(1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include:

contract signature

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Terms Used In Oregon Statutes 100.411

  • 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
  • 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
  • Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005

(a) The words ‘Restated Bylaws’ in the title of the bylaws;

(b) All previously adopted amendments that are recorded and in effect;

(c) A statement that the board of directors has adopted a resolution under this subsection to restate and record amended bylaws under this section;

(d) A reference to the recording index numbers and date of recording of the initial bylaws and of all previously recorded amendments to the bylaws that are in effect and are being codified; and

(e) A certification by the association that:

(A) The restated bylaws include all previously adopted amendments that are recorded and in effect; and

(B) Other changes were not made to the bylaws except, if applicable, to correct scriveners’ errors or to conform format and style.

(2) In the preparation of restated bylaws under this section, the board may not make any changes to the bylaws except as necessary to correct a scriveners’ error or to conform format and style.

(3) If the restated bylaws conflict with the recorded and effective document that amended the bylaws, the document that amended the bylaws controls.

(4) A restatement of bylaws prepared and recorded under this section must be:

(a) Executed and acknowledged by the chairperson or president of the association and by the secretary of the association;

(b) Approved by the Real Estate Commissioner if required under ORS § 100.413; and

(c) Recorded in the office of the recording officer of every county in which the condominium is located. [2019 c.69 § 12]

 

100.411 and 100.413 were added to and made a part of ORS Chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

[1999 c.677 § 58; 2007 c.409 § 26a; renumbered 100.483 in 2019]

 

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