and paragraph (b) of this subsection or other provisions of the Oregon

100.625 and paragraph (b) of this subsection or other provisions of the Oregon Condominium Act, an amendment must be approved by all unit owners if:

����� (i) The amendment changes the boundary of the property submitted to the condominium form of ownership;

����� (ii) The amendment changes the boundary of a unit; or

����� (iii) The amendment creates an additional unit from common elements or part of one or more units, or both.

����� (B) An amendment under this subsection constitutes a conveyance and must include words of conveyance and, if an additional unit is created, must state the name of the grantee and unit designation. If an additional unit is created from common elements, the association is the initial grantee of the additional unit. A subsequent conveyance of the additional unit must be made by a deed certified by the association and acknowledged.

����� (C) An amendment that changes the boundary of a unit must also be executed by the owners of all affected units, and approved by lenders holding a security in the unit.

����� (b) An amendment that adds property owned by the association to the condominium as a common element constitutes a conveyance and must:

����� (A) Be approved by at least 75 percent of owners;

����� (B) Contain words of conveyance;

����� (C) Be certified by the association in accordance with subsection (2)(b) of this section; and

����� (D) Be accompanied by a plat amendment in accordance with ORS 100.116 if the amendment includes changes that are inconsistent with the surveyor�s certificate or other information on the plat, a supplemental plat or a plat amendment, and that require a plat amendment under ORS 100.116.

����� (c) Paragraph (b) of this subsection does not require that property acquired or held by the association pursuant to ORS 100.405 (4)(i) be added to the condominium.

����� (d) If the association owns the fee title to the real property underlying a leasehold condominium, the association may amend the declaration under paragraph (b) of this subsection to require the fee title interest to submit to the requirements of this chapter.

����� (6) Except as otherwise provided in ORS 100.005 to 100.627, an amendment may not change the allocation of undivided interest in the common elements, the method of determining liability for common expenses, the method of determining the right to common profits or the method of determining voting rights of any unit unless such amendment has been approved by the owners of the affected units.

����� (7) The declaration may not be amended to limit or diminish any right of a declarant reserved under ORS 100.105 (2) or (7) or any other special declarant right without the consent of the declarant unless the declarant waives the declarant�s right of consent.

����� (8) This section does not affect any other approval that may be required by the declaration, bylaws or other instrument.

����� (9) During a period of declarant control reserved under ORS 100.200, an amendment under this section must be voted on without regard to any weighted vote or other special voting allocation reserved by the declarant unless the declaration provides that the declarant has the right to exercise the voting rights with respect to specifically described amendments. Nothing in this subsection prohibits a declarant from reserving the right that declarant�s consent is required for an amendment during a period of declarant control reserved in the declaration.

����� (10) An amendment to a declaration or a supplemental declaration is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to such amendment unless an action is brought within one year after the date the amendment was recorded or the face of the recorded amendment indicates that the amendment did not receive the votes required for approval. Nothing in this subsection prevents the further amendment of an amended declaration or plat in accordance with ORS 100.005 to 100.627.

����� (11) An amendment to a declaration or supplemental declaration, including an amendment under this section or ORS 100.515 (5), must conform to any format and include any additional information required by the commissioner. [Formerly 94.059; 1995 c.31 �3; 1997 c.816 �6; 1999 c.677 �70; 2001 c.756 �31; 2003 c.569 �26; 2009 c.641 �21; 2019 c.69 �9]

����� 100.140 Temporary relocation of floating structure; security interests upon termination of condominium. (1) A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, the condominium shall be terminated or, if there are remaining units, partially terminated pursuant to ORS 100.600 and subsection (2) of this section.

����� (2) If the condominium is terminated, all security interests affecting any interest in the condominium shall continue to be considered a security in real property after the termination, notwithstanding that the floating structure portion of the condominium may be physically moved from its permanent moorage.

����� (3) When a floating structure has been relocated under subsection (1) of this section, the board of directors of the association shall give written notice of the temporary location of the structure to the county assessor within 10 days of the relocation. [1997 c.816 �18]

����� Note: 100.140 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

FLEXIBLE CONDOMINIUMS

����� 100.150 Declarant�s options until termination date. (1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 and 100.120, the declarant may:

����� (a) Reclassify all or a portion of the property designated as variable property in the declaration and on the plat, as one or more general common elements, limited common elements, units or a combination of the elements and units;

����� (b) Unless designated in the declaration and on the plat or in a supplemental declaration and on the supplemental plat as nonwithdrawable variable property, withdraw all or a portion of the variable property from the condominium; and

����� (c) Subject to the requirements of ORS 100.105 (7)(m), change the designation of all or a portion of variable property designated withdrawable variable property in the declaration and on the plat or in a supplemental declaration and on the supplemental plat to nonwithdrawable variable property.

����� (2) Until variable property is withdrawn or reclassified as provided in subsection (1) of this section or under ORS 100.155 (1):

����� (a) The property is a distinct classification of property and may not be a common element or unit of the condominium.

����� (b) The property is considered a parcel of real property and is subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property.

����� (c) Unless otherwise specifically provided in the declaration or supplemental declaration:

����� (A) The declarant shall pay all assessments, taxes and other expenses of the variable property. If the declarant fails to pay any expenses of any variable property designated as nonwithdrawable variable property, the board of directors may elect to pay the expenses and assess the unit owners as a common expense. All costs incurred may be charged to the declarant.

����� (B) Ownership or occupancy of variable property does not confer any right to use the common elements of the condominium.

����� (C) Ownership or occupancy of units does not confer any right to use variable property.

����� (D) Variable property is not subject to assessments for expenses of the condominium. [Formerly