ORS 100.420
Board meetings

  • executive sessions

(1)

Except as provided in subsection (2) of this section, all meetings of the board of directors are open to unit owners’ attendance. An owner does not have any right to participate in a meeting except as may be provided by the governing documents or the board.

(2)

Intentionally left blank —Ed.

(a)

The board may close the meeting to unit owners and meet in executive session to:

(A)

Consult with legal counsel.

(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, 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 open meeting and votes to approve the contract or action, which must be reasonably identified in the open meeting and 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 unit 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 unit 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 a unit owner to attend the meeting.

(5)

A person attending or participating in an electronic meeting is considered to be attending or participating at the meeting for all purposes.

(6)

In condominiums where the majority of the units are the principal residences of the occupants, for meetings other than emergency meetings, notice of the meeting 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 unit owners of the meetings, including by electronic communication under ORS 100.423 (Electronic notice to owner or director).

(7)

As used in 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. [Formerly 94.164; 1999 c.677 §49; 2001 c.756 §43; 2003 c.569 §33; 2009 c.641 §28; 2011 c.532 §12; 2021 c.40 §6]

Source: Section 100.420 — Board meetings; executive sessions, 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

§ 100.420’s source at oregon​.gov