Arbor Court
Condominiums
-
Corvallis,
Oregon
- Platted in 1981
-
4 home lots
- Includes the streets of - Grant
Street
-
CCR's (Covenants, Conditions and Restrictions)- See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Arbor Court
Condominiums Plat
Map-Arbor
Court Condominiums Home Styles-
CCR's
(Covenants, Conditions and Restrictions)-Click here to view recorded document - Click here to view recorded document -
DECLARATION
SUBMITTING ARBOR COURT
TO OREGON
UNIT OWNERSHIP LAW
THIS DECLARATION, pursuant to the
provisions of the Oregon
Unit Ownership
Law, is made and executed this 23rd day of
February,
1981 by TERRY E. LUSH, LINDA M. LUSH, CLEVE A. WILLIAMS MARY C.
WILLIAMS,
JACKSON C.K. COOPER, SCOTTIE J. COOPER , GLEN E. JOHNSTON and BARBARA
A.
JOHNSTON.
Declarant proposes to create a
condominium to be known as Arbor
Court, which will be located in
the City of Corvallis,
Benton County, Oregon.
The purpose of this declaration is to submit Arbor
Court to the condominium form of
ownership and use
in the manner provided by the Oregon Unit Ownership Law.
NOW, THEREFORE, Declarant does hereby
declare and provide as
follows: ARTICLE I DEFINITIONS
When used in this declaration the
following terms shall have
the following meanings:
1.1 "Bylaws" means the Bylaws of the
Association
of Unit Owners of Arbor Court adopted pursuant to Section 14.4 below as
the
same may be amended from time to time.
1.2 "Condominium" means all of that
property
submitted to unit ownership by this declaration.
1.3 "Declarant" means Terry E. Lush,
Linda M.
Lush, Cleve A. Williams, Mary C. Williams, Jackson C.K. Cooper, Scottie
J.
Cooper, Glen E. Johnston, Barbara A. Johnston, and their successors and
assigns.
1.4 "Mortgage" and "Mortgagee" mean,
respectively, a recorded mortgage, trust deed or contract of sale which
creates
a lien against a unit, and the holder, beneficiary or vendor of such a
mortgage, trust deed or contract of sale.
1.5 "Plans" means the plat and floor
plans of
Arbor Court recorded simultaneously with the recording of this
declaration.
1.6 Incorporation by Reference.
Except as otherwise provided
in this declaration, each of the terms defined in ORS 91.500, part of
the
Oregon Unit Ownership law, shall have the meanings set forth in such
section.
ARTICLE II
SUBMISSION OF PROPERTY TO CONDOMINIUM
STATUTE
The property submitted to the Oregon
Unit Ownership Law by
this declaration is held by Declarant and conveyed by Declarant in fee
simple
estate. The land submitted Is located in the City of Corvallis, Renton
County,
Oregon, and is more particularly described in the attached Exhibit A.
The
property submitted includes the land so described, all buildings,
improvements
and structures, all easements, rights and appurtenances, and all
personal
property located on, belonging to or used in connection with such land.
ARTICLE III
NAME OF CONDOMINIUM
The name by which the condominium
shall be known is
"Arbor Court". ARTICLE IV
UNITS
4.1
General
Description of Buildings. The property contains two buildings of
dwelling
units. Each of such buildings contains one story, without basement. The
buildings are of wood frame construction with wood siding and
composition
shingle roofs.
4.2
General
Description, Location and Designation of Units. The property consists
of a
total of four units. The dimensions, designation and location of each
unit is
shown in the Plans, which are made a part of this declaration as if
fully set
forth herein. Each unit contains approximately 1,000 square feet.
4.3
Boundaries of
Units. Each unit shall be hounded by the interior surfaces of its
perimeter and
hearing walls, floors, ceilings, windows and window frames, doors and
doorframes, and trim. The unit shall include all lath, furring,
wallboard,
plasterboard, plaster, paneling, tiles, wallpaper, paint, finished
flooring and
any other materials constituting any part of its finished surfaces and
the
exterior surfaces so described. All other portions of the walls, floors
or
ceilings shall be a part of the common elements. In addition, each unit
shall
include the following: (a) All spaces, nonbearing interior partitions,
windows,
window frames, exterior doors, door frames and all other fixtures
and improvements within the
boundaries of the unit; and (b)
All outlets of utility service lines, including but not limited to
power,
light, gas, hot and cold water, heating, refrigeration, air
conditioning and
waste disposal, within the boundaries of the unit, but shall not
include any
part of such lines or ducts themselves.
ARTICLE V GENERAL COMMON ELEMENTS
The general common elements consist
of the following:
5.1
The land,
pathways, driveways, fences, grounds, and parking areas, except parking
spaces
bearing the number of a unit as shown on the plans, which are
designated as
limited common elements by Article VI below.
5.2 Pipes, ducts, flues, chutes,
conduits, wires and other
utility installations to their outlets.
5.3 Roofs, foundations, bearing
walls, perimeter walls,
beams, columns and girders to the interior surfaces thereof.
5.4 The outside surfaces of entry
porches and decks.
5.5
All other
elements of the buildings and the property necessary or convenient to
their
existence, maintenance and safety, or normally in common use, except as
may he
expressly designated in this declaration as part of a unit or a limited
common
element.
ARTICLE V1 LIMITED COMMON ELEMENTS
The following shall constitute
limited common elements, the
use of which shall be restricted to the units to which they pertain:
6.1
All entry porches
and decks, except for the outside surfaces thereof, and storage areas
located
off decks, each of which shall pertain to the unit, which it adjoins.
6.2
Parking spaces,
including carports, which hear the number of a unit as, shown on the
Plans,
each of which shall pertain to the unit whose number it bears in the
Plans.
6.3 Fenced yards as shown on the
Plans, each of which, shall
pertain to the unit which it adjoins.
ARTICLE VII
ALLOCATION OF UNDIVIDED INTERESTS IN
COMMOM ELEMENTS
Each unit will be entitled to an
equal 1/4th undivided
ownership interest In the common elements.
ARTICLE VIII
COMMON PROFITS AND EXPENSES; VOTING
8.1
Allocation of
Common Profits and Expenses. The common profits derived from and the
common
expenses of the common elements shall be distributed and charged to the
owner
of each unit according to the allocation of undivided interest of such
unit in
the common elements.
8.2
Allocation of
Voting Rights. Each unit owner shall he entitled to one vote in the
affairs of
the association and for the purposes of this declaration for each unit
owned by
him. The method of voting shall be as
specified in the
bylaws.
ARTICLE I X
SERVICE OF PROCESS
The name of the person to receive
service of process in
cases provided in Subsection (1) of ORS 91.578 is Terry E. Lush and his
place
of business within Benton County, Oregon, is 226 S.W. Second Street,
Corvallis,
Oregon 97330.
ARTICLE X
USE OF PROPERTY
Each unit is to be used for
residential purposes as
described in the bylaws.
Additional
limitations on use are contained in the Bylaws and the rules and
regulations
adopted pursuant to the Bylaws. Each unit owner shall he bound by each
of such
documents.
Encroachments shall exist, and the
rights and obligations of
owners shall not be altered in any way by the encroachment. The
encroachments
described in this Section 12.2 shall not be construed to be
encumbrances
affecting the marketability of title to any unit.
12.3
Granting of
Easements by Association. The association of unit owners, upon prior
approval
of 75 percent of the voting power of the unit owners, may execute,
acknowledge,
deliver and record on behalf of the unit owners easements, rights of
way,
licenses, and similar interests affecting the common elements. Any such
instrument
shall be executed by the chairman and secretary of the association. No
such
interest may he granted with regard to a limited common element unless
the
owners and mortgagees of the units having the right to use such limited
common
elements join in the instrument granting the interest.
12.4
Right of Entry.
A unit owner shall grant the right of entry to the board of directors
of the
association, managing agent, manager or any other person authorized by
the
board of directors in the case of any emergency originating in or
threatening
his unit or other condominium property, whether or not the owner is
present at
the time. A unit owner shall also permit such persons to enter his unit
for the
purpose of performing installations, alterations or repairs to any
common
element and for the purpose of inspection to verify that the unit owner
is
complying with the restrictions and requirements described in this
declaration
and the Bylaws, provided that requests for entry are made in advance
and that
such entry is at a time convenient to the owner.
12.5
Easements for
Declarant. Declarant and Declarant's agents, successors ant assigns
shall have
an easement over and upon the common elements for the purpose of
completing or
making repairs to existing structures and carrying out sales and rental
activities necessary or convenient for the sale or rental of units,
including,
without limitation, the right to use the units owned by Declarant as
model
units and the right to use a unit as a sales office.
ARTICLE XIII
APPROVAL BY MORTGAGEES
In addition to any other approvals
required by the Oregon
Unit Ownership Law, this declaration or the Bylaws, the prior written
approval
of 75 percent of the holders of first mortgages of units in the
condominium
based upon one vote for each mortgage owned must he obtained for the
following.
ARTICLE XI
MAINTENANCE OF COMMON ELEMENTS
11.1
Responsibility
for Maintenance. The necessary work to maintain, repair or replace the
common
elements shall be the responsibility of the hoard of directors of the
association and shall be carried out as provided in the Bylaws.
11.2
Mortgagee's
Rights Upon Failure to Maintain. If the mortgagee of any unit
determines that
the hoard of directors is not providing an adequate maintenance, repair
and
replacement program for the common elements, such mortgagee, at its
option, may
deliver a notice to the hoard of directors by delivering same to the
registered
agent, as required pursuant to ORS 91.578, setting forth the particular
defect
which it believes exists in the maintenance, repair and replacement
program. If
the specified defects are not corrected within 90 days subsequent to
receipt of
such notice, then the mortgagee, upon written notice to the registered
agent
that it is exercising its proxy rights, shall have the right to attend
succeeding annual or special meetings of the association and to cast a
vote for
each unit on which it holds a mortgage on all business coming before
such
meeting. Such proxy rights shall continue until the defects listed on
the notice
are corrected.
ARTICLE Xll EASEMENTS
12.1
In General.
Each unit has an casement in and through
each other unit and the common elements for all support
elements and utility, wiring, heat, and service elements, and for
reasonable
access thereto, as required to effectuate and continue proper operation
of the
condominium. In addition, each unit and all the common elements are
specifically subject to easements as required for the electrical wiring
and
plumbing for each unit. The specific mention or reservation of any
easement in
this declaration does not limit or negate the general easement for
common
elements reserved by law.
12.2
Encroachments.
Each unit and all common elements shall have an easement over all
adjoining
units and common elements for the purpose of accommodating any present
or
future encroachment as a result of engineering errors, construction,
reconstruction, repairs, settlement, shifting, or movement of any
portion of
the property, or any other similar cause, and any encroachment due to
building
overhang or projection. There shall be valid easements for the
maintenance of
the encroaching units and common elements so long as the
13.1 The
abandonment, termination or removal of the property from unit
ownership, except
when provided by law in the case of substantial destruction by fire or
other
casualty or in the case of a taking by condemnation or eminent domain;
13.2
The partition
or subdivision of any unit or of the common elements;
13.3 Any material amendment to this
declaration or the
Bylaws, including, but not limited to, any change in the allocation of
interests in the common elements of the unit owners;
13.4
Abandonment,
encumbrance, sale or transfer of the common elements. The granting of
easements
for public utilities or for other public purposes consistent with the
intended
use of the common elements by the condominium project shall not be
deemed a
transfer within the meaning of this clause; or
13.5
Use of hazard
insurance proceeds for losses to any condominium property, whether to
units or
to common elements, for other than the repair, replacement or
reconstruction of
such improvements, except as provided by statute in cases of
substantial loss
to the units and/or common elements of the condominium project.
ARTICLE XIV ASSOCIATION OF UNIT OWNERS
14.1
Organization.
Upon the recording of this declaration an association of unit owners
shall he
organized to serve as a means through which the unit owners may take
action
with regard to the administration, management and operation of the
condominium. The name of this
association shall he
"Association of Unit Owners of Arbor Court," and the association
shall be an unincorporated association.
14.2
Membership;
Board of Directors.
Each unit
owner shall he a
member of the association. The
affairs of the association
shall he governed by a board of directors as provided in the Bylaws.
14.3
Powers and
Duties. The association shall have such powers and duties as may he
granted to
it by the Oregon Unit Ownership Law, including each of the powers set
forth in
ORS 91.527(4), together with such additional powers and duties afforded
it by
this declaration or the Bylaws.
14.4
Adoptition of
Bylaws, Appointment of Interim Board, and Designation of Manager. Upon
the
execution and the filing of this declaration, Declarant shall adopt
bylaws for
the
association, which bylaws are
attached as Exhibit R. At the
same time, Declarant will appoint an interim board of directors of the
association, which directors shall serve until their successors have
been
elected as provided In the bylaws. Such interim board of directors may
appoint
a manager or managing agent for the condominium on behalf of the
association,
and such manager or managing agent shall have complete authority to
assume full
control and responsibility for the management, operation and
maintenance of the
condominium from the date of its formation at the expense of the
association.
Notwithstanding any other provision of this section, any management
agreement
or other contract providing for services by Declarant shall provide for
termination on 90 days' written notice and shall have a maximum
contract term
of one year.
ARTICLE XV AMENDMENT
15.1
Approval
Required. Except as may otherwise he provided in this declaration or by
the
Oregon Unit Ownership Law, this declaration may he amended if such
amendment is
approved by unit owners holding 75 percent of the voting rights of the
condominium. Declarant's prior written consent shall also he required
so long
as Declarant owns any unit in the condominium, but no such consent
shall be
required after two years after the date this declaration is recorded.
No
amendment may change the size, location, and allocation of undivided
interest
in the common elements, share of common profits or expenses, or voting
rights
of any unit unless such amendment has been approved by the owners and
mortgagees of the affected unit.
15.2
Recordation. The
amendment shall he effective upon recordation of the Declaration as
amended or
of the amendment thereto, certified to by the chairman and secretary of
the
association and approved by the County Assessor and the Real Estate
Commissioner, in the Deed Records of Benton County.
ARTICLE. XVI SEVERABILITY
Each provision of this declaration
and the Bylaws shall he
deemed independent and severable, and the validity or partial
invalidity of an
provision shall not affect the validity or enforceability of the
remaining part
of that or any other provision of this declaration or the Bylaws.
IN WITNESS WHEREOF, Declarant has
caused this declaration to
be executed
this 23rd day
of February, 1980.
Exhibit
B
BYLAWS OF THE ASSOCIATION OF UNIT OWNERS OF
ARBOR COURT
ARTICLE I
PLAN OF UNIT OWNERSHIP
1.1
Name and Location. These are the bylaws of the
ASSOCIATION OF UNIT OWNERS OF ARBOR COURT (hereinafter the
"Association"). Arbor Court (hereinafter the "condominium")
is located in the City of Corvallis,
Benton County, Oregon,
and has been submitted to he Oregon Unit Ownership Law by a declaration
filed
simultaneously herewith (hereinafter called "the declaration"). The
location of the condominium is more specifically described in the
declaration.
1.2 Principal Office. The principal
office of the
Association shall be located at 226
S.W. Seventh Street, Corvallis,
Oregon 97330,
or such other address as
may he 'designated by the board of directors from time to time.
1.3 Purposes. This Association is
formed under the
provisions of the Oregon Unit Ownership Law to serve as the means
through which
the unit owners may take action with regard to the administration,
management
and operation of the condominium.
1.4 Applicability of Bylaws. The
Association, all unit
owners, and all persons using the condominium property shall he subject
to
these bylaws and to all rules and regulations which may he promulgated
hereunder.
1.5 Composition of Association. The
Association shall be
composed of all the unit owners of the condominium, including Terry F.
Lush,
Linda M. Lush, Cleve A. Williams, Mary C. Williams, Jackson C.K.
Cooper,
Scottie J. Cooper, and Glen E. Johnston and their successors and
assigns
(hereinafter, "the declarant"), and the Association, itself, to the
extent any of these own any unit or units of the condominium.
1.6 Incorporation. Upon approval of
seventy-five percent
(757) of the unit owners the Association may be incorporated under the
Oregon
Non-Profit Corporation Law. In such event, the Articles of
Incorporation shall
be consistent with the declaration and these bylaws, and these bylaws
shall
constitute the bylaws of the incorporated association.
1.7 Definitions.The definitions
contained in or adopted by
the declaration shall be applicable to these bylaws.
ARTICLE II MEETINGS OF ASSOCIATION
2.1
Place of
Meetings. The Association shall hold meetings at such suitable place
convenient
to the unit owners as may he designated by the board of directors from
time to
time.
2.2
First
Organizational Meeting. Within two years after the declarant has
submitted the
condominium to unit ownership and adopted these bylaws as owner of all
the
units, or within ninety (90) days after declarant has sold and conveyed
all of
the units in the condominium, whichever is earlier, the declarant shall
call
the first meeting of the unit owners to organize the Association and to
elect
directors. In the event of lack of quorum at such first organizational
meeting,
it may be adjourned to the time of the next annual meeting.
2.3
Annual Meetings.
The annual meetings of the Association shall he held in the months of
January
or February at such hour and on such date as the chairman may
designate, or if
the chairman should fail to designate such date by the first day of
February,
then on the last Tuesday in February. The annual meetings shall he for
the
purpose of electing directors and for the transaction of such other
business as
may properly come before the meeting.
2.4
Special Meetings.
Special meetings of the Association may he called by the chairman or
secretary
or by a majority of the hoard of directors, and must be called by such
officers
upon receipt of a written request from at least thirty percent (30%) of
the
unit owners stating the purpose of the meeting. Business transacted at
a
special meeting shall be confined to the purposes stated in they notice.
2.5
Notice of
Meetings. Notice of all meetings of the Association stating the time
and place
and the objects for which the meeting is being called shall be given by
the
chairman or secretary. Such notice shall be in writing and mailed to
each unit
owner at his address as it appears on the books of the Association and
to any
first mortgagee requesting such notice not less than ten (10) days nor
more
than fifty (50) days prior to the date of the meeting. Proof of such
mailing
shall be given by the affidavit of the person giving the notice. Notice
of
meeting may be waived by any unit owner before or after meetings. When
a
meeting is adjourned for less than 30 days, no notice of the adjourned
meeting
need he given other than by announcement at the meeting at which such
adjournment takes place.
2.6
Voting. Each unit
owner shall have one vote for each unit in the condominium owned by
him. The
declarant shall he entitled to vote as the unit owner of any then
existing
units retained by the declarant, and the board of directors shall he
entitled
to vote on behalf of any unit which has been acquired by or on behalf
of the
Association; provided, however, that the hoard of directors shall not
be
entitled to vote such units in any election of directors.
2.7
Proxies. A vote
may be cast in person or by proxy. A proxy given by a unit owner to any
person
who represents such owner at meetings of the Association shall be in
writing
and signed by such owner, and shall be filed with the secretary. No
proxy shall
he valid after the meeting for which it was solicited, unless otherwise
expressly stated in the proxy, and every proxy shall automatically
cease upon
sale of the unit by its owner. A unit
owner may pledge or assign his voting
rights to a mortgagee.
In such a case, the mortgagee or its designated representative shall he
entitled to receive all notices to which the unit owner is entitled
hereunder
and to exercise the unit owner's voting rights from and after the time
that the
mortgagee shall give written notice of such pledge or assignment to the
hoard
of directors. Any first mortgagee may designate a representative to
attend all
or any meetings of the Association.
2.8
Fiduciaries and
Joint Owners. An executor, administrator, guardian or trustee may vote,
in
person or by proxy, at any meeting of the Association with respect to
any unit
owned or held by him in such capacity, whether or not the same shall
have beer
transferred to his name; provided, that he shall satisfy the secretary
that he
is the executor, administrator, guardian or trustee, holding such unit
in such
capacity. Whenever any unit is owned by two or more persons jointly,
according
to the records of the Association, the vote of such unit may be
exercised by
any one of the owners then present, in the absence of protest by a
co-owner. In
the event of such protest, no one co-owner shall be entitled to vote
without
the approval of all co-owners. In the event of disagreement among the
co-owners, the vote of such unit shall be disregarded completely in
determining
the proportion of votes given with respect to such matter.
2.9
Landlords and
Contract Vendors. Unless otherwise expressly stated in the rental
agreement or
lease, all voting rights allocated to a unit shall be exercised by the
landlord
if the rental agreement or lease has an original term of ten (10) years
or
less, or by the tenant if the rental agreement or lease has an original
term of
more than ten (10) years. Unless
otherwise stated in the
contract, all voting rights allocated to a unit shall he exercised by
the
vendee of any land sale contract on the init.
2.10 Quorum of Unit Owners. At any
meeting of the
Association, members holding fifty percent (50%) of the voting rights,
present
in person or by proxy, shall constitute a quorum. The subsequent
joinder of a
unit owner in the action taken at a meeting by signing and concurring
in the
minutes thereof shall constitute the presence of such person for the
purpose of
determing a quorum. When a quorum is once present to organize a
meeting, it
cannot he broken by the subsequent withdrawal of a unit owner or
owners. If any
meeting of members cannot be organized because of a lack of quorum, the
members
who are present, either in person or by proxy, may adjourn the meeting
from
time to time until a quorum is present.
2.11 Majority Vote. The vote of the
holders of more than
fifty percent (50%) of the voting rights, present in person or by
proxy, at a
meeting at which a quorum is constituted shall he binding upon all unit
owners
for all purposes except where a higher percentage vote is required by
law, by
the declaration or by these bylaws.
2.12 Order of Business.
The
order of business at annual meetings of the Association shall be:
(a) Calling of the roll and
certifying of proxies;
(h) Proof of Notice of meeting or
waiver of notice;
(c) Reading of minutes of preceding
meeting;
(d) Reports of officers;
(e) Reports of committees, if any;
(f) Election of directors;
(g) Unfinished business;
(h) New business; and
(i) Adjournment.
ARTICLE I I I BOARD OF DIRECTORS
3.1
Number and Qualification. The affairs of
the Association shall he governed by a board of directors composed of
two (2)
to three (3) persons, as provided in Sections 2 and 3 of this Article.
All directors, other than interim
directors appointed by declarant,
shall be owners or co-owners of units
of the condominium.
For purposes of this section, the officers of any corporate owner and
the
partners of any partnership shall be considered co-owners of any units
owned by
such corporation or partnership.
3.2
Interim
Directors. Upon the filing of the declaration submitting the
condominium to the
Oregon Unit Ownership law, the declarant hereby appoints the following
interim
hoard of two (2) directors, who shall serve until replaced by declarant
or
their successors have been elected by the unit owners as provided below:
Terry E. Lush
Cleve A. Williams
3.3
Election and Term
of Office. At the first organizational meeting called by declarant
pursuant to
Section 2.2 of these bylaws, the interim directors shall resign and
three (3)
successors shall be elected, two to serve until the next annual meeting
and one
to serve until the second annual meeting after their election.
Thereafter, at
the expiration of the initial term of office of each respective
director, his
successor shall be elected to serve for a term of two years, so that
the term
of not less than one-third of the directors shall expire annually.
Directors
shall hold office until their respective successors have been elected
by the
unit owners. Election shall be by plurality.
3.4
Vacancies.
Vacancies in the board of directors caused by any reason other than the
removal
of a director by a vote of the Association shall be filled by vote of
the
majority of the remaining directors, even though they may constitute
less than
a quorum, or by a sole remaining director. Each person so elected shall
he a
director until a successor is elected to fill the unexpired term at the
next
annual meeting of the Association or the next special meeting of the
Association called for that purpose. Vacancies in interim directors
shall be
filled by declarant.
3.5
Removal of
Directors. At any regular or special meeting of the Association duly
called,
any one or more of the directors, other than interim directors, may be
removed
with or without cause by a majority vote of the unit owners present in
person
or by proxy, and a successor shall be elected at that meeting to fill
the
vacancy thus created. The notice of any such meeting shall state that
such removal
is to be considered, and any director whose removal has been proposed
shall be
given an opportunity to he heard at the meeting.
3.6
Powers and
Duties. The board of directors shall have all of the powers and duties
necessary for the administration of the affairs of the Association,
except such
powers and duties as by law or by the declaration or by these bylaws
may not he
delegated to the board of directors by the unit owners. The powers and
duties
to he exercised by the board of directors shall include, but shall not
be
limited to the following:
(a) Operation, care, upkeep,
maintenance and repair of the
general and limited common elements.
(b) Determination of the amounts
required for operation,
maintenance and other affairs of the Association, and the making of
such
expenditures.
(c) Collection of the common expense
from the unit owners.
(d) Employment and dismissal of such
personnel ns necessary
for the efficient maintenance, upkeep and repair of the common elements.
(e) Employment of legal, accounting
or other personnel for
reasonable compensation to perform such services as may he required for
the
proper administration of the Association.
(f) Opening of bank accounts on
behalf of the Association
and designating the signatories required therefore.
(g) Purchasing units of the
condominium at foreclosure or
other judicial sales in the name of the Association, or its designee,
on behalf
of all the unit owners as provided in these bylaws.
(h) Selling, leasing, mortgaging,
voting the votes
appurtenant to (other than for the election of directors), or otherwise
dealing
with units of the condominium acquired by the Association or its
designee on
behalf of all the unit owners.
(1) Obtaining insurance or bonds
pursuant to the previsions
of these bylaws.
(j) Making additions and improvements
to, or alterations of,
the common elements; provided, however, that no such project may be
undertaken
by 4he
board if the total cost will exceed the amount of $2,500 unless the
unit owners
have enacted a resolution authorizing the project by a vote of
seventy-five
percent (75%) of the voting rights present in person or by proxy at a
meeting
at which a quorum is constituted. This limitation shall not be
applicable to
repairs or maintenance undertaken pursuant to paragraph (a) above.
(k) Designating one or more
committees which, to the extent
provided in the resolution designating the committee, shall have the
powers of
the board of directors in the management of the affairs of the
Association. At
least one member of each committee shall be a member of the hoard of
directors.
(1) Enforcement by legal means of the
provisions of the
Oregon Unit Ownership Law, the declaration, these bylaws and any rules
and
regulations adopted hereunder.
3.7 Managing Agent or Manager. On
behalf of the Association,
the hoard of directors may employ or contract for a managing agent or a
manager
at a compensation to be established by the board of directors. Any such
management agreement shall be terminable by the Association for cause
upon 30
days' written notice thereof, and the term of any such agreement may
not exceed
one year, renewable by agreement of the parties for successive one-year
periods. The board of directors may delegate to the managing agent or
manager
such duties and powers as the board of directors may authorize. In the
absence
of such appointment, the board of directors shall act as manager.
3.8 Organizational Meeting. Within
fourteen (14) days
following the annual meeting of the Association or following any
meeting at
which an election of directors has been held, the board of directors
shall hold
an organization meeting at such place and time as shall have been fixed
by the
directors at the meeting at which the election was held.
3.9 Regular and Special Meetings.
Regular meetings of the
board of directors may be held at such time and place as shall he
determined,
from time to time, by a majority of the directors. Special meetings of
the
board of directors may be called by the chairman and must be called by
the
secretary at the written request of at least two directors. Notice of
any
special meeting shall be given to each director, personally or by mail,
telephone or telegraph at least seven (7) days prior to the day named
for such
meeting, and shall state the time, place and purpose of such meeting.
All
meetings of the hoard of directors shall he open to unit owners. Such
meetings
may be conducted by telephonic communication, except that if a majority
of the
units are principal residences of the occupants, then: (a) for other
than
emergency meetings, notice of each board of directors' meeting shall be
posted
at a place or places on the property at least three (3) days prior to
the
meeting, or notice shall be provided by a method otherwise reasonably
calculated to inform the unit owners of such meeting; and (b) only
emergency
meetings of the board of directors may be conducted by telephonic
communication.
3.10 Waiver of Notice. Any director
may, at any time, waive
notice of any meeting of the board of directors in writing, and such
waiver
shall be deemed equivalent to the giving of such notice. Attendance by
a
director at any meeting of the board shall constitute a waiver by him
of notice
of the time and place thereof, except where a director attends the
meeting for
the express purpose of objecting to the transaction of any business
because the
meeting is not lawfully called or convened. If all of the directors are
present
at any, meeting of the hoard, no notice to directors shall be required
and any
business may be transacted at such meeting.
3.11 Quorum of Board of Directors. At
all meetings of the
hoard of directors, a majority of the directors shall constitute a
quorum for
the transaction of business, and the votes of a majority of the
directors
present at a meeting at which a quorum is present
shall constitute the decision of the
board of directors. If
at any meeting of the board of directors less than a quorum should be
present,
a majority of those present may adjourn the meeting from time to time.
At any
such adjourned meeting at which a quorum is present, any business which
might
have been transacted at the meeting originally called may be transacted
without
further notice to directors.
3.12 Compensation. No director shall
receive any
compensation from the Association for acting as such.
3.13 Liability and Indemnification of
Directors, Officers,
Manager or Managing Agent. The directors and officers shall not be
liable to
the Association of the unit owners for any mistake of judgment,
negligence, or
otherwise except for their own willful misconduct or bad faith. The
Association
shall indemnify and hold harmless each director and officer and the
manager or
managing agent, if any, against all contractual liability to others
arising out
of contracts made by the board of directors, officers, manager or
managing
agent on behalf of the Association unless any such contract shall have
been
made in bad faith or contrary to the provisions of the declaration or
of these
bylaws. Each director and officer and the manager or managing agent, if
any,
shall he indemnified by the Association against all expenses and
liabilities,
including attorneys' fees, reasonably incurred or imposed upon them in
connection with any proceeding to which they may be a party, or which
they may
become involved, by reason of being or having been a director, officer,
manager
or managing agent and shall be indemnified upon any reasonable
settlement
thereof; provided, however, there shall he no indemnity if the
director,
officer, manager or managing agent is adjudged guilty of willful
nonfeasance,
misfeasance or malfeasance in the performance of his duties.
3.14 Fidelity Bonds. The board of
directors shall require
that any person or entity, including, but not limited to, employees of
any
professional manager, who handles or Is responsible for Association
funds shall
furnish such fidelity bond as the hoard deems adequate. The premiums on
such
bonds shall be paid by the Association.
3.15 Insurance.
The
board of directors shall obtain the insurance
required in Article VIII of these
bylaws. In addition, the
hoard of directors, in its discretion, may obtain such other insurance
as it
deems necessary to protect the interests of the Association or unit
owners. The
board of directors shall conduct an annual insurance review which, if
appropriate, shall include an appraisal of all improvements contained
in the
condominium.
ARTICLE IV OFFICERS
4.1 Designation. The principal
officers of the Association
shall he the chairman, the secretary and the treasurer, all of whom
shall he
elected by the board; of directors. The directors may appoint a vice
chairman,
an assistant treasurer, an assistant secretary, and such other officers
as in
their judgment may he necessary. The chairman shall be a member of the
board of
directors, hut the other officers need not he directors or unit owners.
4.2
Election of
Officers. The officers of the Association shall he elected annually by
the board
of directors at the organization meeting of each new board and shall
hold
office at the pleasure of the board. If any office shall become vacant,
the
hoard of directors shall elect a successor to fill the unexpired term
at any
regular meeting of the board of directors, or at any special meeting of
the
board of directors called for such purpose.
4.3
Removal of
Officers. Upon the affirmative vote of a majority of the directors, any
officer
may be removed either with or without cause, and his successor may be
elected
at any regular meeting of the board of directors, or at any special
meeting of
the board of directors called for such purpose.
4.4
Chairman. The
chairman shall be the chief executive officer of the Association. He
shall
preside at all meetings of the Association and of the board of
directors. He
shall have all of the general powers and duties which are usually
vested in the
chief executive officer of an association, including but not limited to
the
power to appoint committees from among the unit owners from time to
time as he
may in his discretion decide is appropriate to assist in the conduct of
the
affairs of the Association.
4.5
Secretary. The
secretary shall keep the minutes of all proceedings of the board of
directors
and the minutes of all meetings of the Association. He shall attend to
the
giving and serving of all notices to the unit owners and directors and
other
notices required by law. He shall keep the records of the Association,
except
for those of the treasurer, and shall perform all other duties incident
to the
office of secretary of an association and as may be required by the
directors
or the chairman. In addition, the secretary shall act as vice chairman,
taking
the place of the chairman and performing his duties whenever the
chairman is
absent or unable to act, unless the directors have appointed another
vice
chairman.
4.6
Treasurer. The
treasurer shall have the responsibility for Association funds and
securities
and shall be responsible for keeping full and accurate financial
records and
books of account showing all receipts and disbursements, and for the
preparation of required financial statements. He shall be responsible
for the
deposit of all moneys and other valuable effects in such depositories
as may
from time to time be designated by the board of directors, and he shall
disburse funds of the Association upon properly authorized vouchers. He
shall
perform all other duties incident to the office of treasurer of an
association
and such other duties as may be assigned to him by the hoard of
directors.
4.7
Execution of
Instruments. All agreements, contracts, deeds, leases and other
instruments of
the Association, except checks, shall be executed by such person or
persons as
may he designated by general or special resolution of the hoard of
directors,
and, in the absence of any general or special resolution applicable to
any such
instrument, then such instrument shall he signed by the chairman. All
checks
shall be signed by the treasurer, or in his absence or disability, by
the
chairman or any duly elected assistant treasurer.
4.8
Compensation of
Officers. No officer who is a member of the hoard of directors shall
receive
any compensation from the Association for acting as an officer, unless
such
compensation is authorized by a resolution duly adopted by the unit
owners. The
board of directors may fix any compensation to he paid to any officers
who are
not also directors.
ARTICLE V
BUDGET, EXPENSES AND ASSESSMENTS
5.1
Budget. The board
of directors shall from time to time, and It least annually, prepare a
budget
for the Association, estimate the common expenses expected to be
incurred, less
any previous over assessment, and assess the common expenses to each
unit owner
in the proportion set forth in the declaration. The budget shall
provide for an
adequate reserve fund for maintenance, repairs and replacement of those
common
elements which must be replaced on a periodic basis.
5.2
Determination
of Common Expenses. Common expenses shall include:
(a) Expenses of administration.
(b) Expenses of maintenance, repair
or replacement of common
elements.
(c) Cost of insurance o bonds
obtained in accordance with
these bylaws.
(d) A general operating reserve.
(e) Reserve for replacements and
deferred maintenance.
(f) Any deficit in common expenses
for any prior period.
(g) Utilities for the common elements
and other utilities
with a common meter or commonly billed.
(h) Any other items properly
chargeable as an expense of The
Association.
5.3
Assessment
of the Common
Expenses. All unit owners
shall he obliged
to pay common expense assessed to
them by the hoard of
directors on behalf of the Association pursuant to these bylaws and the
declaration. Assessments may not be waived due to limited or nonuse of
common
elements. The declarant shall he assessed as the unit owner of any
unsold unit,
but such assessment shall he prorated to the date of sale of the unit.
Assessments shall commence upon closing of the first sale of a unit in
the
condominium. At the time of closing of the initial sale of each unit,
the
purchaser shall make an initial contribution to the working capital of
the
Association equal to two month's of Association assessments for the
unit. The
board of directors, on behalf of the Association, shall assess the
common
expenses against the unit owners from time to time, and at least
annually, and
shall take prompt action to collect from a unit owner any common
expense due
which remains unpaid by him for more than thirty (30) days from the due
date
for its payment.
5.4
Special
Assessments.
(a) Capital Improvements. In the case
of any duly authorized
capital improvement to the common elements, the board of directors may
by
resolution establish separate assessments for the same, which may be
treated as
capital contributions by the unit owners, and the proceeds of which
shall be
used only for the specific capital improvements described in the
resolution.
(b) Reserve Trust Funds. In
establishing reserves for the
maintenance, repair or replacement of the common elements, the board of
directors may elect by resolution to establish one or more trust funds
for the
maintenance, repair or replacement of specific items, in which case the
board
shall either designate part of the regular assessment or establish
separate
assessments for such purposes. The proceeds therefrom shall be held in
such
trust funds and used only for the designated maintenance, repairs or
replacements.
5.5
Default in
Payment of Common Expenses. In the event of default by any unit owner
in paying
to the Association the assessed common expenses, such unit owner shall
be
obligated to pay interest at the rate of ten percent (10%) per annum on
such
common expenses from the due date thereof, or at such greater rate as
may he
established by the board of directors from time to time, not to exceed
the
maximum lawful rate, if any. In addition, the defaulting unit owner
shall pay
any reasonable late charge established by the board of directors from
time to
time, together with all expenses incurred by the Association in
collecting such
unpaid expenses, including attorneys' fees (whether or not suit is
instituted,
and at trial or any appeal there from). The board of directors shall
have the
right and duty to recover for the Association such common expenses,
together
with such charges, interest and expenses of the proceeding, including
attorney
fees, by an action brought against such unit owner or by foreclosure of
the
lien upon the unit granted by the Oregon Unit Ownership Law. The board
of directors
shall notify the holder of any first mortgage upon a unit of any
default not
cured within thirty (30) days of the date of default.
5. 6
Foreclosure
of Liens for Unpaid Common Expenses.
In
any snit
brought by the Association to foreclose a lien on a unit because of
unpaid
common expenses, the unit owner shall he required to pay a reasonable
rental
for the use of the unit during the pendency of the suit, and the
plaintiff in
such foreclosure suit shall he entitled to the appointment of a
receiver to collect
such rental. The board of directors, acting on behalf of the
Association, shall
have the power to purchase such unit at the foreclosure sale and to
acquire,
hold, lease, mortgage, vote the votes appurtenant to, convey, or
otherwise deal
with the unit. A suit or action to recover a money judgment for unpaid
common
expenses shall be maintainable without foreclosing the liens securing
the same.
5.7 Statement of Common Expenses. The
board of directors
shall advise each unit owner in writing of the amount of common
expenses
payable by him, and furnish copies of each budget on which such common
expenses
are based to all unit owners and, If requested, to their mortgagees.
The board
of directors shall promptly provide any unit owner who makes a request
in writing
with a written statement of his unpaid common expenses.
5.8
Priority of
Lien; First Mortgages.
Any lien
of the Association
against a unit for common expenses shall be subordinate to tax and
assessment
liens and any first mortgage of record. Where the purchaser or
mortgagee of a
unit obtains title to the unit as a result of foreclosure of a first
mortgage
or by deed in lieu of foreclosure, such purchaser or mortgagee, his
successors
and assigns, shall not be liable for any of the common expenses
chargeable to
such unit which became due prior to the acquisition of title to such
unit by
such purchaser or mortgagee.
ARTICLE VI
RECORDS AND AUDITS
6.1 General Records. The board of
directors and the managing
agent or manager, if any, shall keep detailed records of the actions of
the
board of directors and the managing agent or manager, minutes of the
meetings
of the hoard of directors and minutes of the meetings of the
Association. The
board of directors shall maintain a Rook of Resolutions containing the
rules,
regulations and policies adopted by the Association, hoard of directors
and the
manager. The board of directors shall maintain a list of owners
entitled to
vote at meetings of the Association and a list of all mortgagees of
units.
6.2
Records of Receipts
and Expenditures. The board
of directors
or
its designee shall keep detailed,
accurate records in
chronological order of the receipts and expenditures affecting the
common
elements, itemizing the maintenance and repair expenses of
the common elements and any other
expenses incurred. Such
records and the vouchers authorizing the payments shall be available
for
examiniation by the unit owners and mortgagees during normal business
hours.
6.3
Assessment Roll.
The assessment roll shall be maintained in a set of accounting books in
which
there shall he an account for each unit. Such account shall designate
the name
and address of the owner or owners, the amount of each assessment
against the
owners, the dates and amounts in which the assessment comes due, the
amounts
paid upon the account and the balance due on the assessments.
6.4
Payment of
Vouchers. The treasurer shall pay all vouchers up to
$1,000 signed by the chairman, managing agent, manager, or other person
authorized by the board of directors. Any
voucher in excess of $1,000 shall require the signature of the chairman.
6.5
Reports and
Audits. An annual report of the receipts and expenditures of the
Association
shall be rendered by the hoard of directors to all unit owners and to
all
mortgagees of units who have requested the same within 90 days after
the end of
each
fiscal year. From time to time the
board of directors, at
the expense of the Association, may 'obtain an audit of the books and
records
pertaining to the Association and furnish copies thereof to the owners
and such
mortgagees. At any time any owner or mortgagee may, at his own expense,
cause
an audit or inspection to he made of the books and records of the
Association.
6.6
Notice of Sale,
Mortgage, Rental or Lease. Immediately upon the sale, mortgage, rental
or lease
of any unit, the unit owner shall promptly inform the secretary or
manager of
the name and address of said vendee, mortgagee, lessee, or tenant.
ARTICLE VII
MAINTENANCE AND USE OF CONDOMINIUM PROPERTY
7.1
Maintenance
and Repair.
Except as otherwise
provided herein for
damage or destruction caused by casualty:
(a) Units. All maintenance of and
repairs to any unit shall
he made by the owner of such unit, who shall keep the same in good
order,
condition and repair and shall do all redecorating, painting and
staining which
at any time may he necessary to maintain the good appearance and
condition of
his unit. In addition, each unit owner shall be responsible for the
maintenance, repair, or replacement of windows and doors and the forced
air
furnace, any plumbing, heating or air conditioning fixtures,
telephones, water
heaters, fans, lighting fixtures and lamps, fireplaces, refrigerators,
dishwashers, ranges, or other appliances and accessories that may he in
or
connected with his unit.
(h) Common elements. All maintenance,
repairs and
replacements to the general and limited common elements shall be made
by the
Association and shall be charged to all the unit owners as a common
expense.
Each unit owner, however, shall keep the limited common elements which
pertain
to his unit in a neat, clean and sanitary condition.
7.2
Additions,
Alterations or Improvements.
(a) A unit owner may make any
improvements or alterations to
his unit that do not impair the structural integrity or mechanical
systems of
the condominium or lessen the support
of any
portion of the condominium.
(h) After acquiring an adjoining unit
or an adjoining part
of an adjoining unit, a unit owner may submit a written request to the
board of
directors for permission to remove or alter any intervening partition
or to
create apertures therein, even if the partition in whole or in part is
a common
element. The board of directors shall approve the change unless it
determines
within forty-five (45) days that the proposed change will impair the
structural
integrity or mechanical systems of the condominium or lessen the support
of any portion of the condominium. The board of directors may require
the unit
owner, at his own expense, to submit an opinion of a registered
architect or
registered professional engineer that the proposed change will not
impair the
structural integrity or mechanical systems of the condominium or lessen
the support
of any portion of the condominium. Removal of partitions or creation of
apertures under this paragraph is not an alteration of boundaries.
(c) A unit owner shall make no repair
or alteration or
perform any other work on his unit which would jeopardize the soundness
or
safety of the property, reduce its value, impair any easement or
hereditament
or increase the common expenses of the Association unless the consent
of all
the other unit owners affected is first obtained.
(d) A unit owner may not change the
appearance of the common
elements or the exterior appearance of a unit without permission of the
board
of directors.
7.3
Damage or
Destruction by Casualty of Condominium Property. In the case of
substantial
damage or destruction, timely written notice shall be given to the unit
owners
and their mortgagees and the following provisions shall apply:
(a) L the event -of damage or
destruction by casualty of
condominium property, the damage or destruction shall he repaired,
reconstructed or rebuilt unless, within fourteen
(14) days of such damage or
destruction, the board of
directors or more than ten percent (10%) of the unit owners shall have
requested a special meeting of the Association. Such special meeting
must be
held within sixty (60) days of the date of damage or destruction. At
the time
of such meeting, unless unit owners holding ninety percent (90%) of the
voting
power, whether in person, by writing or by proxy, vote not to repair,
reconstruct or rebuild the damaged property, the damage or destruction
shall he
repaired,
reconstructed or rebuilt. If the
damage or destruction is
not repaired, reconstructed or rebuilt, then the property shall be
removed from
condominium ownership in the manner provided in the Oregon Unit
Ownership law.
(b) The Association shall be
responsible for repairing,
reconstructing or rebuilding all such damage or destruction to the
common
elements and, to the extent of the Association's insurance coverage,
all such
damage or destruction to the units. Each unit owner shall he
responsible for
such repairing, reconstructing or rebuilding of his unit as is not
covered by
the Association's insurance.
(c) If, due to the act or neglect of
a unit owner, or of a
member of his family or his household pet or of a guest or other
authorized
occupant or visitor of such unit owner, damage shall be caused to the
common
elements or to a unit owned by others, or maintenance, repairs or
replacements
shall be required which would otherwise be a common expense, then such
unit
owner shall pay for such damage and such maintenance, repairs and
replacements
as may be determined by the Association, to the extent not covered by
the
Association's insurance.
(d) In the event any portion of the
insurance proceeds paid
to the Association are not used to repair, reconstruct or rebuild the
damaged
or destroyed property, the Association shall distribute the proceeds
among the
unit owners and their mortgagees (as their interests may appear) in the
same
proportion as common expenses are shared, unless the property is
removed from
unit ownership. If the property is removed from unit ownership, the
insurance
proceeds, together with the proceeds from the sale of the property,
shall be
distributed to the unit owners and their mortgagees (as their interests
may
appear) in the manner described in the Oregon Unit Ownership law.
7.4 Condemnation. If any portion of
the condominium is made
the subject matter of any condemnation or eminent domain proceeding or
is
otherwise sought to be acquired by a condemning authority, notice of
the
proceeding or proposed acquisition shall promptly be given to each unit
owner
and to each mortgagee. All compensation, damages or other proceeds of
the
taking, other than any award for moving expenses of specific unit
owners, shall
he payable to the Association and allocated and distributed as provided
in this
Section 7.4.
(a) Complete Taking. If the entire
condominium property is
taken, or if unit owners holding ninety percent (90%) of the voting
power agree
that such substantial portion of the condominium has been taken as to
make the
project obsolete, then the property shall be deemed removed from unit
ownership. In such event, any proceeds of the condemnation paid to the
Association, together with any other proceeds upon sale of the
remaining
condominium property, shall he distributed among the unit owners and
their
mortgagees, as their interests may appear, in accordance with the
provisions of
the Oregon Unit Ownership haw.
(b) Partial Taking. If less than the
entire condominium
property is taken and the property is not determined to he obsolete as
provided
in paragraph (a) above, then as soon as practicable the board of
directors
shall, reasonably and in good faith, allocate the award among the units
in
accordance with the reduction in the value of each unit and its
interest in the
common elements, compared to the total reduction in value of all units
and
their interest in the common elements. In the event any unit owner or
mortgagee
objects to the allocation determined by the board of directors, the
matter
shall be submitted to arbitration in accordance with the rules of the
American
Arbitration Association. The cost of such determination shall he paid
out of
the proceeds of the condemnation. Any portion of the award allocated to
a unit
owner under this paragraph shall be paid first to all mortgagees and
holders of
liens on the unit owner's interest in accordance with the existing
priorities,
and the balance to the unit owner. If any reconstruction and repair is
undertaken as a result of the condemnation, the hoard of directors may
retain
and apply such portion of each unit owner's share of the award as is
necessary
to discharge the owner's liability for any special assessment arising
from such
reconstruction or repair.
7.5
Restrictions
and Requirements Respecting Use of Condominium
Property. The following restrictions
and requirements are in
addition to all other restrictions and requirements contained in the
declaration and these bylaws:
(a) Residential Use. No commercial
activities of any kind
shall be carried on in any unit or In any other portion of the
condominium
without the consent of the board of directors of the Association or
manager,
except activities relating to the rental or sale of units. This
provision,
however, shall not he construed so as to prevent or prohibit a unit
owner from
mai..talning his professional personal library, keeping his personal
business
or professional records or accounts, handling his personal business or
professional telephone calls, or conferring with business or
professional
associates, clients or customers, in his unit.
(b) Use of Common Elements. The
common elements shall be
used for the furnishing of services and facilities for which the same
are
reasonably intended, for the enjoyment of the units. The use, operation
and
maintenance of the common elements shall not be obstructed, damaged or
unreasonably interferred with by any unit owner.
(c) Offensive or Unlawful Activities.
No noxious or
offensive activities shall be carried on in any unit nor shall anything
be done
or placed upon any unit which interferes with or jeopardizes the
enjoyment of
other units or the common elements or which is a source of annoyance to
residents. Unit occupants shall exercise extreme care not to make
noises which
may disturb other unit occupants, including the use of musical
instruments,
radios, televisions and amplifiers. No unlawful use shall be made of
the
condominium nor any part thereof, and all valid laws, zoning
ordinances, and
regulations of all governmental bodies having jurisdiction thereof
shall be
observed.
(d) Animals. No animals or fowls
shall be raised, kept or
permitted within the condominium or any part thereof, except domestic
dogs,
cats, or other household pets kept within a unit. No such dogs, cats or
pets
shall be permitted to run at large nor shall be kept, bred or raised
for
commercial purposes or in unreasonable numbers. Any inconvenience,
damage or
unpleasantness caused by such pets shall he the responsibility of the
respective owners thereof. All dogs shall be kept on a leash while
outside a
unit. A unit owner may be required to remove a pet after receipt of two
notices
in writing from the board of directors of violations of any rule,
regulation or
restriction governing pets within the condominium.
(e) Exterior Lighting or Noise making
Devices and Antennas.
Except with the consent of the board of directors of the Association or
manager, no exterior lighting or noise making devices shall be
installed or
maintained on any unit and no antennas or transmitting towers shall be
affixed
to the general or limited common elements.
(f) Windows, Decks,
Fenced
Yards, Entry Porches, and Outside Walls. In order to preserve the
attractive
appearance of the condominium the board of directors of the Association
or the
manager may regulate the nature of items which may he placed in or on
windows,
decks, patios, entry porches, fenced yards, carports and the outside
walls so
as to he visible from other units, the common elements, or outside the
condominium. Garments, rugs, laundry and other similar items may not be
hung
from windows, facades, courts, porches, decks or fences.
(g) Leasing and Rental of Units.
Except with the consent of
the board of directors of the Association or the manager and except for
a
lender in possession following default in a
first mortgage, a foreclosure
proceeding or any deed or
other arrangement in lieu of foreclosure, no unit owner may lease or
rent less
than his entire unit and no unit owner may rent his unit for transient
or hotel
purposes. Al leases or rentals shall be by written lease agreement,
which shall
provide that the terms of the lease shall he subject in all respects to
the
provisions of the declaration and these bylaws, and that any failure by
the
lessee or tenant to comply with the terms of such documents shall he a
default
under the lease. If the board of
directors finds that a
lessee or tenant has violated any provision of the declaration, these
bylaws or
the rules and regulations, the board may require the unit owner to
terminate
such lease or rental agreement. Other than the foregoing, there is no
restriction on the right of any unit owner to lease or rent his unit.
(h) Signs. Unless written approval is
first obtained from
the board of directors, no sign of any kind shall he displayed to the
public
view on or from any unit or the common elements except signs used by
the
declarant to advertise units for sale or lease.
(i) Trash. No part of any unit or any
part of the common
elements shall be used or maintained as a dumping ground for rubbish,
trash,
garbage or other waste. No garbage, trash or other waste shall be kept
or
maintained l on any part of the property except in sanitary containers
in the
designated areas.
(j) Insurance. Nothing shall be done
or kept in any unit or
in the common elements which will increase the cost of insurance on the
common
elements. No owner shall permit anything to he done or kept in his unit
or in
the common elements which will result in cancellation of insurance on
any unit
or any part of the common elements.
(k) Association Rules and
Regulations. In addition, the
board of directors from time to time may adopt, modify, or revoke such
rules
and regulations governing the conduct of persons and the operation and
use of
the units and common elements as it may deem necessary or appropriate
in order
to assure the peaceful and orderly use and enjoyment of the condominium
property. Such action may he modified by vote of not less than seventy
percent
(70%) of the unit owners present, in person or by proxy, at any
meeting, the
notice of which shall have stated that such modification or revocation
or rules
and regulations will be under consideration. A copy of the rules and
regulations, upon adoption, and a copy of each amendment, modification
or
revocation thereof, shall be delivered by the secretary promptly to
each unit
owner and shall be binding upon all unit owners and occupants of all
units from
the date of delivery.
7.6
Abatement and
Enjoining of Violations. The violation of any rule or regulation
adopted
pursuant to these bylaws or the breach of any bylaw contained herein or
of any
provision of the declaration shall give the board of directors, acting
on
behalf of the Association, the right, in addition to any other rights
set forth
in these bylaws:
(a) to enter the unit in which or as
to which such violation
exists and to summarily abate and remove, at the expense of the
defaulting unit
owner, any structure, thing, or condition that may exist therein
contrary to
the intent and meaning of the provisions hereof, and the board of
directors
shall not thereby be deemed guilty of any manner of trespass; or
(b) to enjoin, abate, or remedy such
thing or condition
appropriate legal proceedings; or
(c) to levy reasonable fines, after
giving notice and an
opportunity to be heard.
Any expense incurred by the
Association in remedying the
default, damage incurred by the Association or unit owners, or fines so
levied
shall be assessed against the offending unit as a common expense and
enforced
as provided in Article V. In addition, any aggrieved unit owner may
bring an action
to recover damages or to enjoin, abate, or remedy such thing or
condition by
appropriate legal proceedings.
ARTICLE VIII INSURANCE
8.1
Insurance. For
the benefit of the Association and the unit owners, the board of
directors
shall obtain and maintain at all times, and shall pay for out of the
common
expense funds, the following insurance:
(a) A policy or policies of insurance
covering loss or
damage from fire, with extended coverage endorsement, and such other
coverages
such as flooding, which the Association may deem desirable, for not
less than
the full insurable replacement value of the units and common elements.
Such
policy or policies shall name developer, the Association and the unit
owners as
insureds, as their interest may appear, and shall provide for a
separate loss
payable endorsement in favor of the mortgagee or mortgagees of each
unit, if
any.
(b) A policy or policies insuring the
developer, the
Association, the board of directors, the unit owners and the managing
agent,
against liability to the public or to the owners of units and of common
elements, and their invitees or tenants, incident to the ownership or
use of
the property. There may be excluded from such policy or policies
coverage of a
unit owner (other than as a member of the Association or board of
directors)
for liability arising out of acts or omission of such unit owner and
liability
incident to the ownership and/or use of the part of the property as to
which
such unit owner has the exclusive use or occupancy. Limits of liability
under
such insurance shall not he less than One Million Dollars ($1,000,000)
on a
combined single limit basis. Such policy or policies shall he issued on
a
comprehensive liability basis and shall provide cross liability
endorsement
wherein the rights of named insurance under the policy or policies
shall not be
prejudiced as respects his, her or their action against another named
insured;
and
(c) Workman's compensation insurance
to the extent necessary
to comply with any applicable laws. Each unit owner shall be
responsible for
obtaining, at his own expense, insurance covering his property not
insured
under paragraph (a) above and against his liability not covered under
paragraph
(b) above, unless the Association agrees otherwise.
8.2
Policies.
Insurance obtained by the Association shall be governed
by the following provisions:
(a) All policies shall he written
with the State of Oregon
or a company licensed to do business in the State of Oregon and holding
a
commissioner's rating of "A", and a size rating of "AAA",
or better by the Best's Insurance Reports current at the time the
insurance is
written or, prior to the initial meeting of the Association, one
acceptable to
the developer.
(b) All losses ,under policies
hereafter in force regarding
the property shall be settled exclusively with the hoard of directors
or its
authorized representative. Proceeds of the policies shall be paid to
the
Association as trustee for the unit owners, or, upon demand of any
mortgagee,
to an insurance trustee acceptable to the Association and mortgagees of
units.
(c) Each unit owner shall be required
to notify the hoard of
directors of all improvements made by the owner to his unit, the value
of which
is in excess of Five Hundred Dollars ($500). Nothing in this paragraph
shall
permit an owner to make improvements without first obtaining the
approval of
the hoard of directors pursuant to Section 7.2.
(d) Any unit owner who obtains
individual insurance policies
covering any portion of the property other than his personal property
and
fixtues shall file n copy of such individual policy or policies' with
the
Association within thirty (30) days after the purchase of such
insurance.
Page -20-
8.3
Provisions.
The board of directors shall make every effort to
secure insurance policies that will provide for the following:
(a) A waiver of subrogation by the
insurer as to any claims
against the board of directors, the manager, the unit owners and their
respective servants, agents and guests.
(b) A provision that the master
policy on the condominium
cannot be cancelled, invalidated or suspended on account of the conduct
of any
one or more individual owners.
(c) A provision that the master
policy on the condominium
cannot be cancelled, invalidated or suspended on account of the
conduct: of any
officer or employee of the board of directors or the manager without
prior
demand in writing that the hoard of directors or manager cure the
defect.
(d) A provision that any "no other
insurance"
clause in the master policy exclude individual owners' policies from
consideration, and a waiver of the usual proration clause with respect
to such
policies.
A provision that the insurer issue
subpolicies specifying
the portion of the master policy earmarked for each owner's interest
and that
until the insurer furnished written notice and a grace period to the
mortgagee
insured under the loss payable clause thereof, the mortgagee's coverage
is
neither jeopardized by the conduct of the unit mortgagor-owner, the
Association, or other unit owners nor cancelled for nonpayment of
premiums.
A rider on the master policy
patterned after "Use and
Occupancy" insurance which will provide relief from monthly assessments
while a unit is uninhabitable by the payment of the condominium
expenses
thereof and any other fixed costs, including, but without being limited
to,
taxes, rent, 'insurance, and mortgage payments. The proceeds from any
casualty
policy, whether held by the Association or a unit owner, payable with
respect
to any loss or damage to the common elements, shall be held in trust
for the
benefit of all insureds as their interest may appear.
(g) A waiver of the insurer's right
to determine whether the
damage should be repaired. If reasonably available, the policy or
policies
should contain a stipulated amount clause, or determinable cash
adjustment
clause, or similar clause to permit a cash settlement covering
specified value
in the event of destruction and a decision not to rebuild.
8.4
FNMA and GNMA
Requirements. Notwithstanding any other provisions:: of this Article,
the
Association shall continuously maintain in effect such casualty, flood
and
liability insurance and a fidelity bond meeting the insurance and
fidelity
requirements for
(e) (f)
condominium projects established by
Federal National
Mortgage Association and Government National Mortgage Association, so
long as
either is a mortgagee or Owner of a unit within the condominium, except
to the
extent such coverage is not available or has been waived in writing by
Federal
National Mortgage Association or Government National Mortgage
Association.
ARTICLE IX
AMENDMENTS TO BYLAWS
9.1
How Proposed.
Amendments to the bylaws shall he proposed by either a majority of the
board of
directors or by unit owners holding thirty percent (30%) of the voting
rights.
The proposed amendment must be reduced to writing and shall be Included
in the
notice of any meeting at which action is to be taken thereon.
9.2
Adoption. A
resolution adopting a proposed amendment may he proposed by either the
board of
directors or by the unit owners and may be approved by the unit owners
at a
meeting called for this purpose. Unit owners not present at the meeting
considering such amendment may express their approval In writing or by
proxyv.
Any resolution must be approved by unit owners holding seventy-five
percent
(75%) of the voting rights and by declarant so long as declarant owns
any of
the units in the condominium. Declarant's consent shall not he required
after
two years after the date of recording of the declaration. Neither
Section 5.8
nor any other provision of these bylaws which Is for the benefit of
mortgagees
may be amended without the written consent of all mortgagees.
9.3
Execution and
Recording. An amendment shall not he effective until certified by the
chairman
and secretary of the Association, approved by the Real Estate
Commissioner, and
recorded as required by law.
ARTICLE X
MISCELLANEOUS
10.1
Notices. All
notices to the Association or to the board of directors shall he sent
care of
the managing agent, or if there is no managing agent, to the principal
office
of the Association or to such other address as the board of directors
may
hereafter designate from time to time. All notices to any unit owner
shall he
sent to such address as may have been designated by him from time to
time, in
writing, to the hoard of directors, or if no address has been
designated, then
to the owner's unit.
10.2
Waiver. No
restriction, condition, obligation, or provision contained in these
bylaws
shall be deemed to have been abrogated or waived by reason of any
failure to
enforce the same, irrespective of the number of violations or breaches
thereof
which may occur.
10.3
Action Without a
Meeting. Any action which the Oregon Unit Ownership law, the
declaration or the
bylaws require or permit the owners or directors to take at a meeting
may be
taken without a meeting if a consent in writing setting forth the
action so
taken is signed by all of the owners or directors entitled to vote on
the
matter. The consent, which shall have the same effect as a unanimous
vote of
the owners or directors, shall be filed in the records of minutes of
the
Association.
10.4
Invalidity;
Number; Captions. The invalidity of any part of these bylaws shall not
impair
or affect in any manner the validity, enforceability or effect of the
balance
of these bylaws. As used herein, the singular shall include the plural,
and the
plural the
singular. The masculine and neuter
shall each include the
masculine, feminine and neuter, as the context requires. All captions
used
herein are intended solely for convenience of reference and shall in no
way
limit any of the provisions of these bylaws.
10.5
Conflicts.
These bylaws are intended to comply
with the Oregon
Unit Ownership Law and the
declaration. In case of any
irreconcilable conflict, such statute and document shall control over
these
bylaws or any rules and regulations adopted hereunder.
Corvallis,
Oregon Real Estate Home
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