Bylaws

Applicable Statutes

• ORS 94 - Planned Community Act
• ORS 65 - Nonprofit Corporation Act

Applicability of ORS 94

"Default Provisions"

Governing Documents

• Declaration / CC&Rs
• Plat
• Articles of Incorporation
• Bylaws
• Rules, Regulations & Resolutions

Declaration

• Description of property
• Number of votes per Lot
• Assessment authority
• Architectural controls
• Use restrictions

Plat

Meanings of Majority

• "Majority of those present at a meeting where a quorum is established"
• "Majority of those voting"
• "Majority of all owners"

Contents of Bylaws

Method of Calling Meetings

• Board
• Annual
• Special
• Committee

Quorum Requirement

Election and Number of Directors

• Resignations
• Vacancies
• Removal

Officers

• Difference between officers & directors
• Officer positions

Powers & Duties of Board

• Adopt rules
• Employee staff
• Record keeping
• Maintain common areas
• Maintain insurance

Preparation & Adoption of Budget

Insurance

• Property
• Liability
• Directors & Officers
• Fidelity

Collection of Assessments

• Due date
• Interest & late fees
• Lien rights
• Foreclosure

Method of Amending

• Review proposed amendment
• Explain purpose
• Vote (electronically or by mail)
• Sign and record