Oregon Statutes 100.415 – Contents of bylaws
(1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for:
Terms Used In Oregon Statutes 100.415
- 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
- Association property: means any real property or interest in real property acquired, held or possessed by the association provided for under ORS § 100. 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
- percentage of owners: means the percent of the voting rights determined under ORS § 100. See Oregon Statutes 100.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Quorum: The number of legislators that must be present to do business.
- 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
- Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
- Transitional committee: means the committee provided for under ORS § 100. See Oregon Statutes 100.005
- Turnover meeting: means the meeting provided for under ORS § 100. See Oregon Statutes 100.005
(a) The organization of the association of unit owners in accordance with ORS § 100.405, when the initial meeting must be held and the method of calling that meeting.
(b) If required under ORS § 100.205, the formation of a transitional committee in accordance with such section.
(c) The turnover meeting required under ORS § 100.210, including when the meeting must be called, the method of calling the meeting, the right of a unit owner under ORS § 100.210 (3) to call the meeting and a statement of the purpose of the meeting.
(d)(A) The method of calling the annual meeting and all other meetings of the unit owners in accordance with ORS § 100.407; and
(B) The percentage of owners that constitutes a quorum under ORS § 100.408.
(e)(A) The election of a board of directors and the number of persons constituting the board;
(B) The terms of office of directors;
(C) The powers and duties of the board;
(D) The compensation, if any, of the directors;
(E) The method of removal from office of directors under ORS § 100.417; and
(F) The method of filling vacancies on the board.
(f) The method of calling meetings of the board of directors in accordance with ORS § 100.420 and a statement that all meetings of the board of directors of the association of unit owners must be open to unit owners.
(g) The election of a chairperson or president, a secretary, a treasurer and any other officers of the association and any qualifications required of each officer.
(h) The preparation and adoption of a budget in accordance with ORS § 100.483.
(i)(A) The maintenance, repair and replacement of the common elements and association property;
(B) Payment for the expense of maintenance, repair and replacement of common elements and association property and other expenses of the condominium in accordance with ORS § 100.530; and
(C) The method of approving payment vouchers.
(j) The employment of personnel necessary for the maintenance and repair of the common elements.
(k) The manner of collecting assessments from the unit owners.
(L) Insurance coverage in accordance with ORS § 100.435 and the responsibility for payment of the amount of the deductible in an association insurance policy.
(m) The preparation and distribution of the annual financial statement in accordance with ORS § 100.480.
(n) The reserve account and the preparation, review and update of the reserve study and the maintenance plan required under ORS § 100.175.
(o) The filing of an Annual Report and any amendment with the Real Estate Agency in accordance with ORS § 100.250.
(p) The method of adopting and of amending administrative rules and regulations governing the details of the operation of the condominium and use of the common elements.
(q) Restrictions on and requirements respecting the enjoyment and maintenance of the units and the common elements as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.
(r) Any restrictions on use or occupancy of units. Any such restrictions created by documents other than the bylaws may be incorporated by reference in the bylaws to the official records of the county in which the property is located.
(s) The method of amending the bylaws in accordance with ORS § 100.410 and 100.413.
(t) Any other details regarding the property that the declarant considers desirable. However, if a provision required to be in the declaration under ORS § 100.105 is included in the bylaws, the voting requirements for amending the declaration also govern the amendment of the provision in the bylaws.
(u) In the event additional units are proposed to be annexed or created pursuant to ORS § 100.125 or 100.150, the method of apportioning common expenses in the event new units are added during the course of the fiscal year.
(2) The bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [Formerly 94.158; 1995 c.31 § 12; 1999 c.677 § 48; 2001 c.756 § 41; 2007 c.409 § 30; 2009 c.641 § 27; 2019 c.69 § 16]
(Temporary provisions relating to removing discriminatory language from declarations and bylaws)
Sections 5 and 6, chapter 67, Oregon Laws 2021, provide:
Section 6 of this 2021 Act is added to and made a part of ORS Chapter 100. [2021 c.67 § 5]
(1) On or before December 31, 2024, each association of a condominium first established before September 1, 2021, that includes units used for residential purposes shall review the declaration and bylaws of the condominium and shall:
(a) Amend each document as necessary to remove all restrictions against the use of the condominium or the units not allowed under ORS § 93.270 (2) as provided under section 25 of this 2023 Act [93.271]; or
(b) Execute and record a certification that the association has reviewed the declaration and bylaws of the condominium and that the documents do not contain any restriction, rule or regulation against the use of the condominium or the units by a person or group of persons because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.
(2) A certification under subsection (1)(b) of this section:
(a) May be recorded without the vote of the owners or the board members; and
(b) Must be in substantially the following form:
WITH ORS § 93.270 (2).
Pursuant to section 6, chapter 67, Oregon Laws 2021, the undersigned states:
1. The undersigned are the president and secretary for the condominium owners association _________ (name) in _________ County.
2. The declaration was first recorded under instrument number (or book and page number) ____________ recorded on _________. The declaration was most recently amended or restated, if ever, under instrument number _________ recorded on _________.
3. The bylaws were first recorded, if ever, under instrument number (or book and page number) ____________ recorded on _________. The bylaws were most recently amended or restated, if ever, under instrument number _________ recorded on _________.
4. The undersigned have determined that the current declarations and bylaws of the condominium, as last amended or revised, conform with ORS § 93.270 (2) and that there are no provisions that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits. Any such provision that may inadvertently remain is void and unenforceable.
5. Under this section, a vote of the association is not required.
6. The description of the real property in _________ County affected by this document is:
______________________
______________________
Dated this ___ day of ______ 20___.
Name: _________________
President, ____________ (association name)
Dated this ___ day of ______ 20___.
Name: _________________
Secretary, _________ (association name)
The foregoing instrument was acknowledged before me this ___ day of ______ 20___ by _________ and _________.
__________________
Notary Public for Oregon
My commission expires: _________
[2021 c.67 § 6; 2021 c.367 § 5c; 2023 c.223 § 27]
Section 28, chapter 223, Oregon Laws 2023, provides:
(1) The amendments to sections 4 and 6, chapter 67, Oregon Laws 2021, by sections 26 and 27 of this 2023 Act are intended to extend the deadline for compliance with those sections and to clarify the process by which associations may comply with those sections.
(2) Sections 4 and 6, chapter 67, Oregon Laws 2021, as amended by sections 26 and 27 of this 2023 Act, do not apply to a planned community or condominium that:
(a) Was established on or after September 1, 2021; or
(b) Complied with the requirements of section 4 or 6, chapter 67, Oregon Laws 2021, that were in effect before the effective date of this 2023 Act [June 30, 2023], notwithstanding the former deadline for compliance of December 31, 2022. [2023 c.223 § 28]