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 100.627 (Electric vehicle charging stations), 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 is certified by the association as being adopted in accordance with the declaration and the provisions of this section, acknowledged and 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 must be approved by all unit owners if:

(i) The amendment changes the boundary of the property submitted to the condominium form of ownership;

(ii) The amendment changes the boundary of a unit; or

(iii) The amendment creates an additional unit from common elements or part of one or more units, or both.

(B) An amendment under this subsection constitutes a conveyance and must include words of conveyance and, if an additional unit is created, must state the name of the grantee and unit designation. If an additional unit is created from common elements, the association is the initial grantee of the additional unit. A subsequent conveyance of the additional unit must be made by a deed certified by the association and acknowledged.

(C) An amendment that changes the boundary of a unit must also be executed by the owners of all affected units, and approved by lenders holding a security in the unit.

(b) An amendment that adds property owned by the association to the condominium as a common element constitutes a conveyance and must:

(A) Be approved by at least 75 percent of owners;

(B) Contain words of conveyance;

(C) Be certified by the association 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) if the amendment includes changes that are inconsistent with the surveyor’s certificate or other information on the plat, a supplemental plat or a plat amendment, and that require a plat amendment under ORS 100.116 (Plat amendment).

(c) Paragraph (b) of this subsection does not require that property acquired or held by the association pursuant to ORS 100.405 (Association of unit owners) (4)(i) be added to the condominium.

(d) If the association owns the fee title to the real property underlying a leasehold condominium, the association may amend the declaration under paragraph (b) of this subsection to require the fee title interest to submit to the requirements of this chapter.

(6) Except as otherwise provided in ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations), 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 unless the declarant waives the declarant’s right of consent.

(8) This section does not 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), an amendment under this section must be voted on 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 declarant’s 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 is 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 the amendment was recorded or the face of the recorded amendment indicates that the amendment did not receive the votes required for approval. Nothing in this subsection prevents the further amendment of an amended declaration or plat in accordance with ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations).

(11) An amendment to a declaration or supplemental declaration, including an amendment under this section or ORS 100.515 (Interest of units in common elements) (5), must conform to any format and include any additional information required by 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; 2019 c.69 §9]

(formerly 94.004 to 94.480)

See also annota­tions under ORS 91.505 to 91.675 in permanent edi­tion.

Notes of Decisions

Even if declara­tions filed for purpose of bringing develop­ment within condominium law were defective for failure to conform to statutory require­ments, develop­ment was not vitiated but deficiencies would constitute mis­take in transac­tion thus making instru­ment eligible for reforma­tion in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

Developers of planned unit develop­ments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

Purchasers of condominium units are automatically members of the unit owners associa­tion and subject to its declara­tion and bylaws; where those declara­tions and bylaws provide discre­tion to the Board of Directors to assess for fees necessary to create a “unified plan for the develop­ment and opera­tion” of the condominium, and the purchaser has alleged no abuse of discre­tion, the judg­ment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

Acquisi­tion of prop­erty by condominium associa­tion is not limited to prop­erty subject to annexa­tion require­ments. Gier’s Liquor v. Associa­tion of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

Law Review Cita­tions

16 WLR 253 (1979)

Chapter 100

Notes of Decisions

This chapter does not authorize regula­tion by the Real Estate Division of sales of “right to use” time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

Law Review Cita­tions

18 WLR 95 (1982)

1 Legislative Counsel Committee, CHAPTER 100—Condominiums, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors100.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 100, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano100.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information