2021 Oregon Revised Statutes
Chapter 094 - Real Property Development
Section 94.644 - Meetings of board of directors; notice; executive sessions.


(2)(a) The board may close the meeting to owners and meet in an executive session to:
(A) Consult with legal counsel; or
(B) Consider the following:
(i) Personnel matters, including salary negotiations and employee discipline;
(ii) Negotiation of contracts with third parties; or
(iii) Collection of unpaid assessments.
(b) Except in the case of an emergency, the board may not meet in executive session unless voted for by the board in an open meeting and the presiding officer of the board states the general nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to owners. The statement, motion or decision to meet in executive session must be included in the minutes of the meeting.
(c) A contract or an action considered in executive session is not effective unless the board, following the executive session, reconvenes in an open meeting and votes to approve the contract or action, which must be included in the minutes.
(3) The meeting and notice requirements in this section may not be circumvented by chance or social meetings or by any other means.
(4) A meeting may be conducted as an electronic meeting if:
(a) The meeting allows all participating board members at the meeting to:
(A) Hear and communicate to each other simultaneously; and
(B) Have access to materials before or during the meeting necessary to participate or vote in the meeting.
(b) The meeting allows all persons attending the meeting to simultaneously hear all participating board members.
(c) Any notice of the electronic meeting to board members or owners states:
(A) Whether the meeting may or must be attended by electronic means;
(B) The electronic means to be used;
(C) Subject to subsection (2) of this section, how owners may attend the electronic meeting by:
(i) Telephone;
(ii) If applicable, Internet connection; and
(iii) If applicable, by meeting at a physical location; and
(D) Any other information to enable an owner to attend the meeting.
(5) A person participating in an electronic meeting is considered present at the meeting for all purposes.
(6) In a planned community where the majority of the lots are the principal residences of the occupants, for meetings of the board other than emergency meetings, notice of meetings must include the information required under subsection (4)(c) of this section and must be:
(a) Posted at a place or places on the property at least three days prior to the meeting; or
(b) Provided by a method otherwise reasonably calculated to inform lot owners of the meetings, including by electronic communication under ORS 94.652.
(7) As used in ORS 94.640 and this section, "meeting" means a convening of a quorum of members of the board of directors at which association business is discussed, except a convening of a quorum of members of the board of directors for the purpose of participating in litigation, mediation or arbitration proceedings. [2021 c.40 §3]

Structure 2021 Oregon Revised Statutes

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 94.528 - Recording.

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 94.565 - Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.

Section 94.570 - Applicability of ORS 94.550 to 94.783.

Section 94.572 - Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.

Section 94.573 - Class I or Class II planned community option to amend governing documents to conform to statute.

Section 94.574 - Procedure for formation of homeowners association by Class I or Class II planned community.

Section 94.576 - Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783.

Section 94.577 - Recording amended governing documents; marketability of title unaffected by noncompliance.

Section 94.580 - Declaration; recordation; contents.

Section 94.590 - Amendment of declaration by owners.

Section 94.595 - Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan.

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 94.625 - Formation of homeowners association; adoption of initial bylaws; amendment of bylaws.

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 94.642 - Receivership for failure of homeowners association to fill vacancies on board of directors.

Section 94.644 - Meetings of board of directors; notice; executive sessions.

Section 94.645 - Adoption of annual budget.

Section 94.647 - Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions.

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 94.662 - Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.

Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.

Section 94.667 - Recording association information with county clerk.

Section 94.670 - Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner.

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 94.700 - Duration and termination of initial management agreements and service and employment contracts; exceptions.

Section 94.704 - Assessment and payment of common expenses.

Section 94.709 - Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure.

Section 94.712 - Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations.

Section 94.728 - Taxation of lots and common property.

Section 94.733 - Easements held by owner of lot and by declarant; homeowners association access to lots.

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 94.770 - Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65.

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 94.779 - Unenforceability of certain irrigation requirements and restrictions on family child care.

Section 94.780 - Remedies.

Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.

Section 94.806 - Legislative finding.

Section 94.807 - Application.

Section 94.808 - Managing entity as taxpayer.

Section 94.809 - Valuation of timeshare property; exclusions from value.

Section 94.811 - When owners of planned community, condominium or subdivision may prohibit timeshare plan.

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 94.856 - Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception.

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 94.971 - Fee for registration or amendment of an offer or sale of membership camping contract.

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.

Section 94.989 - Interpretation of membership camping contracts; application of Unlawful Trade Practices Act.