(2) At least 45 days before an owner or first mortgagee requests the circuit court to appoint a receiver under subsection (1) of this section, the owner or first mortgagee shall mail, by certified or registered mail, a notice to the association and shall post a copy of the notice at a conspicuous place or places on the property or provide notice by a method otherwise reasonably calculated to inform owners of the proposed action.
(3) The notice shall be signed by the owner or first mortgagee and include:
(a) A description of the intended action.
(b) A statement that the intended action is pursuant to this section.
(c) The date, not less than 30 days after mailing of the notice, by which the association must fill vacancies on the board sufficient to constitute a quorum.
(d) A statement that if the association fails to fill vacancies on the board by the specified date, the owner or first mortgagee may file a petition with the court under subsection (1) of this section.
(e) A statement that if a receiver is appointed, all expenses of the receivership will be common expenses of the association as provided in subsection (4) of this section.
(4) If a receiver is appointed, the salary of the receiver, court costs, attorney fees and all other expenses of the receivership shall be common expenses of the association.
(5) A receiver appointed under this section has all of the powers and duties of a duly constituted board of directors and shall serve until a sufficient number of vacancies on the board are filled to constitute a quorum.
(6) If at a turnover meeting held in accordance with ORS 94.616 the owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors, in addition to the notice requirements specified in subsections (2) and (3) of this section, an owner shall give the notice to all other owners as provided in the bylaws.
(7) Notwithstanding subsections (2) and (3) of this section, in the case of an emergency, the court may waive the notice requirements of subsections (2) and (3) of this section. [2007 c.409 §2; 2017 c.358 §50]
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.