36.175. The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party. ����� (b) If

36.175. The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party.

����� (b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance of the offer to participate in the program must contain the name, address and telephone number of the body administering the dispute resolution program.

����� (c) If a qualified dispute resolution program exists within the county in which the condominium is located and an offer to use the program is not made as required under paragraph (a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the noninitiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process.

����� (d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed.

����� (e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made.

����� (f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. [Formerly 94.146; 1997 c.816 �9; 1999 c.677 �47; 2001 c.756 �39; 2003 c.569 �28; 2007 c.410 �11; 2009 c.641 �24; 2011 c.532 �9; 2019 c.69 �31]

����� 100.407 Annual and special meetings of association. (1) The association of unit owners shall conduct at least one meeting of the owners each calendar year.

����� (2)(a) Special meetings of the association may be called by the chairperson or president of the board of directors, by a majority of the board of directors or by the chairperson, president or secretary upon receipt of a written request of a percentage of unit owners specified in the bylaws. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the unit owners for the purpose of calling a meeting.

����� (b) If the bylaws do not specify a percentage of unit owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the unit owners make the request in writing. Notice of the special meeting must be given as specified in this section.

����� (3) If the unit owners request a special meeting under subsection (2) of this section and the notice is not given within 30 days after the date the written request is delivered to the chairperson or president or the secretary, a unit owner who signed the request may set the date, time and place of the meeting and give notice as provided in subsection (4) of this section.

����� (4)(a) Not less than 10 nor more than 50 days before any meeting called under this section, the secretary or other officer of the association specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each unit owner or to the mailing address designated in writing by the unit owner, and to all mortgagees that have requested the notice.

����� (b) The notice must state the date, time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or, if the officer is elected by the owners, to remove an officer of the association.

����� (5) Mortgagees may designate a representative to attend a meeting called under this section.

����� (6) A meeting of owners under this section, including special meetings, may be conducted as an electronic meeting if the electronic meeting:

����� (a) Allows all owners participating to hear each other simultaneously and to be able to communicate during the meeting.

����� (b) Provides for the verification that a person participating is an owner or is otherwise authorized to participate in the meeting.

����� (c) Provides for owners to have access to material necessary to participate or vote during or before the meeting.

����� (7) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1999 c.677 �59; 2003 c.569 �30; 2007 c.409 �25; 2019 c.69 �35; 2021 c.40 �7]

����� Note: 100.407 and 100.408 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 100.408 Quorum for meeting of association. (1) Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights.

����� (2) If any meeting of the association of unit owners cannot be organized because of a lack of a quorum, the unit owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.

����� (3) Subject to subsection (4) of this section, the quorum for a meeting following a meeting adjourned for lack of a quorum is the greater of:

����� (a) One-half of the quorum required in the bylaws; or

����� (b) The number of persons who are entitled to cast 20 percent of the votes in the association of unit owners.

����� (4) The quorum is not reduced under subsection (3) of this section unless:

����� (a) The meeting is adjourned to a date that is at least 48 hours from the date the original meeting was called; or

����� (b) The meeting notice specifies:

����� (A) The quorum requirement will be reduced if the meeting cannot be organized because of a lack of a quorum; and

����� (B) The reduced quorum requirement.

����� (5) For the purpose of establishing a quorum under this section, an individual who holds a proxy and an absentee ballot, if absentee ballots are permitted, counts as a present owner. [1999 c.677 �60; 2007 c.409 �26; 2009 c.641 �25; 2011 c.532 �10]

����� Note: See note under 100.407.

����� 100.409 Rules of order. (1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert�s Rules of Order published by the Robert�s Rules Association.

����� (2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied.

����� (3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. [2001 c.756 �58; 2009 c.641 �26]

����� Note: 100.409 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.

����� 100.410 Adoption of bylaws; amendment. (1) The declarant shall adopt and execute on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws must be approved by the Real Estate Commissioner and recorded simultaneously with the declaration as an exhibit or as a separate instrument.

����� (2) Provisions of the bylaws that regulate amendments to the bylaws:

����� (a) Must be consistent with the provisions of this chapter operative on the date the bylaws are recorded.

����� (b) Control the amendment process.

����� (c) May be used to amend provisions of the bylaws related to the amendment process as needed to be in compliance with the provisions of this chapter in effect on the date the amendment becomes effective.

����� (3) Unless otherwise provided in the declaration or 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.

����� (4) An amendment of the bylaws is not effective unless the amendment is:

����� (a) In compliance with subsections (5), (6) and (7) of this section and ORS 100.415 (1)(t);

����� (b) Approved by at least a majority of the unit owners;

����� (c) Certified by the association as adopted in accordance with the bylaws and the provisions of this section and acknowledged;

����� (d) Approved by the Real Estate Commissioner if required under ORS 100.413; and

����� (e) Recorded in the office of the recording officer of each county in which the condominium is located.

����� (5) In condominiums that are exclusively residential:

����� (a) The bylaws may not require more than a majority of the unit owners to amend the bylaws.

����� (b) Notwithstanding paragraph (a) of this subsection, amendments relating to age restrictions, pet restrictions, limitations on the number of persons who may occupy units and limitations on the rental or leasing of units are not effective unless approved by at least 75 percent of the owners or a greater percentage specified in the bylaws.

����� (6) If the declaration specifies that any of the units will be used for residential purposes, an amendment to the bylaws relating to a matter in subsection (5)(b) of this section is not effective unless the amendment is approved by 75 percent, or any greater percent specified by the bylaws, of the owners of units that the declaration specifies will be used for residential purposes.

����� (7) The bylaws may not be amended to limit or diminish any special declarant right without the consent of the declarant or unless the declarant has waived the declarant�s right of consent.

����� (8) Notwithstanding a provision in the bylaws, including bylaws adopted before July 14, 2003, that requires an amendment to be executed, or executed and acknowledged, by all owners approving the amendment, amendments to the bylaws take effect in accordance with this section.

����� (9) An amendment to the bylaws is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to the amendment unless the presumption is effectively rebutted in an action brought within one year after the effective date of the amendment or the face of the amendment indicates that the amendment received the approval of fewer votes than required for the approval. Nothing in this subsection prevents the further amendment of an amended bylaw. [Formerly 94.152; 2001 c.756 �40; 2003 c.569 �31; 2005 c.22 �76; 2007 c.409 �34; 2007 c.410 �13; 2009 c.641 �26a; 2019 c.69 �15]

����� 100.411 Restated bylaws. (1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include:

����� (a) The words �Restated Bylaws� in the title of the bylaws;

����� (b) All previously adopted amendments that are recorded and in effect;

����� (c) A statement that the board of directors has adopted a resolution under this subsection to restate and record amended bylaws under this section;

����� (d) A reference to the recording index numbers and date of recording of the initial bylaws and of all previously recorded amendments to the bylaws that are in effect and are being codified; and

����� (e) A certification by the association that:

����� (A) The restated bylaws include all previously adopted amendments that are recorded and in effect; and

����� (B) Other changes were not made to the bylaws except, if applicable, to correct scriveners� errors or to conform format and style.

����� (2) In the preparation of restated bylaws under this section, the board may not make any changes to the bylaws except as necessary to correct a scriveners� error or to conform format and style.

����� (3) If the restated bylaws conflict with the recorded and effective document that amended the bylaws, the document that amended the bylaws controls.

����� (4) A restatement of bylaws prepared and recorded under this section must be:

����� (a) Executed and acknowledged by the chairperson or president of the association and by the secretary of the association;

����� (b) Approved by the Real Estate Commissioner if required under ORS 100.413; and

����� (c) Recorded in the office of the recording officer of every county in which the condominium is located. [2019 c.69 �12]

����� Note: 100.411 and 100.413 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 100.412 [1999 c.677 �58; 2007 c.409 �26a; renumbered 100.483 in 2019]

����� 100.413 Approval of amended or restated bylaws. (1)(a) For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner.

����� (b) Within five years after the recording of bylaws recorded on or after October 3, 1989, an amendment to the bylaws must be approved by the Real Estate Commissioner.

����� (2) Except as provided by subsection (4) of this section, notwithstanding a requirement in the bylaws that any amendment to the bylaws be approved by the commissioner, amendments adopted more than five years after recording the initial bylaws do not require approval by the commissioner.

����� (3) Bylaws that are restated under this chapter on or after July 14, 2003, and within five years of the recording of the bylaws must be approved by the commissioner.

����� (4) Bylaws recorded on or after January 1, 2020, may require that any or all amendments to the bylaws or restatements of the bylaws under ORS 100.411 be approved by the commissioner under this section.

����� (5) The person submitting amended bylaws or restated bylaws for approval shall submit a filing in accordance with ORS 100.668 and the fee required by ORS 100.670.

����� (6) Upon compliance with subsection (5) of this section, the commissioner shall approve:

����� (a) A bylaw amendment that complies with ORS 100.410 and 100.415 and this section; and

����� (b) Restated bylaws that comply with ORS 100.411 and this section.

����� (7) If the amended bylaw or restated bylaws approved by the commissioner under this section are not recorded as required in ORS 100.410 or 100.411 within one year from the date of approval by the commissioner, the approval expires and the amended bylaw or restated bylaws must be resubmitted for approval. The commissioner�s approval must set forth the date on which the approval expires.

����� (8) An association of unit owners may request that the commissioner approve a bylaw amendment or restated bylaws under ORS 100.411 for which approval is not required under this section, subject to subsections (5) and (7) of this section.

����� (9) The association shall submit a copy of the recorded bylaw amendment or restated bylaws to the commissioner. [2019 c.69 �13]

����� Note: See note under 100.411.

����� 100.415 Contents of bylaws. (1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for:

����� (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