(B) An amendment to any provision of a planned community’s governing documents made pursuant to this paragraph must be executed in accordance with the procedures for the adoption of amendments prescribed by, and subject to any limitations specified in, the planned community’s governing documents.
(C) Nothing in this section or ORS 94.572 requires the owners to amend a declaration or bylaws to include the information required by ORS 94.580 or 94.635.
(b) If a planned community’s governing documents do not provide procedures to amend the provisions of the governing documents:
(A) The owners may amend the inconsistent provisions of a governing document other than bylaws to conform with this section and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777 and 94.780 by a vote of at least 75 percent of the owners in the planned community.
(B) The owners may amend the inconsistent provisions of the bylaws to conform with this section and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777, 94.779, and 94.780 by a vote of at least a majority of the owners in the planned community.
(C) The owners may adopt an amendment to the provisions of a governing document at a meeting held in accordance with the governing documents or by another procedure permitted by the governing documents that follows the procedures prescribed in ORS 94.647, 94.650 or 94.660.
(2) The owners of a planned community described in subsection (1) of this section shall execute, certify and record an amendment adopted pursuant to subsection (1) of this section to:
(a) A recorded declaration as provided in ORS 94.590 (2), (3) and (5).
(b) The bylaws or any other governing document as provided in ORS 94.590 (3). If the bylaws or other governing document to which the amendment relates were recorded, the owners shall cause an amendment to the bylaws or other governing document to be recorded in the office of the recording officer of every county in which the planned community is located.
(3) An amendment adopted pursuant to subsection (1) of this section shall include:
(a) A reference to the recording index numbers and date of recording of the governing document, if recorded, to which the amendment relates; and
(b) A statement that the amendment is adopted. [2017 c.423 §10; 2021 c.40 §11]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 094 - Real Property Development
Section 94.504 - Development agreements; contents; duration; effect on affordable housing covenants.
Section 94.508 - Approval by governing body; findings; adoption.
Section 94.513 - Procedures on consideration and approval.
Section 94.518 - Application of local government law and policies to agreement.
Section 94.522 - Amendment or cancellation of agreement; enforceability.
Section 94.531 - Severable development interest in real property; transferable development credit.
Section 94.534 - Policy on transferable development credit systems.
Section 94.536 - Definitions for ORS 94.536 and 94.538.
Section 94.538 - Transferable development credit systems.
Section 94.550 - Definitions for ORS 94.550 to 94.783.
Section 94.560 - Legislative findings.
Section 94.570 - Applicability of ORS 94.550 to 94.783.
Section 94.580 - Declaration; recordation; contents.
Section 94.590 - Amendment of declaration by owners.
Section 94.600 - Declarant control of association.
Section 94.604 - Transitional advisory committee.
Section 94.609 - Notice of meeting to turn over administrative responsibility.
Section 94.616 - Turnover meeting; transfer of administration; receivership.
Section 94.622 - Obligations and liabilities arising from transfer of special declarant rights.
Section 94.623 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 94.626 - Corporate dissolution of association.
Section 94.630 - Powers of association.
Section 94.635 - Association bylaws.
Section 94.639 - Criteria for board of directors membership.
Section 94.640 - Association board of directors; powers and duties; removal of director.
Section 94.641 - Assent of director to board action.
Section 94.644 - Meetings of board of directors; notice; executive sessions.
Section 94.645 - Adoption of annual budget.
Section 94.650 - Meetings of lot owners; notice.
Section 94.652 - Electronic notice to owner or director.
Section 94.655 - Quorum for association meetings.
Section 94.657 - Rules of order.
Section 94.658 - Voting or granting consent.
Section 94.660 - Method of voting or consenting.
Section 94.661 - Electronic ballot.
Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.
Section 94.667 - Recording association information with county clerk.
Section 94.671 - Application of ORS 94.670 (5).
Section 94.673 - When compliance with specified provisions of ORS 94.640 and 94.670 required.
Section 94.675 - Insurance for common property; fidelity bond coverage.
Section 94.676 - Insurance deductible for certain planned communities.
Section 94.680 - Blanket all-risk insurance.
Section 94.685 - Specification of insurance for individual lots.
Section 94.704 - Assessment and payment of common expenses.
Section 94.728 - Taxation of lots and common property.
Section 94.761 - Legislative findings regarding electric vehicle charging stations.
Section 94.762 - Electric vehicle charging stations.
Section 94.763 - Association use of pesticides on lots; notice to owners; owner opt out.
Section 94.764 - Changes or actions that require approval or consent of mortgagee.
Section 94.775 - Judicial partition of lots.
Section 94.776 - Development and division of lots; allocations for newly created lots.
Section 94.778 - Prohibition against installation of solar panels void and unenforceable.
Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.
Section 94.806 - Legislative finding.
Section 94.808 - Managing entity as taxpayer.
Section 94.809 - Valuation of timeshare property; exclusions from value.
Section 94.813 - Character of timeshare estates.
Section 94.816 - Partition prohibited; exception.
Section 94.818 - Recording of timeshare instrument; payments required.
Section 94.821 - Content of timeshare instrument.
Section 94.823 - Notice of intent to sell timeshares; form and content; rules.
Section 94.826 - Information on exchange program; content; rules.
Section 94.828 - Public report on plan.
Section 94.829 - Sale not allowed before issuance of public report; distribution and uses of report.
Section 94.831 - Filing fees; inspection advance payment; disposition of moneys.
Section 94.833 - Sale of timeshare plan located out-of-state.
Section 94.836 - Cancellation of purchase within five days.
Section 94.839 - Notice of cancellation right.
Section 94.843 - Limits on developer right to transfer.
Section 94.846 - Designation of managing entity; duties and powers of entity.
Section 94.848 - How managing entity of developer terminated.
Section 94.853 - Payment of common expenses.
Section 94.858 - Owners’ association; powers and duties.
Section 94.863 - Developer’s duty to managing entity.
Section 94.867 - Judicial declaration of failure in management.
Section 94.869 - Insurance coverage.
Section 94.871 - When purchase money agreement prohibited; escrow requirements.
Section 94.873 - Escrow account; closing; release.
Section 94.876 - Requirements for closing escrow.
Section 94.878 - Duties of escrow agent.
Section 94.881 - Who may serve as escrow agent.
Section 94.885 - Rights of lienholder.
Section 94.890 - Lien payment trust; payments; delinquencies.
Section 94.895 - Trust irrevocable without alternative arrangement.
Section 94.900 - Alternative to lien payment trust.
Section 94.915 - Inspection of records; rules; uniform standards.
Section 94.920 - Consent to service by out-of-state developer.
Section 94.925 - Civil penalty.
Section 94.930 - Commissioner order; injunctive relief.
Section 94.940 - False practices prohibited.
Section 94.953 - Definitions for ORS 94.953 to 94.989.
Section 94.959 - Application for registration.
Section 94.962 - Exemptions from registration.
Section 94.965 - Effective date of registration.
Section 94.968 - Denial, suspension and revocation of registration; other sanctions.
Section 94.974 - Written disclosures required; procedures; inspection of records.
Section 94.975 - False practices prohibited.
Section 94.976 - Advertising regulation.
Section 94.977 - Registration as salesperson or broker.
Section 94.980 - Application for registration; fee.
Section 94.983 - Cancellation of contract by purchaser; notice of right to cancel.
Section 94.986 - Requirements for sale of membership camping contract; nondisturbance agreements.
Section 94.987 - Judicial declaration of failure in management.