Real Property Development

ORS 94.658
Voting or granting consent


(1)

Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote.

(2)

Unless the declaration or bylaws provide otherwise:

(a)

An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a lot owned or held in a fiduciary capacity if the fiduciary satisfies the secretary of the board of directors that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the lot in a fiduciary capacity.

(b)

When a lot is owned by two or more persons jointly, according to the records of the association:

(A)

Except as provided in this paragraph, the vote of the lot may be exercised by a co-owner in the absence of protest by another co-owner. If the co-owners cannot agree upon the vote, the vote of the lot shall be disregarded completely in determining the proportion of votes given with respect to such matter.

(B)

A valid court order may establish the right of co-owners’ authority to vote. [2001 c.756 §2; 2007 c.409 §12; 2009 c.641 §11]

Source

Last accessed
May 30, 2023