reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.225 - Acquisition of special declarant rights by successor declarant; exceptions.

(1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant’s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor’s interest in the condominium, unless:
(a) The conveyance evidences an intent not to transfer any special declarant rights;
(b) An instrument executed by the transferor and the transferee evidences an intent not to transfer any special declarant rights and is recorded in the office of the recording officer of every county in which the property is located; or
(c) The transferee executes an instrument disclaiming any right to exercise any special declarant rights and such instrument is recorded in the office of the recording officer of every county in which the property is located.
(2) A transferee under subsection (1) of this section shall acquire less than all special declarant rights if:
(a) The conveyance from the transferor or an instrument executed by the transferor and the transferee evidences an intent to transfer less than all special declarant rights and states the specific right being transferred, and such instrument is recorded in the office of the recording officer of every county in which the property is located; or
(b) The transferee executes an instrument disclaiming specific special declarant rights and the instrument is recorded in the office of the recording officer of every county in which the property is located.
(3) When a transferee acquires all of the declarant’s interest in a condominium in which the declarant has reserved the right to add additional stages under ORS 100.125, the transferee shall not acquire the right to annex additional stages to the condominium unless the transferee simultaneously acquires from the declarant property adjacent to the condominium which is entitled to be annexed to the condominium, or unless the conveyance evidences an intent to transfer such right to the transferee.
(4) A declarant or a successor declarant may transfer all or less than all of the transferor’s special declarant rights to a transferee, whether or not any interest in real property is conveyed, by an instrument executed by the declarant or successor declarant and the transferee evidencing an intent to transfer all or specific special declarant rights, which instrument shall be recorded in the office of the recording officer of every county in which the property is located. If the transfer is not subject to subsection (1) of this section, it shall also bear the written consent of any holder of a blanket encumbrance on the condominium. [Formerly 94.103]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.250 - Documents required to be filed with Real Estate Agency; fees.

(1) The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (5):
(a) A Condominium Information Report described in ORS 100.260 (1) by the declarant not later than 90 days after the declaration is recorded under ORS 100.100 or by the board of directors if required under ORS 100.275.
(b) The Annual Report described in ORS 100.260 (2) by the declarant until the turnover meeting and the board of directors thereafter every year not later than the report date which shall be the anniversary date of filing the Condominium Information Report.
(c) An amendment to the reports required under this subsection by the declarant until the turnover meeting and the board of directors thereafter, within 30 days after there is a change in the information contained in a report.
(2) The Real Estate Agency shall collect the following fees for the documents delivered for filing:
______________________________________________________________________________
Document
Fee
(a) Condominium Information
Report $100
(b) Annual Report $ 25
(c) Amendment $ 75
(d) Application for
Termination Statement $ 75
(e) Statement of Resignation $ 75
______________________________________________________________________________
(3) Any fee paid under subsection (2) of this section or ORS 100.275 may be a common expense of the condominium. [1989 c.595 §38; 1991 c.132 §13; 1995 c.31 §4; 2001 c.756 §37]
Note:
100.250 to 100.290 were added to and made a part of ORS 100.005 to 100.910 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.255 - Processing of documents filed with Real Estate Agency; procedures.

(1) If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (1) satisfies the requirements of ORS 100.260, and all fees have been paid, the Real Estate Agency shall file the document and designate the filing "current."
(2) The Real Estate Agency files a document by indicating thereon that it has been filed by the Real Estate Agency and the date of filing. The time of filing shall be considered to be 12:01 a.m. on that date. After filing a document, the Real Estate Agency shall return a copy to the association.
(3) If the Real Estate Agency refuses to file a document, the Real Estate Agency shall return it to the association within 10 business days after the document was received by the Real Estate Agency, together with a brief written explanation of the reason or reasons for the refusal.
(4) The Real Estate Agency’s duty to file documents under this section and ORS 100.250 is ministerial. The Real Estate Agency is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Real Estate Agency for filing. The Real Estate Agency’s filing or refusing to file a document does not:
(a) Affect the validity or invalidity of the document in whole or in part; or
(b) Relate to the correctness or incorrectness of information contained in the document.
(5) The Real Estate Agency’s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect.
(6) If the Real Estate Agency refuses to file a document delivered to the Real Estate Agency for filing, the association, in addition to any other legal remedy which may be available, shall have the right to appeal from such final order pursuant to the provisions of ORS 183.484. [1989 c.595 §39; 1995 c.31 §5]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.260 - Condominium Information and Annual Reports; contents; fees.

(1) The Condominium Information Report required under ORS 100.250 (1)(a) must set forth:
(a) The name of the association;
(b) The name of the condominium and the county in which the condominium is located;
(c) The mailing address, including the street and number, if any, and county of the association;
(d) The date the condominium declaration was recorded and the recording index numbers;
(e) The name and residence or business address, including the street and number, of the person designated as agent to receive service of process in cases provided in ORS 100.550 (1) and any other legal proceeding relating to the condominium or association; and
(f) The number and type of units as follows:
No._____ Living Units
No._____ Commercial/Office Units
No._____ Other (describe) ________
________________________
(2) The Annual Report required under ORS 100.250 (1)(b) must set forth:
(a) The information required under subsection (1)(a), (b), (c) and (e) of this section;
(b) The names and addresses of the secretary and the chairperson or president of the association; and
(c) If the designated agent is changed, a statement that the new agent has consented to the appointment.
(3) The amendment required under ORS 100.250 (1)(c) must set forth:
(a) The name of the association as shown on the current records of the Real Estate Agency;
(b) The name of the condominium and county in which the condominium is located;
(c) A statement of the information as changed; and
(d) If the current designated agent is to be changed, the name of the new designated agent and residence or business address, including the street and number, and a statement that the new agent has consented to the appointment.
(4) The filing by the Real Estate Agency of an amendment that changes the designated agent must terminate the existing designated agent on the effective date of the filing and establish the newly appointed designated agent as that of the association.
(5) The reports and amendment described in this section and an application for termination described in ORS 100.280 must be made in a format prescribed and furnished by the Real Estate Agency and must be accompanied by the correct filing fee and shall:
(a) Contain information current as of 30 days before delivery for filing;
(b) Be executed by the declarant until the turnover meeting and thereafter by the secretary, president or chairperson of the association;
(c) State beneath or opposite the signature the name of the person and the capacity in which the person signs; and
(d) As required or allowed by rule of the Real Estate Agency:
(A) Contain any necessary additional identifying information; and
(B) Be completed by electronic communications, including receipt of the filing fee. [1989 c.595 §40; 1995 c.31 §6; 2001 c.756 §38; 2019 c.69 §42; 2019 c.403 §1a]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.265 - Annual Report; notification; filing.

(1) Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association’s address in the current records of the agency. Failure of the association to receive the notice does not relieve the association of its duties under ORS 100.250 (1).
(2) After the report date, if no Annual Report has been delivered for filing, the Real Estate Agency shall send to the designated agent a notice of delinquency notifying the association that the filing shall be designated "delinquent" unless a report is filed within 45 days after the mailing of such notice.
(3) When an association has been given a notice of delinquency in accordance with subsection (2) of this section and failed to correct the delinquency within 45 days:
(a) The Real Estate Agency shall designate the filing "delinquent."
(b) If within 30 days after written notice has been given to the association by the opposing party in any suit or action to which the association is a party, the association has not complied with the filing requirements of ORS 100.250 (1), the association may not continue to prosecute or defend such suit or action until the filing is designated "current" as provided in ORS 100.255. A copy of such notice shall be delivered to the Real Estate Agency. The Real Estate Agency shall retain such copy with the filing for the association for a period of not less than 12 months. [1989 c.595 §41; 1995 c.31 §7; 2019 c.403 §2]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.275 - Application of ORS 100.250 to 100.280.

(1) Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if:
(a) The board of directors of the association receives a written request to comply with such sections from at least one unit owner or holder of a first mortgage or deed of trust on a unit;
(b) The board of directors of the association adopts a resolution to comply with such sections in accordance with the bylaws;
(c) The association is a party to a suit or action, the person designated in the declaration under ORS 100.105 (1)(L), the chairperson, president or secretary receives written notice to comply with such sections from any other party to such suit or action. A copy of the notice must be delivered to the Real Estate Agency. The Real Estate Agency shall provide a copy of the filed report to the requesting party and may charge the association a fee for cost of such action. If the association fails to deliver for filing such report, the provisions of ORS 100.265 (3) apply; or
(d) A filing is required to comply with the requirements of ORS 100.120, 100.135 or 100.450.
(2) The Condominium Information Report required under subsection (1) of this section must be executed by the association. [1989 c.595 §42; 1995 c.31 §8; 2001 c.756 §60; 2007 c.410 §18; 2019 c.69 §43; 2019 c.403 §3]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.280 - Termination of filing Condominium Information Report.

(1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of ORS 100.260 (5) and set forth:
(a) The name of the association as shown on the current records of the Real Estate Agency;
(b) The name of the condominium and county in which the condominium is located;
(c) The name and residence or business address, including the street and number, of a designated agent to whom a person initiating any proceeding may direct service for a period of two years; and
(d) A commitment to notify the Real Estate Agency for a period of two years from the date of termination of any change of the person or address stated in paragraph (c) of this subsection.
(2) A copy of the instrument of termination, evidencing the recording index numbers, recorded under ORS 100.600, shall be delivered with the application.
(3) Upon filing by the Real Estate Agency of the application to terminate the filing, the duty of the association to comply with ORS 100.250 (1) shall cease. [1989 c.595 §43; 1995 c.31 §9]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.285 - Resignation of designated agent; procedures; effective date.

(1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS 100.250 and giving notice in the form of a copy of the statement to the association. The statement shall include the name of the association and the name of the condominium and the county in which the condominium is located.
(2) Upon receipt of the statement of resignation in proper form and the correct fee, the Real Estate Agency shall file the resignation statement. The copy of the statement given under subsection (1) of this section shall be mailed to the association at the mailing address shown for the association in the current records of the office. For purposes of this subsection, written notice is effective at the earliest of the following:
(a) When received;
(b) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed; or
(c) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested and the receipt is signed by or on behalf of the addressee.
(3) The agency appointment is terminated on the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency unless the association sooner appoints a successor designated agent as provided in ORS 100.260 (4), thereby terminating the capacity of the prior agent.
(4) If by the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency, the association has failed to submit for filing an amendment appointing a designated agent, the Real Estate Agency shall designate the filing "delinquent" and the provisions of ORS 100.265 (3) shall apply. [1989 c.595 §43a; 1993 c.190 §16; 1995 c.31 §10]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.290 - Rules.

The Real Estate Agency may adopt rules as are necessary or proper for the administration of ORS 100.250 to 100.280. [1989 c.595 §44; 1995 c.31 §11]
Note:
See note under 100.250.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.300 - Inapplicability of ORS 100.301 to 100.320 to transient lodgings.

ORS 100.301 to 100.320 do not apply to units rented as transient lodgings at a hotel, motel or inn and do not apply to negotiations, arrangements or agreements for such transient occupancy of the units. [Formerly 94.109]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.301 - Definitions for ORS 100.301 to 100.320.

As used in ORS 100.301 to 100.320, "dwelling unit" and "tenant" have the meanings given those terms in ORS 90.100. [2007 c.410 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.310 - Rights of tenants in conversion.

(1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall:
(a) Terminate 60 days after its receipt or upon written rejection of the offer by the tenant, whichever occurs earlier.
(b) Be accompanied by a copy of all applicable disclosure statements issued by the Real Estate Commissioner pursuant to ORS 100.700.
(c) Not constitute a notice to terminate the tenancy.
(2) The tenant’s dwelling unit may not be shown to any prospective purchasers of a conversion condominium unit without the tenant’s permission before the termination of the tenancy.
(3) The declarant shall not sell the unit to a person other than the tenant during the 60 days following the termination of an offer to the tenant under subsections (1) and (2) of this section at a price or on terms more favorable to the purchaser than the price or terms offered to the tenant.
(4) After the property has been submitted to the provisions of the Oregon Condominium Act, the declarant, until a unit is offered for sale in accordance with subsections (1) and (2) of this section, shall notify in writing any prospective tenant, prior to the commencement of the tenancy, that the property has been submitted to the provisions of the Oregon Condominium Act and the rights of a tenant under subsections (1) to (3) of this section. [Formerly 94.122; 1997 c.816 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.315 - Improvements in conversion condominium during notice period.

(1) The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant’s permission during the 120-day notice period prescribed by ORS 100.305 (1).
(2) The declarant may begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in the general common elements during the 120-day notice period. Improvements to or rehabilitation of general common elements may be conducted only between the hours of 8 a.m. and 7 p.m. Unless the declarant and tenant agree otherwise, the declarant must allow each tenant safe and ready ingress to and egress from the tenant’s dwelling unit during the improvement or rehabilitation work.
(3) A tenant may bring an action against a declarant that violates subsection (2) of this section to recover the greater of actual damages or the equivalent of one month’s dwelling unit rent. [Formerly 94.128; 2007 c.705 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.320 - Authority of city or county to require developer to pay tenant moving expenses.

A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. [Formerly 94.134]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.407 - Annual and special meetings of association.

(1) The association of unit owners shall conduct at least one meeting of the owners each calendar year.
(2)(a) Special meetings of the association may be called by the chairperson or president of the board of directors, by a majority of the board of directors or by the chairperson, president or secretary upon receipt of a written request of a percentage of unit owners specified in the bylaws. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the unit owners for the purpose of calling a meeting.
(b) If the bylaws do not specify a percentage of unit owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the unit owners make the request in writing. Notice of the special meeting must be given as specified in this section.
(3) If the unit 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 chairperson or president or the secretary, a unit 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)(a) Not less than 10 nor more than 50 days before any meeting called under this section, the secretary or other officer of the association specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each unit owner or to the mailing address designated in writing by the unit owner, and to all mortgagees that have requested the notice.
(b) The notice 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 of the association.
(5) Mortgagees may designate a representative to attend a meeting called under this section.
(6) 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.
(7) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1999 c.677 §59; 2003 c.569 §30; 2007 c.409 §25; 2019 c.69 §35; 2021 c.40 §7]
Note:
100.407 and 100.408 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.408 - Quorum for meeting of association.

(1) Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights.
(2) If any meeting of the association of unit owners cannot be organized because of a lack of a quorum, the unit owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.
(3) Subject to 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 bylaws; or
(b) The number of persons who are entitled to cast 20 percent of the votes in the association of unit owners.
(4) The 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 date the original meeting was called; or
(b) The meeting notice specifies:
(A) 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. [1999 c.677 §60; 2007 c.409 §26; 2009 c.641 §25; 2011 c.532 §10]
Note:
See note under 100.407.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.409 - 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 §58; 2009 c.641 §26]
Note:
100.409 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.411 - Restated bylaws.

(1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include:
(a) The words "Restated Bylaws" in the title of the bylaws;
(b) All previously adopted amendments that are recorded and in effect;
(c) A statement that the board of directors has adopted a resolution under this subsection to restate and record amended bylaws under this section;
(d) A reference to the recording index numbers and date of recording of the initial bylaws and of all previously recorded amendments to the bylaws that are in effect and are being codified; and
(e) A certification by the association that:
(A) The restated bylaws include all previously adopted amendments that are recorded and in effect; and
(B) Other changes were not made to the bylaws except, if applicable, to correct scriveners’ errors or to conform format and style.
(2) In the preparation of restated bylaws under this section, the board may not make any changes to the bylaws except as necessary to correct a scriveners’ error or to conform format and style.
(3) If the restated bylaws conflict with the recorded and effective document that amended the bylaws, the document that amended the bylaws controls.
(4) A restatement of bylaws prepared and recorded under this section must be:
(a) Executed and acknowledged by the chairperson or president of the association and by the secretary of the association;
(b) Approved by the Real Estate Commissioner if required under ORS 100.413; and
(c) Recorded in the office of the recording officer of every county in which the condominium is located. [2019 c.69 §12]
Note:
100.411 and 100.413 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.413 - Approval of amended or restated bylaws.

(1)(a) For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner.
(b) Within five years after the recording of bylaws recorded on or after October 3, 1989, an amendment to the bylaws must be approved by the Real Estate Commissioner.
(2) Except as provided by subsection (4) of this section, notwithstanding a requirement in the bylaws that any amendment to the bylaws be approved by the commissioner, amendments adopted more than five years after recording the initial bylaws do not require approval by the commissioner.
(3) Bylaws that are restated under this chapter on or after July 14, 2003, and within five years of the recording of the bylaws must be approved by the commissioner.
(4) Bylaws recorded on or after January 1, 2020, may require that any or all amendments to the bylaws or restatements of the bylaws under ORS 100.411 be approved by the commissioner under this section.
(5) The person submitting amended bylaws or restated bylaws for approval shall submit a filing in accordance with ORS 100.668 and the fee required by ORS 100.670.
(6) Upon compliance with subsection (5) of this section, the commissioner shall approve:
(a) A bylaw amendment that complies with ORS 100.410 and 100.415 and this section; and
(b) Restated bylaws that comply with ORS 100.411 and this section.
(7) If the amended bylaw or restated bylaws approved by the commissioner under this section are not recorded as required in ORS 100.410 or 100.411 within one year from the date of approval by the commissioner, the approval expires and the amended bylaw or restated bylaws must be resubmitted for approval. The commissioner’s approval must set forth the date on which the approval expires.
(8) An association of unit owners may request that the commissioner approve a bylaw amendment or restated bylaws under ORS 100.411 for which approval is not required under this section, subject to subsections (5) and (7) of this section.
(9) The association shall submit a copy of the recorded bylaw amendment or restated bylaws to the commissioner. [2019 c.69 §13]
Note:
See note under 100.411.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.416 - Criteria for board of directors membership.

(1) Each member of the board of directors of the association of unit owners must be an individual and, except as provided in subsections (2) and (3) of this section, an owner or co-owner of a unit in the condominium.
(2) A director appointed by a declarant under ORS 100.200 need not be an owner or co-owner of a unit in the condominium.
(3)(a) Except as otherwise provided in the bylaws, prior to election to the board of directors, an individual described in this subsection, upon request of the board, shall provide the board with documentation satisfactory to the board that the individual is qualified to represent the entity or is a trustee or is serving in a fiduciary capacity for the owner of a unit.
(b) If a corporation, limited liability company or partnership owns a unit in the condominium or owns an interest in an entity that owns a unit in the condominium, an officer, employee or agent of a corporation, a member, manager, employee or agent of a limited liability company, or a partner, employee or agent of a partnership may serve on the board of directors.
(c) A trustee may serve on the board of directors if the trustee holds legal title to a unit in the condominium in trust for the benefit of the owner of the beneficial interest in the unit.
(d) An executor, administrator, guardian, conservator, or other individual appointed by a court to serve in a fiduciary capacity for an owner of a unit, or an officer or employee of an entity if the person appointed is an entity, may serve on the board of directors.
(4) The position of an individual serving on the board of directors under subsection (3) of this section automatically becomes vacant if the individual no longer meets the requirements of subsection (3) of this section. [2009 c.641 §18]
Note:
100.416 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.417 - Board of directors of association; powers and duties.

(1) The board of directors of an association of unit owners may act on behalf of the association except as limited by the declaration or bylaws. In the performance of their duties, officers and members of the board of directors shall be 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 (8) of this section, unless otherwise provided in the bylaws, the board of directors of an association 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) The board of directors, in the name of the association, shall maintain a current mailing address.
(7) The board of directors shall cause to be maintained and kept current the information required to enable the association to comply with ORS 100.480 (11).
(8)(a) Unless otherwise provided in the declaration or bylaws, at a meeting of the unit owners at which a quorum is present, the unit 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 unit 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, unit owners must give the director whose removal has been proposed an opportunity to be heard at the meeting.
(B) The unit owners must vote on the removal of each director whose removal is proposed as a separate question.
(C) Removal of a director by unit owners is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting required under ORS 100.407.
(c) A director who is removed by the unit owners remains a director until a successor is elected by the unit owners or the vacancy is filled as provided in subsection (9) of this section.
(9) Unless the declaration or bylaws specifically prescribe a different procedure for filling a vacancy created by the removal of a director by unit owners, the unit owners shall fill a vacancy created by the removal of a director by the unit owners at a meeting of unit owners. The notice of the meeting must state that filling a vacancy is an item on the agenda. [1999 c.677 §63; 2001 c.756 §42; 2003 c.569 §32; 2009 c.641 §37; 2011 c.532 §11]
Note:
100.417 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.

(1) Subject to subsection (2) of this section, if an association of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, a unit owner or a first mortgagee of a unit may request the circuit court of the county in which the condominium is located to appoint a receiver to manage the affairs of the association.
(2) At least 45 days before a unit owner or first mortgagee of a unit requests the circuit court to appoint a receiver under subsection (1) of this section, the unit 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 unit owners of the proposed action.
(3) The notice shall be signed by the unit owner or first mortgagee of the unit 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 unit 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 100.210 the unit 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, a unit owner shall give the notice to all other unit 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 §19; 2017 c.358 §51]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.419 - Assent of director to board action.

(1) A director of an association of unit owners 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 §22]
Note:
See note under 100.418.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.423 - Electronic notice to owner or director.

(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or this chapter, in the discretion of the board of directors of the association of unit owners, any notice, information or other written material required to be given to a unit owner or director under the declaration or bylaws or this chapter, that otherwise complies with this chapter, may be given by electronic mail, facsimile or other form of electronic communication acceptable to the board of directors.
(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 100.450;
(c) An action the association may take against a unit owner; or
(d) An offer to use the dispute resolution program under ORS 100.405.
(3) A unit owner or director may decline to receive or 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 this chapter.
(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 §20; 2021 c.40 §8]
Note:
See note under 100.418.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.427 - Methods of voting.

(1) The voting rights or consent of a unit owner may be cast or given:
(a) In person at a meeting of the association of unit owners.
(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 this chapter 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 100.425.
(e) By any other method specified by the declaration or bylaws or this chapter.
(2)(a) A proxy:
(A) Must be dated and signed by the unit 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) A unit 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 of unit owners or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 100.425.
(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 a unit owner present for the purpose of establishing a quorum.
(d) Even if an absentee ballot has been delivered to a unit owner, the unit owner may vote in person at a meeting if the unit 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. [1999 c.677 §61; 2003 c.569 §35; 2007 c.409 §28]
Note:
100.427 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.428 - 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 an association of unit owners, in the board’s discretion, may provide that a vote, approval or consent of a unit 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 this chapter.
(4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 100.423.
(5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each unit 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 100.425 if the vote conducted by written ballot under ORS 100.425 uses the procedures specified in ORS 100.425 (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 §21]
Note:
100.428 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 100 - Condominiums › Section 100.430 - Unit deeds; contents.

The deed of a unit shall contain:
(1) The name of the property, and the recording index numbers and date of recording of the declaration and in the case of a staged or flexible condominium, the applicable supplemental declaration or declaration amendment.
(2) The unit designation of the unit.
(3) Any further details the grantor and grantee may consider desirable. [Formerly 94.171]