedures specified in ORS 94.647 (2)(b); and (b) That the electronic ballot is secret, if the declaration or bylaws or rules adopted by the board require that electronic ballots be secret. [2007 c.409 §5]
OR Rev Stat § 94.662 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 094 - Real Property Development|Section 94.662 - Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.

(1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 94.630 (1)(e)(E), the homeowners association shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owner. The notice shall, at a minimum: (a) Be mailed to the mailing address of each lot or to the mailing address designated in writing to the association by the owner; (b) Inform each owner of the general nature of the litigation or proceeding; (c) Describe the specific nature of the damages to be sought on the owner’s behalf; (d) Set forth the terms under which the association is willing to seek damages on the owner’s behalf, including any mechanism proposed for the determination and distribution of any damages recovered; (e) Inform each owner of the owner’s right not to have the damages sought on the owner’s behalf and specify the procedure for exercising the right; and (f) Inform the owner that exercising the owner’s right not to have damages sought on the owner’s behalf: (A) Relieves the association of its duty to reimburse or indemnify the owner for the damages; (B) Does not relieve the owner from the owner’s obligation to pay dues or assessments relating to the litigation or proceeding; (C) Does not impair any easement owned or possessed by the association; and (D) Does not interfere with the association’s right to make repairs to common areas. (2) Within 10 days of mailing the notice described in this section, any owner may request in writing that the association not seek damages on the owner’s behalf. If an owner makes such a request, the association shall not make or continue any claim or action for damages with regard to the objecting owner’s lot and shall be relieved of any duty to reimburse or indemnify the owner for damages under the litigation or proceeding. [1999 c.677 §37; 2001 c.756 §18]