ORS 94.573
Class I or Class II planned community option to amend governing documents to conform to statute
(B)
An amendment to any provision of a planned community’s governing documents made pursuant to this paragraph must be executed in accordance with the procedures for the adoption of amendments prescribed by, and subject to any limitations specified in, the planned community’s governing documents.(C)
Nothing in this section or ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) requires the owners to amend a declaration or bylaws to include the information required by ORS 94.580 (Declaration) or 94.635 (Association bylaws).(b)
If a planned community’s governing documents do not provide procedures to amend the provisions of the governing documents:(A)
The owners may amend the inconsistent provisions of a governing document other than bylaws to conform with this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783), 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities), 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community), 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783), 94.590 (Amendment of declaration by owners), 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association), 94.626 (Corporate dissolution of association), 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership), 94.640 (Association board of directors), 94.641 (Assent of director to board action), 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors), 94.644 (Meetings of board of directors), 94.645 (Adoption of annual budget), 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members), 94.650 (Meetings of lot owners), 94.652 (Electronic notice to owner or director), 94.655 (Quorum for association meetings), 94.657 (Rules of order), 94.658 (Voting or granting consent), 94.660 (Method of voting or consenting), 94.661 (Electronic ballot), 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding), 94.665 (Authority of association to sell, transfer, convey or encumber common property), 94.670 (Association duty to keep documents and records), 94.675 (Insurance for common property), 94.676 (Insurance deductible for certain planned communities), 94.680 (Blanket all-risk insurance), 94.690 (Terms of insurance under ORS 94.680), 94.695 (Authority to delegate association powers to master association), 94.704 (Assessment and payment of common expenses), 94.709 (Liens against lots), 94.712 (Lot owner personally liable for assessment), 94.716 (Lien against two or more lots), 94.719 (Lien foreclosure), 94.723 (Common expenses), 94.728 (Taxation of lots and common property), 94.733 (Easements held by owner of lot and by declarant), 94.762 (Electric vehicle charging stations), 94.770 (Application of rule against perpetuities), 94.775 (Judicial partition of lots), 94.777 (Compliance with bylaws and other restrictions required) and 94.780 (Remedies) by a vote of at least 75 percent of the owners in the planned community.(B)
The owners may amend the inconsistent provisions of the bylaws to conform with this section and ORS 94.550 (Definitions for ORS 94.550 to 94.783), 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities), 94.574 (Procedure for formation of homeowners association by Class I or Class II planned community), 94.576 (Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783), 94.590 (Amendment of declaration by owners), 94.595 (Reserve account for maintaining, repairing and replacing common property) (5) to (9), 94.625 (Formation of homeowners association), 94.626 (Corporate dissolution of association), 94.630 (Powers of association) (1), (3) and (4), 94.639 (Criteria for board of directors membership), 94.640 (Association board of directors), 94.641 (Assent of director to board action), 94.642 (Receivership for failure of homeowners association to fill vacancies on board of directors), 94.644 (Meetings of board of directors), 94.645 (Adoption of annual budget), 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members), 94.650 (Meetings of lot owners), 94.652 (Electronic notice to owner or director), 94.655 (Quorum for association meetings), 94.657 (Rules of order), 94.658 (Voting or granting consent), 94.660 (Method of voting or consenting), 94.661 (Electronic ballot), 94.662 (Notice to lot owners of intent of association to commence judicial or administrative proceeding), 94.665 (Authority of association to sell, transfer, convey or encumber common property), 94.670 (Association duty to keep documents and records), 94.675 (Insurance for common property), 94.676 (Insurance deductible for certain planned communities), 94.680 (Blanket all-risk insurance), 94.690 (Terms of insurance under ORS 94.680), 94.695 (Authority to delegate association powers to master association), 94.704 (Assessment and payment of common expenses), 94.709 (Liens against lots), 94.712 (Lot owner personally liable for assessment), 94.716 (Lien against two or more lots), 94.719 (Lien foreclosure), 94.723 (Common expenses), 94.728 (Taxation of lots and common property), 94.733 (Easements held by owner of lot and by declarant), 94.762 (Electric vehicle charging stations), 94.770 (Application of rule against perpetuities), 94.775 (Judicial partition of lots), 94.777 (Compliance with bylaws and other restrictions required), 94.779 (Unenforceability of certain irrigation requirements and restrictions on family child care), and 94.780 (Remedies) by a vote of at least a majority of the owners in the planned community.(C)
The owners may adopt an amendment to the provisions of a governing document at a meeting held in accordance with the governing documents or by another procedure permitted by the governing documents that follows the procedures prescribed in ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members), 94.650 (Meetings of lot owners) or 94.660 (Method of voting or consenting).(2)
The owners of a planned community described in subsection (1) of this section shall execute, certify and record an amendment adopted pursuant to subsection (1) of this section to:(a)
A recorded declaration as provided in ORS 94.590 (Amendment of declaration by owners) (2), (3) and (5).(b)
The bylaws or any other governing document as provided in ORS 94.590 (Amendment of declaration by owners) (3). If the bylaws or other governing document to which the amendment relates were recorded, the owners shall cause an amendment to the bylaws or other governing document to be recorded in the office of the recording officer of every county in which the planned community is located.(3)
An amendment adopted pursuant to subsection (1) of this section shall include:(a)
A reference to the recording index numbers and date of recording of the governing document, if recorded, to which the amendment relates; and(b)
A statement that the amendment is adopted. [2017 c.423 §10; 2021 c.40 §11]
Source:
Section 94.573 — Class I or Class II planned community option to amend governing documents to conform to statute, https://www.oregonlegislature.gov/bills_laws/ors/ors094.html.
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