ORS 93.271 Amending declarations or bylaws to remove discriminatory provisions; recording; filing

(1)

Notwithstanding ORS 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk’s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:

(a)

The amendment is made to conform the declarations or bylaws to the requirements of ORS 93.270 (2); and

(b)

The amendment is signed by the president and secretary of the homeowners association.

(2)

The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS chapter 205 and must be in substantially the following form: __________________________________________

AMENDMENT OF

[DECLARATION/BYLAWS]

TO COMPLY WITH ORS 93.270 (2).

Pursuant to this section, the undersigned states: 1. The undersigned are the president and secretary for the [homeowners/condominium owners] association (name) in County. 2. This document amends the [declaration/bylaws] of the association. 3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) recorded on . 4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) recorded on . 5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS 93.270. The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS 93.270 (2). No other changes to the document are being made except as may be necessary to correct scriveners’ errors or to conform format and style. 6. Under this section, a vote of the association is not required. 7. The description of the real property in County affected by this document is: Dated this day of 20 . Name: President, (association name) Address: Phone No.: Dated this day of 20 . Name: Secretary, (association name) Address: Phone No.:

STATE OF OREGON )

) ss. County of ) The foregoing instrument was acknowledged before me this day of 20 by and . Notary Public for Oregon My commission expires: __________________________________________

(3)

If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the

recorded instrument with the Real Estate Commissioner.