Adoption of bylaws
- • amendment
(1) The declarant shall adopt and execute on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws must be approved by the Real Estate Commissioner and recorded simultaneously with the declaration as an exhibit or as a separate instrument.
(2) Provisions of the bylaws that regulate amendments to the bylaws:
(a) Must be consistent with the provisions of this chapter operative on the date the bylaws are recorded.
(b) Control the amendment process.
(c) May be used to amend provisions of the bylaws related to the amendment process as needed to be in compliance with the provisions of this chapter in effect on the date the amendment becomes effective.
(3) Unless otherwise provided in the declaration or bylaws, amendments to the bylaws may be proposed by a majority of the board of directors or by at least 30 percent of the owners.
(4) An amendment of the bylaws is not effective unless the amendment is:
(a) In compliance with subsections (5), (6) and (7) of this section and ORS 100.415 (Contents of bylaws) (1)(t);
(b) Approved by at least a majority of the unit owners;
(c) Certified by the association as adopted in accordance with the bylaws and the provisions of this section and acknowledged;
(d) Approved by the Real Estate Commissioner if required under ORS 100.413 (Approval of amended or restated bylaws); and
(e) Recorded in the office of the recording officer of each county in which the condominium is located.
(5) In condominiums that are exclusively residential:
(a) The bylaws may not require more than a majority of the unit owners to amend the bylaws.
(b) Notwithstanding paragraph (a) of this subsection, amendments relating to age restrictions, pet restrictions, limitations on the number of persons who may occupy units and limitations on the rental or leasing of units are not effective unless approved by at least 75 percent of the owners or a greater percentage specified in the bylaws.
(6) If the declaration specifies that any of the units will be used for residential purposes, an amendment to the bylaws relating to a matter in subsection (5)(b) of this section is not effective unless the amendment is approved by 75 percent, or any greater percent specified by the bylaws, of the owners of units that the declaration specifies will be used for residential purposes.
(7) The bylaws may not be amended to limit or diminish any special declarant right without the consent of the declarant or unless the declarant has waived the declarants right of consent.
(8) Notwithstanding a provision in the bylaws, including bylaws adopted before July 14, 2003, that requires an amendment to be executed, or executed and acknowledged, by all owners approving the amendment, amendments to the bylaws take effect in accordance with this section.
(9) An amendment to the bylaws is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to the amendment unless the presumption is effectively rebutted in an action brought within one year after the effective date of the amendment or the face of the amendment indicates that the amendment received the approval of fewer votes than required for the approval. Nothing in this subsection prevents the further amendment of an amended bylaw. [Formerly 94.152; 2001 c.756 §40; 2003 c.569 §31; 2005 c.22 §76; 2007 c.409 §34; 2007 c.410 §13; 2009 c.641 §26a; 2019 c.69 §15]
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