Oregon Statutes 100.423 – Electronic notice to owner or director
(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or this chapter, in the discretion of the board of directors of the association of unit owners, any notice, information or other written material required to be given to a unit owner or director under the declaration or bylaws or this chapter, that otherwise complies with this chapter, may be given by electronic mail, facsimile or other form of electronic communication acceptable to the board of directors.
Terms Used In Oregon Statutes 100.423
- Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
(2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of:
(a) Failure to pay an assessment;
(b) Foreclosure of an association lien under ORS § 100.450;
(c) An action the association may take against a unit owner; or
(d) An offer to use the dispute resolution program under ORS § 100.405.
(3) A unit owner or director may decline to receive or continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or this chapter.
(4) Notice by electronic communication under this section is considered delivered and effective when it:
(a) Is initiated to an address, location or system designated by the recipient for that purpose; or
(b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 § 20; 2021 c.40 § 8]
See note under 100.418.