71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3912
 
LC 3532/HB 3912-A10
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3912
 
                    By COMMITTEE ON JUDICIARY
 
                             June 18
 
  On page 3 of the printed A-engrossed bill, delete lines 7
through 10 and insert:
  ' (iv) State that to form an association requires an
affirmative vote of at least a majority of the owners in the
planned community, or, if a larger percentage is specified in the
governing documents, the larger percentage;
  ' (v) State that to adopt articles of incorporation, to elect
the initial board of directors pursuant to the articles of
incorporation or to adopt the initial bylaws requires an
affirmative vote of at least a majority of the owners present;'.
  In line 11, delete '(v)' and insert '(vi)'.
  In line 14, delete '(vi)' and insert '(vii)'.
  In line 17, delete '(vii)' and insert '(viii)'.
  In line 30, delete 'are' and insert ', or, if a larger
percentage is specified in the governing documents, the larger
percentage, is'.
  In line 36, after 'elected' insert a period and delete the rest
of the line and line 37.
  On page 7, line 3, after '94.625' insert ', required by a
governing document or formed under section 3 of this 2001 Act'.
  On page 12, line 31, after 'the' delete the rest of the line
and line 32 and insert 'borrowing of funds. Not later than the
adoption of the budget for the following year, the board of
directors'.
  On page 16, delete lines 39 through 42 and insert:
  ' (4)(a) Subject to paragraph (f) of this subsection, before
initiating litigation or an administrative proceeding in which
the association and an owner have an adversarial relationship,
the party that intends to initiate litigation or an
administrative proceeding shall offer to use any dispute
resolution program available within the county in which the
planned community is located that is in substantial compliance
with the standards and guidelines adopted under ORS 36.175. The
written offer must be hand-delivered or mailed by certified mail,
return receipt requested, to the address, contained in the
records of the association, for the other party.
  ' (b) If the party receiving the offer does not accept the
offer within 10 days after receipt by written notice
hand-delivered or mailed by certified mail, return receipt
requested, to the address, contained in the records of the
association, for the other party, the initiating party may
commence the litigation or the administrative proceeding. The
notice of acceptance of the offer to participate in the program
must contain the name, address and telephone number of the body
administering the dispute resolution program.
  ' (c) If a qualified dispute resolution program exists within
the county in which the planned community is located and an offer
to use the program is not made as required under paragraph (a) of
this subsection, litigation or an administrative proceeding may
be stayed for 30 days upon a motion of the noninitiating party.
If the litigation or administrative action is stayed under this
paragraph, both parties shall participate in the dispute
resolution process.
  ' (d) Unless a stay has been granted under paragraph (c) of
this subsection, if the dispute resolution process is not
completed within 30 days after receipt of the initial offer, the
initiating party may commence litigation or an administrative
proceeding without regard to whether the dispute resolution is
completed.
  ' (e) Once made, the decision of the court or administrative
body arising from litigation or an administrative proceeding may
not be set aside on the grounds that an offer to use a dispute
resolution program was not made.
  ' (f) The requirements of this subsection do not apply to
circumstances in which irreparable harm to a party will occur due
to delay or to litigation or an administrative proceeding
initiated to collect assessments, other than assessments
attributable to fines.'.
  On page 18, after line 30, insert:
  ' (c) The meeting and notice requirements in this section may
not be circumvented by chance or social meetings or by any other
means.'.
  In line 43, delete '(a)'.
  On page 19, line 2, restore the bracketed material and delete '
(b)(A)' and insert '(a)'.
  Delete lines 4 through 7 and insert:
  ' (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, a written ballot must be accompanied by a
secrecy envelope, a return identification envelope to be signed
by the owner and instructions for marking and returning the
ballot. Notwithstanding the applicable provisions of subsection
(3) or (4) of this section, written ballots that are returned in
secrecy envelopes may not be examined or counted before the
deadline for returning ballots has passed.'.
  In lines 8 through 39, restore the bracketed material and
delete the boldfaced material.
  Delete lines 41 through 45.
  On page 20, delete lines 1 through 7.
  On page 22, lines 13 and 14, delete the boldfaced material.
  In line 16, after the period insert 'The documents, information
and records described in subsections (1) and (3) of this section
and all other records of the association shall be located within
this state.'.
  On page 42, line 35, after the first 'the' delete the rest of
the line and insert 'borrowing of funds. Not later than the
adoption of the budget for the following year,'.
  On page 49, delete lines 22 through 25 and insert:
  ' (11)(a) Subject to paragraph (f) of this subsection, before
initiating litigation or an administrative proceeding in which
the association and an owner have an adversarial relationship,
the party that intends to initiate litigation or an
administrative proceeding shall offer to use any dispute
resolution program available within the county in which the
condominium is located that is in substantial compliance with the
standards and guidelines adopted under ORS 36.175. The written
offer must be hand-delivered or mailed by certified mail, return
receipt requested, to the address, contained in the records of
the association, for the other party.
  ' (b) If the party receiving the offer does not accept the
offer within 10 days after receipt by written notice
hand-delivered or mailed by certified mail, return receipt
requested, to the address, contained in the records of the
association, for the other party, the initiating party may
commence the litigation or the administrative proceeding. The
notice of acceptance of the offer to participate in the program
must contain the name, address and telephone number of the body
administering the dispute resolution program.
  ' (c) If a qualified dispute resolution program exists within
the county in which the condominium is located and an offer to
use the program is not made as required under paragraph (a) of
this subsection, litigation or an administrative proceeding may
be stayed for 30 days upon a motion of the noninitiating party.
If the litigation or administrative action is stayed under this
paragraph, both parties shall participate in the dispute
resolution process.
  ' (d) Unless a stay has been granted under paragraph (c) of
this subsection, if the dispute resolution process is not
completed within 30 days after receipt of the initial offer, the
initiating party may commence litigation or an administrative
proceeding without regard to whether the dispute resolution is
completed.
  ' (e) Once made, the decision of the court or administrative
body arising from litigation or an administrative proceeding may
not be set aside on the grounds that an offer to use a dispute
resolution program was not made.
  ' (f) The requirements of this subsection do not apply to
circumstances in which irreparable harm to a party will occur due
to delay or to litigation or an administrative proceeding
initiated to collect assessments, other than assessments
attributable to fines.'.
  On page 52, after line 9, insert:
  ' (c) The meeting and notice requirements in this section may
not be circumvented by chance or social meetings or by any other
means.'.
  In line 24, delete '(a)'.
  In line 28, restore the bracketed material and delete ' (b)(A)'
and insert '(a)'.
  Delete lines 30 through 33 and insert:
  ' (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, a written ballot must be accompanied by a
secrecy envelope, a return identification envelope to be signed
by the owner and instructions for marking and returning the
ballot. Notwithstanding the applicable provisions of subsection
(3) or (4) of this section, written ballots that are returned in
secrecy envelopes may not be examined or counted before the
deadline for returning ballots has passed.'.
  In lines 34 through 42, restore the bracketed material and
delete the boldfaced material.
  On page 53, lines 5 through 21, restore the bracketed material
and delete the boldfaced material.
  Delete lines 23 through 34.
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