Oregon Statutes 100.420 – Board meetings; executive sessions
(1) Except as provided in subsection (2) of this section, all meetings of the board of directors are open to unit owners’ attendance. An owner does not have any right to participate in a meeting except as may be provided by the governing documents or the board.
Terms Used In Oregon Statutes 100.420
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Contract: A legal written agreement that becomes binding when signed.
- Electronic meeting: means a meeting that is conducted through telephone, teleconference, video conference, web conference or any other live electronic means where at least one participant is not physically present. See Oregon Statutes 100.005
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Negotiation: means any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, solicitation and promotion of the sale of a unit. See Oregon Statutes 100.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
(2)(a) The board may close the meeting to unit owners and meet in executive session to:
(A) Consult with legal counsel.
(B) Consider the following:
(i) Personnel matters, including salary negotiations and employee discipline;
(ii) Negotiation of contracts with third parties; or
(iii) Collection of unpaid assessments.
(b) Except in the case of an emergency, the board may not meet in executive session unless voted for by the board in an open meeting and the presiding officer of the board states the general nature of the action to be considered, as precisely as possible, when and under what circumstances the deliberations can be disclosed to owners. The statement, motion or decision to meet in executive session must be included in the minutes of the meeting.
(c) A contract or an action considered in executive session is not effective unless the board, following the executive session, reconvenes in open meeting and votes to approve the contract or action, which must be reasonably identified in the open meeting and included in the minutes.
(3) The meeting and notice requirements in this section may not be circumvented by chance or social meetings or by any other means.
(4) A meeting may be conducted as an electronic meeting if:
(a) The meeting allows all participating board members at the meeting to:
(A) Hear and communicate to each other simultaneously; and
(B) Have access to materials before or during the meeting necessary to participate or vote in the meeting.
(b) The meeting allows all persons attending the meeting to simultaneously hear all participating board members.
(c) Any notice of the electronic meeting to board members or unit owners states:
(A) Whether the meeting may or must be attended by electronic means;
(B) The electronic means to be used;
(C) Subject to subsection (2) of this section, how unit owners may attend the electronic meeting by:
(i) Telephone;
(ii) If applicable, Internet connection; and
(iii) If applicable, by meeting at a physical location; and
(D) Any other information to enable a unit owner to attend the meeting.
(5) A person attending or participating in an electronic meeting is considered to be attending or participating at the meeting for all purposes.
(6) In condominiums where the majority of the units are the principal residences of the occupants, for meetings other than emergency meetings, notice of the meeting must include the information required under subsection (4)(c) of this section and must be:
(a) Posted at a place or places on the property at least three days prior to the meeting; or
(b) Provided by a method otherwise reasonably calculated to inform unit owners of the meetings, including by electronic communication under ORS § 100.423.
(7) As used in this section, ‘meeting’ means a convening of a quorum of members of the board of directors at which association business is discussed, except a convening of a quorum of members of the board of directors for the purpose of participating in litigation, mediation or arbitration proceedings. [Formerly 94.164; 1999 c.677 § 49; 2001 c.756 § 43; 2003 c.569 § 33; 2009 c.641 § 28; 2011 c.532 § 12; 2021 c.40 § 6]