75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to A-Eng. SB 963
 
LC 2400/SB 963-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 963
 
     By COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
 
                             May 29
 
  On page 1 of the printed A-engrossed bill, line 5, after '
100.409,' insert '100.410,'.
  On page 16, line 17, after 'association' delete the rest of the
line and insert 'or with the consent of at least 75 percent of
all owners solicited by any means the board of directors
determines is reasonable. If a meeting is held to conduct the
vote, the meeting notice must include a statement'.
  In line 29, after 'present' insert 'and voting' and delete the
period and insert 'or with the consent of at least a majority of
all owners solicited by any means the board of directors
determines is reasonable. If a meeting is held to conduct the
vote,'.
  Delete lines 31 through 33.
  In line 34, delete '(7)' and insert '(6)'.
  In line 41, delete '(8)' and insert '(7)'.
  On page 20, line 42, after 'request' insert 'given to the owner
and any occupant'.
  On page 27, line 2, delete 'After con-' and insert ' Subject to
subsection (1) of this section, after a review of'.
  In line 3, delete 'ducting' and delete 'reviewing'.
  On page 28, delete lines 18 through 23 and insert:
  ' (10)(a) Except as provided under paragraph (b) of this
subsection, unless the board of directors under subsection (3) of
this section determines that the reserve account will be
adequately funded for the following year, the board of directors
or the owners may not vote to eliminate funding a reserve account
required under this section or under the declaration or bylaws.
  ' (b) Following the turnover meeting described in ORS 94.609,
on an annual basis, the board of directors, with the approval of
all owners, may elect not to fund the reserve account for the
following year.'.
  On page 29, line 31, restore '(11)' and delete '(12)'.
  On page 30, line 40, after 'association' insert 'or with the
consent of at least 75 percent of all owners solicited by any
means the board of directors determines is reasonable'.
  In line 42, before 'The meeting' insert 'If a meeting is held
to conduct the vote,'.
  On page 31, line 18, after 'present' insert 'and'.
  In line 20, delete the period and insert 'or with consent of at
least a majority of all owners solicited by any means the board
of directors determines is reasonable. If a meeting is held to
conduct the vote,'.
  Delete lines 22 through 24.
  In lines 25 through 35, delete the boldfaced material and
restore the bracketed material.
  On page 32, line 2, restore the bracketed material and delete
the boldfaced material.
  In line 18, restore the bracketed material and delete the
boldfaced material.
  On page 33, after line 32, insert:
  '  { +  SECTION 26a. + } ORS 100.410 is amended to read:
  ' 100.410. (1) The declarant shall adopt on behalf of the
association of unit owners the initial bylaws that govern the
administration of the condominium. The bylaws shall be recorded
simultaneously with the declaration as an exhibit or as a
separate instrument.
  ' (2) Unless otherwise provided in the declaration or bylaws,
amendments to the bylaws may be proposed by a majority of the
board of directors or by at least 30 percent of the owners.
  ' (3) Subject to subsections (4) and (5) of this section and
ORS 100.415 (1)(t), an amendment of the bylaws is not effective
unless the amendment is:
  ' (a) Approved by at least a majority of the unit owners; and
  ' (b) Certified by the chairperson and secretary of the
association of unit owners as being adopted in accordance with
the bylaws and the provisions of this section, acknowledged in
the manner provided for acknowledgment of instruments and
recorded.
  ' (4) In condominiums that are exclusively residential:
  ' (a) The bylaws may not provide that greater than a majority
of the unit owners is required to amend the bylaws except for
amendments relating to age restrictions, pet restrictions,
limitations on the number of persons who may occupy units and
limitations on the rental or leasing of units.
  ' (b) An amendment relating to a matter specified in paragraph
(a) of this subsection is not effective unless approved by at
least 75 percent of the owners or a greater percentage specified
in the bylaws.
  ' (5) The bylaws may not be amended to limit or diminish any
special declarant right without the consent of the declarant.
However, the declarant may waive the declarant's right of
consent.
  ' (6)(a) For five years after the recording of the initial
bylaws, before any amended bylaw may be recorded, the amended
bylaw must be approved by the Real Estate Commissioner. The
commissioner shall approve such amendment if the requirements of
ORS 100.415 and this section have been satisfied.
  ' (b) The approval by the commissioner under paragraph (a) of
this subsection is not required for bylaws restated under
subsection (10) of this section unless the bylaws are restated
during the five-year period after the recording of the initial
bylaws.
  ' (c) If the amended bylaw approved by the commissioner under
this subsection is not recorded as required in subsection (3) of
this section within   { - two years - }   { + one year + } from
the date of approval by the commissioner, the approval
automatically expires and the amended bylaw must be resubmitted
for approval as provided in this section. The commissioner's
approval shall set forth the date on which the approval expires.
  ' (7) Before the commissioner approves amended bylaws or
restated bylaws under this section, the person submitting the
amended bylaws or restated bylaws shall pay to the commissioner
the fee provided by ORS 100.670.
  ' (8) Notwithstanding a provision in the bylaws, including
bylaws adopted prior to July 14, 2003, that requires an amendment
to be executed, or executed and acknowledged, by all owners
approving the amendment, amendments to the bylaws under this
section become effective after approval by the owners if executed
and certified on behalf of the association by the chairperson and
secretary in accordance with subsection (3)(b) of this section.
  ' (9) An amendment to the bylaws must be conclusively presumed
to have been regularly adopted in compliance with all applicable
procedures relating to the amendment unless an action is brought
within one year after the effective date of the amendment or the
face of the amendment indicates that the amendment received the
approval of fewer votes than required for the approval. Nothing
in this subsection prevents the further amendment of an amended
bylaw.
  ' (10)(a) The board of directors, by resolution and without the
further approval of unit owners, may cause restated bylaws to be
prepared and recorded to codify individual amendments that have
been adopted in accordance with this section.
  ' (b) Bylaws restated under this subsection must:
  ' (A) Include all previously adopted amendments that are in
effect, state that the amendments were approved by the
commissioner as required under this section and state that no
other changes were made except, if applicable, to correct
scriveners' errors or to conform format and style;
  ' (B) Include a statement that the board of directors has
adopted a resolution in accordance with paragraph (a) of this
subsection and is causing the bylaws to be restated and recorded
under this subsection;
  ' (C) Include a reference to the recording index numbers and
date of recording of the initial bylaws and all previously
recorded amendments that are in effect and are being codified;
  ' (D) Include a certification by the chairperson and secretary
of the association that the restated bylaws include all
previously adopted amendments that are in effect, that amendments
were approved by the commissioner if required under this section
and that no other changes were made except, if applicable, to
correct scriveners' errors or to conform format and style;
  ' (E) Be executed and acknowledged by the chairperson and
secretary of the association and recorded in the deed records of
each county in which the condominium is located; and
  ' (F) If required under subsection (6) of this section, be
approved by the commissioner.
  ' (c) The board of directors shall cause a copy of the recorded
restated bylaws, including the recording information, to be filed
with the commissioner.'.
  On page 40, line 32, after 'request' insert 'given to the owner
and any occupant'.
  On page 43, line 15, restore '(8)' and delete '(9)'.
  On page 47, line 12, after 'or' insert ', if required under
subsection (3) of this section,'.
  In line 20, delete 'and floor plans comply' and insert '
complies' and after '100.115' insert 'or the plat amendment
complies with section 43 of this 2009 Act'.
  In line 22, delete the third 'or' and insert a comma.
  In line 23, after 'unit' insert 'or creates an additional unit
from common elements' and after 'plat' insert ' amendment'.
  In line 33, delete '(5)(b)' and insert '(6)'.
  In line 39, after '100.115' insert 'or the plat amendment
complies with section 43 of this 2009 Act'.
  In line 44, after 'tenants' delete the rest of the line and
line 45 and insert 'as provided in ORS 100.305 (6) or a signed
statement that no tenants were entitled to notice under ORS
100.305; or'.
  On page 48, line 4, after '100.115' insert 'or plat amendment
prepared in conformance with section 43 of this 2009 Act'.
  In line 15, after 'plat' insert 'and a certification of plat
execution'.
  In line 16, delete 'has' and insert 'have'.
  In line 23, after 'amendment' insert 'or supplemental
declaration'.
  In line 26, after 'declaration' insert ', supplemental
declaration'.
  In line 27, after '(4)' insert 'or (5)' and delete 'two years'
and insert 'one year'.
  In line 40, after the period delete the rest of the line and
lines 41 through 44 and insert 'The plat or supplemental'.
  On page 50, line 7, delete 'subsections (3)'.
  In line 8, delete 'to (5)' and insert 'subsection (3)'.
  On page 54, line 4, delete 'sub-'.
  In line 5, delete 'section (3)' and insert 'subsections (3) to
(5)'.
  In line 8, after 'request' insert 'of the county assessor or
county surveyor'.
  In line 14, delete 'subsection (3)' and insert ' subsections
(3) to (5)'.
  On page 55, line 6, after 'subsections' insert '(6),'.
  Delete line 24 and insert:
  ' (e) Authorize a plat amendment by correction under'.
  In line 25, delete '43' and insert '43b'.
  In line 26, delete 'is' and insert 'was' and after ' chapter'
insert 'at the time the document was recorded'.
  In line 43, after 'unit' delete the rest of the line and insert
'created by the supplemental declaration.'.
  Delete lines 44 and 45.
  On page 56, delete line 1 and insert:
  ' (6) A correction amendment under this section is not
effective unless:
  ' (a) The amendment is approved by the Real Estate Commissioner
under ORS 100.110 and, to the extent required, ORS 100.410, the
county assessor in accordance with ORS 100.110 and, if required,
the county tax collector;
  ' (b) The amendment is certified by the chairperson and
secretary of the association of unit owners as being adopted in
accordance with subsection (4) of this section or is certified by
the declarant under subsection (5) of this section and
acknowledged in the manner provided for acknowledgement of deeds;
and
  ' (c) Is recorded.'.
  In line 10, delete 'general'.
  On page 57, line 19, delete '(7)(a)' and insert '(7)'.
  On page 59, line 18, after 'ORS' delete the rest of the line
and line 19 and insert '100.115.'.
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