Relocation of unit boundaries and common elements by amendment to declaration
(1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section.
(2)(a) The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must:
(A) Include a reference to the recording index numbers and date of recording of the declaration, bylaws, plat and any applicable amendments, supplemental declaration and supplemental plat;
(B) State that the amendment is adopted and recorded under this section;
(C) Identify the units involved;
(D) State any reallocations of common element interest, voting rights, common expense liability and right to common profits; and
(E) Contain words of conveyance.
(b) If the declaration provides that the method of determining any of the reallocations described in paragraph (a)(D) of this subsection is based on the area of the unit, the reallocation must be calculated according to the area of the affected units as originally stated in the declaration, notwithstanding any change in the total area of the affected units. The amendment may not change the allocations of any other units.
(3) The board of directors shall approve the amendment unless it determines within 45 days that the reallocations are unreasonable or the relocation or elimination will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.
(4) The board of directors of the association of unit owners may require the owners of the affected units to submit an opinion of a registered architect or registered professional engineer that the proposed relocation or elimination will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.
(5) The board of directors of the association or any agent appointed by the board of directors may supervise the work necessary to effect the boundary relocation or elimination.
(6) Any expenses incurred under subsections (4) and (5) of this section shall be charged to the owners of the units requesting the boundary relocation or elimination.
(7) An amendment described in this section is not effective unless:
(a) Executed by the owners and approved by the mortgagees or trust deed beneficiaries of the affected units;
(b) Executed and certified by the association as required in ORS 100.135 (Amendments to declaration) (2);
(c) Approved by the Real Estate Commissioner, county tax collector and county tax assessor as required by ORS 100.110 (Approval of declaration, supplemental declaration or amendment required); and
(d) Recorded in the deed records of each county in which the condominium is located.
(8) An amendment to the plat and any floor plans necessary to show the altered boundaries between the adjoining units shall be recorded in accordance with ORS 100.116 (Plat amendment). [Formerly 94.053; 2003 c.569 §25; 2009 c.641 §46; 2019 c.69 §8]
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