2011 ORS § 94.647¹
Use of written ballot for approving or rejecting matters subject to meeting of association members
- • procedures
- • exceptions
(1) Unless prohibited or limited by the declaration or bylaws, any action that may be taken at any annual, regular or special meeting of the homeowners association may be taken without a meeting if the association delivers a written ballot to every association member that is entitled to vote on the matter. Action by written ballot may not substitute for the following meetings:
(a) A turnover meeting required under ORS 94.616 (Turnover meeting).
(b) An annual meeting of an association if more than a majority of the lots are the principal residences of the occupants.
(c) A meeting of the association if the agenda includes a proposal to remove a director from the board of directors.
(d) A special meeting of the association called at the request of owners under ORS 94.650 (Meetings of lot owners) (2).
(2)(a) A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.
(b) The board of directors must provide owners with at least 10 days notice before written ballots are mailed or otherwise delivered. If, at least three days before written ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the owners petition the board of directors requesting secrecy procedures, subject to paragraph (d) of this subsection, a written ballot must be accompanied by:
(A) A secrecy envelope;
(B) A return identification envelope to be signed by the owner; and
(C) Instructions for marking and returning the ballot.
(c) The notice required under paragraph (b) of this subsection shall state:
(A) The general subject matter of the vote by written ballot;
(B) The right of owners to request secrecy procedures specified in paragraph (b) of this subsection;
(C) The date after which ballots may be distributed;
(D) The date and time by which any petition requesting secrecy procedures must be received by the board; and
(E) The address where any petition must be delivered.
(d) The requirements of paragraph (b)(A) and (B) of this subsection do not apply to a written ballot of an owner if the consent or approval of that owner is required by the declaration or bylaws or ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply).
(3) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows:
(a) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for the return of ballots has passed, a quorum of owners has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; or
(b) If approval of a proposed action otherwise would require a meeting at which a specified percentage of owners must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds the required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and the required percentage has not been met.
(4) All solicitations for votes by written ballot shall state the following:
(a) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet the quorum requirement;
(b) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval; and
(c) The period during which the association will accept written ballots for counting in accordance with subsection (5) of this section.
(5)(a) The association shall accept written ballots for counting during the period specified in the solicitation under subsection (4) of this section. Except as provided in paragraph (b) of this subsection, the period shall end on the earliest of the following dates:
(A) If approval of a proposed action by written ballot requires that a certain percentage of the owners approve the proposal, the date on which the association has received a sufficient number of approving ballots;
(B) If approval of a proposed action by written ballot requires that a certain percentage of the owners approve the proposal, the date on which the association has received a sufficient number of disapproving ballots to render approval impossible; or
(C) In all cases, a specified date certain on which all ballots must be returned to be counted.
(b) If the vote is by secrecy procedure under subsection (2)(b) of this section, the period shall end on the date specified in the solicitation or any extension under paragraph (c) of this subsection.
(c) Except as otherwise provided in the declaration or bylaws, in the discretion of the board of directors, if a date certain is specified in the solicitation under subsection (4) of this section, the period may be extended by written notice of the extension given to all owners before the end of the specified date certain.
(6) Except as otherwise provided in the declaration or bylaws, unless the vote is by secrecy procedure under subsection (2)(b) of this section, a written ballot may be revoked before the final return date of the ballots.
(7) Unless otherwise prohibited by the declaration or bylaws, the votes may be counted from time to time before the final return date of the ballots to determine whether the proposal has passed or failed by the votes already cast on the date the ballots are counted.
(8) Notwithstanding subsection (7) of this section, written ballots that are returned in secrecy envelopes may not be examined or counted before the date certain specified in the solicitation or any extension under subsection (5)(c) of this section. [1999 c.677 §31; 2001 c.756 §16; 2003 c.569 §13; 2007 c.409 §9]