2011 ORS § 100.135¹
Amendments to declaration
- • requirements
- • procedure
(1) Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the association of unit owners or by at least 30 percent of the unit owners.
(2) Except as otherwise provided in ORS 100.005 (Definitions) to 100.625 (Procedure for dividing or converting units), an amendment of the declaration is not effective unless:
(a) The amendment is approved by the unit owners as provided in this section and the Real Estate Commissioner and county assessor according to ORS 100.110 (Approval of declaration, supplemental declaration or amendment required); and
(b) The amendment, certified by the chairperson and secretary of the association of unit owners as being adopted in accordance with the declaration and the provisions of this section and acknowledged in the manner provided for acknowledgment of deeds, is recorded notwithstanding a provision in a declaration, including a declaration recorded before January 1, 2002, that requires amendments to be executed and acknowledged by all owners approving the amendment.
(3) Except as otherwise provided in ORS 100.105 (Contents of declaration) or 100.130 (Relocation of unit boundaries and common elements by amendment to declaration) or this section, the declaration may be amended only with the approval of at least 75 percent of owners, or such greater percentage as may be required by the declaration.
(4) Unless the declaration requires a greater percentage:
(a) The declaration and plat may be amended to change a general common element to a limited common element or change the boundary of a limited common element with the approval of at least 75 percent of owners and approval of the owners of all units to which the limited common element appertains.
(b) The declaration may be amended to change a limited common element, or portion thereof, to a general common element with the approval of the owners of all units to which the limited common element appertains and the board of directors.
(5)(a)(A) Except as otherwise provided in ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property), 100.130 (Relocation of unit boundaries and common elements by amendment to declaration), 100.515 (Interest of units in common elements), 100.600 (Termination of association or removal of real property by unit owners), 100.605 (Removal of property from association) and 100.625 (Procedure for dividing or converting units) and paragraph (b) of this subsection or other provisions of the Oregon Condominium Act, an amendment that changes the boundary of the property or a unit or creates an additional unit from common elements shall be approved by all unit owners.
(B) The amendment constitutes a conveyance and shall include words of conveyance and, if an additional unit is created from common elements, shall state the name of the grantee and unit designation. If an additional unit is created from common elements, the association shall be named as the initial grantee of the additional unit.
(C) In addition to the certification required under subsection (2)(b) of this section, an amendment to the boundary of a unit shall also be executed by the owners of all affected units.
(b) An amendment that adds property owned by the association to the condominium as a common element constitutes a conveyance and shall:
(A) Be approved by at least 75 percent of owners;
(B) Contain words of conveyance;
(C) Be executed by the chairperson and secretary of the association on behalf of the unit owners and be certified in accordance with subsection (2)(b) of this section; and
(D) Be accompanied by a plat amendment in accordance with ORS 100.116 (Plat amendment).
(c) Nothing in paragraph (b) of this subsection is intended to require property acquired or held by the association pursuant to ORS 100.405 (Association of unit owners) (4)(i) to be added to the condominium.
(6) Except as otherwise provided in ORS 100.005 (Definitions) to 100.625 (Procedure for dividing or converting units), an amendment may not change the allocation of undivided interest in the common elements, the method of determining liability for common expenses, the method of determining the right to common profits or the method of determining voting rights of any unit unless such amendment has been approved by the owners of the affected units.
(7) The declaration may not be amended to limit or diminish any right of a declarant reserved under ORS 100.105 (Contents of declaration) (2) or (7) or any other special declarant right without the consent of the declarant. However, the declarant may waive the declarants right of consent.
(8) Nothing in this section shall affect any other approval that may be required by the declaration, bylaws or other instrument.
(9) During a period of declarant control reserved under ORS 100.200 (Declarant control of association), voting on an amendment under this section must be without regard to any weighted vote or other special voting allocation reserved by the declarant unless the declaration provides that the declarant has the right to exercise the voting rights with respect to specifically described amendments. Nothing in this subsection prohibits a declarant from reserving the right that declarants consent is required for an amendment during a period of declarant control reserved in the declaration.
(10) An amendment to a declaration or a supplemental declaration shall be conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to such amendment unless an action is brought within one year after the date such amendment was recorded or the face of the recorded amendment indicates that the amendment received the approval of fewer votes than are required for such approval. However, nothing in this subsection shall prevent the further amendment of an amended declaration or plat in accordance with ORS 100.005 (Definitions) to 100.625 (Procedure for dividing or converting units).
(11)(a) The board of directors, by resolution and without the further approval of the unit owners, may cause a restated declaration to be prepared and recorded to codify individual amendments that have been adopted in accordance with this section.
(b) A declaration restated under this subsection must:
(A) Include all previously adopted amendments that are in effect and may not include any other changes except to correct scriveners errors or to conform format and style;
(B) Include a statement that the board of directors has adopted a resolution in accordance with paragraph (a) of this subsection and is causing the declaration to be restated and recorded under this subsection;
(C) Include a reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified;
(D) Include a certification by the chairperson and secretary of the association that the restated declaration includes all previously adopted amendments that are in effect, that amendments were approved by the county assessor and tax collector if required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and that no other changes were made except, if applicable, to correct scriveners errors or to conform format and style;
(E) Be executed and acknowledged by the chairperson and secretary of the association and recorded in the deed records of each county in which the condominium is located; and
(F) Be approved by the commissioner, and by the county assessor and the tax collector under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) if the restated declaration includes any amendments required to be approved by the county assessor and the tax collector under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) but not previously approved.
(c) The board of directors shall cause a copy of the recorded restated declaration, including the recording information, to be filed with the commissioner. [Formerly 94.059; 1995 c.31 §3; 1997 c.816 §6; 1999 c.677 §70; 2001 c.756 §31; 2003 c.569 §26; 2009 c.641 §21]