ORS 100.411¹
Restated bylaws

(1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include:

(a) The words “Restated Bylaws” in the title of the bylaws;

(b) All previously adopted amendments that are recorded and in effect;

(c) A statement that the board of directors has adopted a resolution under this subsection to restate and record amended bylaws under this section;

(d) A reference to the recording index numbers and date of recording of the initial bylaws and of all previously recorded amendments to the bylaws that are in effect and are being codified; and

(e) A certification by the association that:

(A) The restated bylaws include all previously adopted amendments that are recorded and in effect; and

(B) Other changes were not made to the bylaws except, if applicable, to correct scriveners’ errors or to conform format and style.

(2) In the preparation of restated bylaws under this section, the board may not make any changes to the bylaws except as necessary to correct a scriveners’ error or to conform format and style.

(3) If the restated bylaws conflict with the recorded and effective document that amended the bylaws, the document that amended the bylaws controls.

(4) A restatement of bylaws prepared and recorded under this section must be:

(a) Executed and acknowledged by the chairperson or president of the association and by the secretary of the association;

(b) Approved by the Real Estate Commissioner if required under ORS 100.413 (Approval of amended or restated bylaws); and

(c) Recorded in the office of the recording officer of every county in which the condominium is located. [2019 c.69 §12]

Note: 100.411 (Restated bylaws) and 100.413 (Approval of amended or restated bylaws) were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(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