94.053; 2003 c.569 �25; 2009 c.641 �46; 2019 c.69 �8] ����� 100.135 Amendments to declaration; requirements; procedure. (1) Unless otherwise provided in the declaration, an amendment to the declar

94.053; 2003 c.569 �25; 2009 c.641 �46; 2019 c.69 �8]

����� 100.135 Amendments to declaration; requirements; procedure. (1) Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the association of unit owners or by at least 30 percent of the unit owners.

����� (2) Except as otherwise provided in ORS 100.005 to 100.627, an amendment of the declaration is not effective unless:

����� (a) The amendment is approved by the unit owners as provided in this section and the Real Estate Commissioner and county assessor according to ORS 100.110; and

����� (b) The amendment is certified by the association as being adopted in accordance with the declaration and the provisions of this section, acknowledged and recorded, notwithstanding a provision in a declaration, including a declaration recorded before January 1, 2002, that requires amendments to be executed and acknowledged by all owners approving the amendment.

����� (3) Except as otherwise provided in ORS 100.105 or 100.130 or this section, the declaration may be amended only with the approval of at least 75 percent of owners, or such greater percentage as may be required by the declaration.

����� (4) Unless the declaration requires a greater percentage:

����� (a) The declaration and plat may be amended to change a general common element to a limited common element or change the boundary of a limited common element with the approval of at least 75 percent of owners and approval of the owners of all units to which the limited common element appertains.

����� (b) The declaration may be amended to change a limited common element, or portion thereof, to a general common element with the approval of the owners of all units to which the limited common element appertains and the board of directors.

����� (5)(a)(A) Except as otherwise provided in ORS 100.120, 100.130, 100.515, 100.600, 100.605 and