2021 Oregon Revised Statutes
Chapter 100 - Condominiums
Section 100.425 - Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions.


(a) The turnover meeting required under ORS 100.210.
(b) The annual meeting of an association if more than a majority of the units 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 unit owners under ORS 100.407 (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 a unit owner if the consent or approval of that unit owner is required by the declaration or bylaws or this chapter.
(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 return of ballots has passed, a quorum of unit owners has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; and
(b) If approval of a proposed action otherwise would require a meeting at which a specified percentage of unit 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 unit 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 unit 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, articles of incorporation 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 unit owners before the end of the specified date certain.
(6) Except as otherwise provided in the declaration, articles of incorporation 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, articles of incorporation 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, 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. [1997 c.816 §17; 2001 c.756 §44; 2003 c.569 §34; 2007 c.409 §27]
Note: 100.425 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 100 - Condominiums

Section 100.005 - Definitions.

Section 100.015 - Rules.

Section 100.020 - Condominium provisions; restrictions.

Section 100.022 - Application of zoning, subdivision, building code or real property law to condominium.

Section 100.023 - Void and unenforceable provisions of condominium governing document.

Section 100.100 - Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65.

Section 100.102 - Leasehold condominium submitted to unit ownership.

Section 100.103 - Effect of submission of leasehold condominium to unit ownership.

Section 100.105 - Contents of declaration; property name; variable property description.

Section 100.110 - Approval of declaration, supplemental declaration or amendment required; prerequisites; fee.

Section 100.115 - Recording declaration and plat; plat contents; supplemental declaration and plat; fees.

Section 100.116 - Plat amendment; fees.

Section 100.117 - Correction amendment to declaration or bylaws.

Section 100.118 - Correction amendment to condominium plat; fees.

Section 100.119 - Restated declaration; restated assignment of use.

Section 100.120 - Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date.

Section 100.122 - Declaration prevails over inconsistent provisions of bylaws or articles of incorporation.

Section 100.123 - Authority to amend declaration or bylaws to comply with federal or state law.

Section 100.130 - Relocation of unit boundaries and common elements by amendment to declaration.

Section 100.135 - Amendments to declaration; requirements; procedure.

Section 100.140 - Temporary relocation of floating structure; security interests upon termination of condominium.

Section 100.150 - Declarant’s options until termination date.

Section 100.155 - Variable property; uses and restrictions.

Section 100.175 - Reserve account for maintaining, repairing and replacing common elements; reserve study; information required; maintenance plan.

Section 100.185 - Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims.

Section 100.200 - Declarant control of association.

Section 100.205 - Transitional committee; notice of meeting for formation.

Section 100.210 - Turnover meeting; notice; transfer of control.

Section 100.220 - Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions.

Section 100.225 - Acquisition of special declarant rights by successor declarant; exceptions.

Section 100.250 - Documents required to be filed with Real Estate Agency; fees.

Section 100.255 - Processing of documents filed with Real Estate Agency; procedures.

Section 100.260 - Condominium Information and Annual Reports; contents; fees.

Section 100.265 - Annual Report; notification; filing.

Section 100.275 - Application of ORS 100.250 to 100.280.

Section 100.280 - Termination of filing Condominium Information Report.

Section 100.285 - Resignation of designated agent; procedures; effective date.

Section 100.290 - Rules.

Section 100.305 - Conversion condominium; notice.

Section 100.310 - Rights of tenants in conversion.

Section 100.315 - Improvements in conversion condominium during notice period.

Section 100.405 - Association of unit owners; powers; granting of interest in common elements; dispute resolution.

Section 100.407 - Annual and special meetings of association.

Section 100.408 - Quorum for meeting of association.

Section 100.409 - Rules of order.

Section 100.410 - Adoption of bylaws; amendment.

Section 100.411 - Restated bylaws.

Section 100.413 - Approval of amended or restated bylaws.

Section 100.415 - Contents of bylaws.

Section 100.416 - Criteria for board of directors membership.

Section 100.417 - Board of directors of association; powers and duties.

Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.

Section 100.419 - Assent of director to board action.

Section 100.420 - Board meetings; executive sessions.

Section 100.423 - Electronic notice to owner or director.

Section 100.425 - Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions.

Section 100.427 - Methods of voting.

Section 100.428 - Electronic ballot.

Section 100.430 - Unit deeds; contents.

Section 100.435 - Insurance for individual units and common elements; fidelity bond.

Section 100.440 - Liens against property; removal from lien; effect of part payment.

Section 100.445 - Independent default clauses; option to purchase fee simple interest.

Section 100.450 - Association lien against individual unit; recording notice of claim; foreclosure; effect of judgment and payment; priority of lien.

Section 100.465 - Circumstances in which deed in lieu of foreclosure extinguishes lien.

Section 100.470 - Lien foreclosure; other legal action by declarant, association or owner; attorney fees.

Section 100.475 - Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation.

Section 100.480 - Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination.

Section 100.481 - Application of ORS 100.480.

Section 100.483 - Annual budget; distribution of budget summary to owners.

Section 100.485 - Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law.

Section 100.490 - Notice to unit owners of intent of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out.

Section 100.505 - Status and ownership of units.

Section 100.510 - Units and common elements distinguished.

Section 100.515 - Interest of units in common elements.

Section 100.520 - Easement held by units and common elements.

Section 100.525 - Voting or consenting.

Section 100.530 - Allocation of common profits and expenses; liability of unit owner; limitation on assessments against declarant; deferral of assessments by declarant.

Section 100.535 - Maintenance and improvement of units.

Section 100.540 - Use and maintenance of common elements; access for maintenance.

Section 100.550 - Service of process.

Section 100.555 - Taxation of units; exemptions; uniform appraisal and assessment; rules.

Section 100.600 - Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements.

Section 100.605 - Removal of property from association; repair or removal of property that is damaged or destroyed.

Section 100.610 - Common ownership of property removed from unit ownership; valuation; liens.

Section 100.625 - Procedure for dividing or converting units.

Section 100.626 - Legislative findings.

Section 100.627 - Electric vehicle charging stations.

Section 100.635 - Filing with commissioner; fee.

Section 100.640 - Filing; required documents and information.

Section 100.645 - Filing information to be kept current.

Section 100.650 - Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner.

Section 100.655 - Disclosure statement; contents; disclosure statement from other state; declarant liability limited.

Section 100.658 - Limited residential condominium filing.

Section 100.660 - Nonresidential condominium or security filing; contents.

Section 100.668 - Documents and information included with filing.

Section 100.670 - Fees; hourly rate; deposit.

Section 100.675 - Inventory of filing; review; approval; timelines.

Section 100.680 - Escrow of unit sales agreement.

Section 100.685 - Contents of unit sales agreement.

Section 100.705 - Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement.

Section 100.720 - Conditions prerequisite to sale.

Section 100.725 - Documents prerequisite to execution of sale agreement and conveyance of unit.

Section 100.730 - Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability.

Section 100.735 - Waiver of right to cancel.

Section 100.740 - Notice to purchaser of cancellation rights; form.

Section 100.745 - Escrow documents required of successor to vendor’s interest.

Section 100.770 - Fraud and deceit prohibited.

Section 100.785 - Blanket encumbrance prohibited.

Section 100.900 - Civil penalty.

Section 100.905 - Cease and desist order; injunction.

Section 100.920 - Changes or actions that require approval or consent of mortgagee.