71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 147
 
                         House Bill 2482
 
Sponsored by Representative KNOPP (at the request of Frieda
  Garrett, Ellen Wedum, Wagon Trail Property Owners Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Decreases percentage of votes required to amend declaration
controlling homeowners association. Increases number of unit
owners required for quorum at association meeting to consider
changes to declaration.
 
                        A BILL FOR AN ACT
Relating to homeowners associations; amending ORS 94.590 and
  94.655.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 94.590 is amended to read:
  94.590. (1) The homeowners association may amend the
declaration   { - and the plat only by vote or agreement of the
owners representing 75 percent of the total votes in the planned
community or any larger percentage specified in the
declaration - }  { +  only by vote or agreement of the owners
representing 67 percent of the units, voting in person or by
proxy, in attendance at a special meeting called for the purpose
of amending the declaration or at an annual meeting. The
homeowners association may amend the plat only by vote or
agreement of the owners representing 75 percent of the total
units in the planned community, voting either in person or by
absentee voting method. The declaration may require a larger
percentage vote for amending the declaration or plat + }. In no
event shall an amendment under this section create, limit or
diminish any special declarant rights, increase the number of
lots or units or change the boundaries of any lot or any uses to
which any lot or unit is restricted unless the owners of the
affected lots unanimously consent to the amendment. The
declaration may provide that a percentage less than   { - 75 - }
 { + 67 + } percent of the votes of the planned community is
required to amend the declaration for amendments relating to age
restrictions, pet restrictions, limitations on the number of
persons who may occupy units or limitations on the rental or
leasing of units.
  (2) When the association adopts an amendment to the
declaration, the association shall record the amendment in the
same place as the declaration. An amendment of the declaration is
effective only upon recordation.
  (3) Amendments to a declaration under this section shall be
executed, recorded and certified on behalf of the association by
any officer of the homeowners association designated for that
purpose or, in the absence of designation, by the president of
the board of directors of the association.
  (4) An amendment to a declaration or plat shall be conclusively
presumed to have been regularly adopted in compliance with all
applicable procedures relating to such amendment unless an action
is brought within one year after the date such amendment was
recorded or the face of the recorded amendment indicates that the
amendment received the approval of fewer votes than required for
such approval. However, nothing in this subsection shall prevent
the further amendment of an amended declaration or plat.
  (5) During any period of declarant control, voting on an
amendment under subsection (1) of this section shall be without
regard to any weighted vote or special voting right reserved by
the declarant except as otherwise provided under ORS 94.585.
Nothing in this subsection is intended to prohibit a declarant
from reserving the right to require the declarant's consent to an
amendment during the period reserved in the declaration for
declarant control.
  SECTION 2. ORS 94.655 is amended to read:
  94.655. Unless the bylaws of a homeowners association provide
otherwise { +  and except for a meeting to consider amendments to
the declaration or bylaws + }, a quorum for   { - any - }  { +
a + } meeting of the association shall consist of the number of
persons who are entitled to cast 20 percent of the votes and who
are present in person or by proxy at the beginning of the
meeting. { +  A quorum for a meeting to consider amendments to
the declaration or bylaws shall consist of the number of owners
representing 50 percent of the units and who are present in
person or by proxy at the beginning of the meeting. + }
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