Formation of homeowners association

ORS 94.625 Formation of homeowners association adoption of initial bylaws amendment of bylaws (1) Except as provided in subsection (2) of this section, not later than the date on which the first lot in the planned community is conveyed, the declarant shall: (a) Organize the homeowners association as a nonprofit corporation under ORS chapter 65; (b) Adopt, on behalf of the association, the initial bylaws required under ORS 94.635 (Association bylaws) to govern the administration of the planned community; and (c) Record the bylaws in the office of the recording officer of each county in which the planned community is located. (2) If the plat contains a conveyance of any property to the homeowners association, the declarant shall organize the homeowners association as a nonprofit corporation under ORS chapter 65 before the plat is recorded. (3) Intentionally left blank —Ed. (a) The board of directors of an association of a planned community created under ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply) before January 1, 2002, or a planned community described in ORS 94.572 (Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities) shall cause the bylaws of the association and amendments to the bylaws in effect but not codified in the bylaws to be certified as provided in this subsection and recorded in the office of the recording officer of each county in which the planned community is located within 180 days of receipt of a written request from an owner that the bylaws be recorded. (b) The president and secretary of the association shall certify and acknowledge, in the manner provided for acknowledgment of deeds, that: (A) The bylaws are the duly adopted bylaws of the association; and (B) Each amendment to the bylaws was duly adopted in accordance with the bylaws of the association. (c) The 180-day period specified in paragraph (a) of this subsection may be extended as necessary if the board of directors is unable to record the bylaws for justifiable reasons. (d) Failure to record the bylaws or amendments to the bylaws in accordance with this subsection does not render the bylaws or amendments to the bylaws ineffective. (e) After the bylaws are recorded under this section, all amendments to the bylaws adopted thereafter must be recorded as provided in this section. (4) Unless otherwise provided in the bylaws, amendments to the bylaws may be proposed by a majority of the board of directors or by at least 30 percent of the owners of the planned community. (5) Subject to subsection (6) of this section, an amendment is not effective unless the amendment is: (a) Approved, unless otherwise provided in the bylaws, by a majority of the votes in a planned community present, in person or by proxy, at a duly constituted meeting, by written ballot in lieu of a meeting under ORS 94.647 (Use of written ballot for approving or rejecting matters subject to meeting of association members) …

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