Oregon Statutes 93.271 – Amending declarations or bylaws to remove discriminatory provisions; recording; filing
(1) Notwithstanding ORS § 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk’s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:
Terms Used In Oregon Statutes 93.271
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The amendment is made to conform the declarations or bylaws to the requirements of ORS § 93.270 (2); and
(b) The amendment is signed by the president and secretary of the homeowners association.
(2) The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS Chapter 205 and must be in substantially the following form:
______________________________________________________________________________
AMENDMENT OF [DECLARATION/BYLAWS]
TO COMPLY WITH ORS § 93.270 (2).
Pursuant to this section, the undersigned states:
1. The undersigned are the president and secretary for the [homeowners/condominium owners] association _________ (name) in _________ County.
2. This document amends the [declaration/bylaws] of the association.
3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) ____________ recorded on _________.
4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) _________ recorded on _________.
5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS § 93.270. The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS § 93.270 (2). No other changes to the document are being made except as may be necessary to correct scriveners’ errors or to conform format and style.
6. Under this section, a vote of the association is not required.
7. The description of the real property in _________ County affected by this document is:
______________________
______________________
Dated this _____ day of _________ 20___.
Name: _________________
President, ____________ (association name)
Address: _______________
______________________
Phone No.: ________
Dated this _____ day of _________ 20___.
Name: _________________
Secretary, _________ (association name)
Address: _______________
______________________
Phone No.: ________
The foregoing instrument was acknowledged before me this ___ day of ______ 20___ by ____________ and ____________.
__________________
Notary Public for Oregon
My commission expires: _________
______________________________________________________________________________
(3) If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the recorded instrument with the Real Estate Commissioner. [2023 c.223 § 25]