Oregon Statutes 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.
Terms Used In Oregon Statutes 100.135
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
- Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
- Special declarant right: means any right, in addition to the regular rights of the declarant as a unit owner, reserved for the benefit of or created by the declarant under the declaration, bylaws or the provisions of this chapter. See Oregon Statutes 100.005
- Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
- Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
(2) Except as otherwise provided in ORS § 100.005 to 100.627, 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; 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 or 100.130 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, 100.130, 100.515, 100.600, 100.605 and 100.625 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 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.
(c) Paragraph (b) of this subsection does not require that property acquired or held by the association pursuant to ORS § 100.405 (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 to 100.627, 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 (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, 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 to 100.627.
(11) An amendment to a declaration or supplemental declaration, including an amendment under this section or ORS § 100.515 (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]