ORS 100.135
Amendments to declaration

  • requirements
  • procedure

(1)

Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the association of unit owners or by at least 30 percent of the unit owners.

(2)

Except as otherwise provided in ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations), an amendment of the declaration is not effective unless:

(a)

The amendment is approved by the unit owners as provided in this section and the Real Estate Commissioner and county assessor according to ORS 100.110 (Approval of declaration, supplemental declaration or amendment required); and

(b)

The amendment is certified by the association as being adopted in accordance with the declaration and the provisions of this section, acknowledged and recorded, notwithstanding a provision in a declaration, including a declaration recorded before January 1, 2002, that requires amendments to be executed and acknowledged by all owners approving the amendment.

(3)

Except as otherwise provided in ORS 100.105 (Contents of declaration) or 100.130 (Relocation of unit boundaries and common elements by amendment to declaration) or this section, the declaration may be amended only with the approval of at least 75 percent of owners, or such greater percentage as may be required by the declaration.

(4)

Unless the declaration requires a greater percentage:

(a)

The declaration and plat may be amended to change a general common element to a limited common element or change the boundary of a limited common element with the approval of at least 75 percent of owners and approval of the owners of all units to which the limited common element appertains.

(b)

The declaration may be amended to change a limited common element, or portion thereof, to a general common element with the approval of the owners of all units to which the limited common element appertains and the board of directors.
(5)(a)(A) Except as otherwise provided in ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property), 100.130 (Relocation of unit boundaries and common elements by amendment to declaration), 100.515 (Interest of units in common elements), 100.600 (Termination of association or removal of real property by unit owners), 100.605 (Removal of property from association) and 100.625 (Procedure for dividing or converting units) and paragraph (b) of this subsection or other provisions of the Oregon Condominium Act, an amendment must be approved by all unit owners if:
(i)
The amendment changes the boundary of the property submitted to the condominium form of ownership;
(ii)
The amendment changes the boundary of a unit; or
(iii)
The amendment creates an additional unit from common elements or part of one or more units, or both.

(B)

An amendment under this subsection constitutes a conveyance and must include words of conveyance and, if an additional unit is created, must state the name of the grantee and unit designation. If an additional unit is created from common elements, the association is the initial grantee of the additional unit. A subsequent conveyance of the additional unit must be made by a deed certified by the association and acknowledged.

(C)

An amendment that changes the boundary of a unit must also be executed by the owners of all affected units, and approved by lenders holding a security in the unit.

(b)

An amendment that adds property owned by the association to the condominium as a common element constitutes a conveyance and must:

(A)

Be approved by at least 75 percent of owners;

(B)

Contain words of conveyance;

(C)

Be certified by the association in accordance with subsection (2)(b) of this section; and

(D)

Be accompanied by a plat amendment in accordance with ORS 100.116 (Plat amendment) if the amendment includes changes that are inconsistent with the surveyor’s certificate or other information on the plat, a supplemental plat or a plat amendment, and that require a plat amendment under ORS 100.116 (Plat amendment).

(c)

Paragraph (b) of this subsection does not require that property acquired or held by the association pursuant to ORS 100.405 (Association of unit owners) (4)(i) be added to the condominium.

(d)

If the association owns the fee title to the real property underlying a leasehold condominium, the association may amend the declaration under paragraph (b) of this subsection to require the fee title interest to submit to the requirements of this chapter.

(6)

Except as otherwise provided in ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations), an amendment may not change the allocation of undivided interest in the common elements, the method of determining liability for common expenses, the method of determining the right to common profits or the method of determining voting rights of any unit unless such amendment has been approved by the owners of the affected units.

(7)

The declaration may not be amended to limit or diminish any right of a declarant reserved under ORS 100.105 (Contents of declaration) (2) or (7) or any other special declarant right without the consent of the declarant unless the declarant waives the declarant’s right of consent.

(8)

This section does not affect any other approval that may be required by the declaration, bylaws or other instrument.

(9)

During a period of declarant control reserved under ORS 100.200 (Declarant control of association), an amendment under this section must be voted on without regard to any weighted vote or other special voting allocation reserved by the declarant unless the declaration provides that the declarant has the right to exercise the voting rights with respect to specifically described amendments. Nothing in this subsection prohibits a declarant from reserving the right that declarant’s consent is required for an amendment during a period of declarant control reserved in the declaration.

(10)

An amendment to a declaration or a supplemental declaration is 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 the amendment was recorded or the face of the recorded amendment indicates that the amendment did not receive the votes required for approval. Nothing in this subsection prevents the further amendment of an amended declaration or plat in accordance with ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations).

(11)

An amendment to a declaration or supplemental declaration, including an amendment under this section or ORS 100.515 (Interest of units in common elements) (5), must conform to any format and include any additional information required by the commissioner. [Formerly 94.059; 1995 c.31 §3; 1997 c.816 §6; 1999 c.677 §70; 2001 c.756 §31; 2003 c.569 §26; 2009 c.641 §21; 2019 c.69 §9]

Source: Section 100.135 — Amendments to declaration; requirements; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html.

100.005
Definitions 100.010
Short title 100.015
Rules 100.020
Condominium provisions 100.022
Application of zoning, subdivision, building code or real property law to condominium 100.023
Void and unenforceable provisions of condominium governing document 100.025
Rule against perpetuities 100.100
Property submitted to unit ownership by declaration 100.102
Leasehold condominium submitted to unit ownership 100.103
Effect of submission of leasehold condominium to unit ownership 100.105
Contents of declaration 100.110
Approval of declaration, supplemental declaration or amendment required 100.115
Recording declaration and plat 100.116
Plat amendment 100.117
Correction amendment to declaration or bylaws 100.118
Correction amendment to condominium plat 100.119
Restated declaration 100.120
Supplemental declaration and plat required to annex additional property or reclassify variable property 100.122
Declaration prevails over inconsistent provisions of bylaws or articles of incorporation 100.123
Authority to amend declaration or bylaws to comply with federal or state law 100.125
Annexation of additional property 100.130
Relocation of unit boundaries and common elements by amendment to declaration 100.135
Amendments to declaration 100.140
Temporary relocation of floating structure 100.150
Declarant’s options until termination date 100.155
Variable property 100.170
Easement held by declarant 100.175
Reserve account for maintaining, repairing and replacing common elements 100.185
Express warranties 100.200
Declarant control of association 100.205
Transitional committee 100.210
Turnover meeting 100.220
Liabilities and obligations arising from transfer of special declarant right 100.225
Acquisition of special declarant rights by successor declarant 100.250
Documents required to be filed with Real Estate Agency 100.255
Processing of documents filed with Real Estate Agency 100.260
Condominium Information and Annual Reports 100.265
Annual Report 100.275
Application of ORS 100.250 to 100.280 100.280
Termination of filing Condominium Information Report 100.285
Resignation of designated agent 100.290
Rules 100.300
Inapplicability of ORS 100.301 to 100.320 to transient lodgings 100.301
Definitions for ORS 100.301 to 100.320 100.305
Conversion condominium 100.310
Rights of tenants in conversion 100.315
Improvements in conversion condominium during notice period 100.320
Authority of city or county to require developer to pay tenant moving expenses 100.405
Association of unit owners 100.407
Annual and special meetings of association 100.408
Quorum for meeting of association 100.409
Rules of order 100.410
Adoption of bylaws 100.411
Restated bylaws 100.413
Approval of amended or restated bylaws 100.415
Contents of bylaws 100.416
Criteria for board of directors membership 100.417
Board of directors of association 100.418
Receivership for failure of association to fill vacancies on board of directors 100.419
Assent of director to board action 100.420
Board meetings 100.423
Electronic notice to owner or director 100.425
Use of written ballot for approving or rejecting matters subject to meeting of unit owners 100.427
Methods of voting 100.428
Electronic ballot 100.430
Unit deeds 100.435
Insurance for individual units and common elements 100.440
Liens against property 100.445
Independent default clauses 100.450
Association lien against individual unit 100.460
Foreclosure against unit 100.465
Circumstances in which deed in lieu of foreclosure extinguishes lien 100.470
Lien foreclosure 100.475
Personal liability for assessment 100.480
Maintaining documents and records 100.481
Application of ORS 100.480 100.483
Annual budget 100.485
Duration and termination of initial management agreements and service and employment contracts 100.490
Notice to unit owners of intent of association to commence judicial or administrative proceedings 100.505
Status and ownership of units 100.510
Units and common elements distinguished 100.515
Interest of units in common elements 100.520
Easement held by units and common elements 100.525
Voting or consenting 100.530
Allocation of common profits and expenses 100.535
Maintenance and improvement of units 100.540
Use and maintenance of common elements 100.545
Compliance with bylaws and other restrictions 100.550
Service of process 100.555
Taxation of units 100.600
Termination of association or removal of real property by unit owners 100.605
Removal of property from association 100.610
Common ownership of property removed from unit ownership 100.615
Action for partition 100.620
Termination or removal no bar to resubmission 100.625
Procedure for dividing or converting units 100.626
Legislative findings 100.627
Electric vehicle charging stations 100.635
Filing with commissioner 100.640
Filing 100.645
Filing information to be kept current 100.650
Service of process on nonresident developer 100.655
Disclosure statement 100.658
Limited residential condominium filing 100.660
Nonresidential condominium or security filing 100.665
Exemption to certain disclosure and notice requirements 100.668
Documents and information included with filing 100.670
Fees 100.675
Inventory of filing 100.680
Escrow of unit sales agreement 100.685
Contents of unit sales agreement 100.700
Inspection of condominium 100.705
Sale prohibited prior to issuance of disclosure statement 100.710
Inspection deposit 100.720
Conditions prerequisite to sale 100.725
Documents prerequisite to execution of sale agreement and conveyance of unit 100.730
Cancellation of sale of unit 100.735
Waiver of right to cancel 100.740
Notice to purchaser of cancellation rights 100.745
Escrow documents required of successor to vendor’s interest 100.750
Inspection of records 100.770
Fraud and deceit prohibited 100.775
False or misleading advertising prohibited 100.780
Waiver of legal rights void 100.785
Blanket encumbrance prohibited 100.900
Civil penalty 100.905
Cease and desist order 100.910
Use of fees 100.920
Changes or actions that require approval or consent of mortgagee 100.990
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 100.135’s source at oregon​.gov