Oregon Revised Statutes Chapter 94 § 94.572 — shall cause the bylaws of the association and amendments to the bylaws
Oregon Revised Statutes Chapter 94 ·
Oregon Code § 94.572·Enacted ·Last updated March 01, 2026
Statute Text
shall cause the bylaws of the association and amendments to the bylaws
in effect but not codified in the bylaws to be certified as provided in this
subsection and recorded in the office of the recording officer of each county
in which the planned community is located within 180 days of receipt of a
written request from an owner that the bylaws be recorded.
(b) The president
and secretary of the association shall certify and acknowledge, in the manner
provided for acknowledgment of deeds, that:
(A) The bylaws
are the duly adopted bylaws of the association; and
(B) Each
amendment to the bylaws was duly adopted in accordance with the bylaws of the
association.
(c) The 180-day
period specified in paragraph (a) of this subsection may be extended as
necessary if the board of directors is unable to record the bylaws for
justifiable reasons.
(d) Failure to
record the bylaws or amendments to the bylaws in accordance with this
subsection does not render the bylaws or amendments to the bylaws ineffective.
(e) After the
bylaws are recorded under this section, all amendments to the bylaws adopted
thereafter must be recorded as provided in this section.
(4) Unless
otherwise provided in the 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 of
the planned community.
(5) Subject to
subsection (6) of this section, an amendment is not effective unless the
amendment is:
(a) Approved,
unless otherwise provided in the bylaws, by a majority of the votes in a
planned community present, in person or by proxy, at a duly constituted
meeting, by written ballot in lieu of a meeting under ORS 94.647 or other
procedure permitted under the declaration or bylaws;
(b) Certified by
the president and secretary of the association as having been adopted in
accordance with the bylaws and this section and acknowledged in the manner
provided for acknowledgment of deeds if the amendment is required to be
recorded under paragraph (c) of this subsection; and
(c) Recorded in
the office of the recording officer if the bylaws to which the amendment
relates were recorded.
(6) If a
provision required to be in the declaration under ORS 94.580 is included in the
bylaws, the voting requirements for amending the declaration shall also govern
the amendment of the provision in the bylaws.
(7)
Notwithstanding a provision in the bylaws, including bylaws adopted prior to
July 14, 2003, that requires an amendment to be executed, or executed and
acknowledged, by all owners approving the amendment, amendments to the bylaws
under this section become effective after approval by the owners if executed
and certified on behalf of the association by the president and secretary in
accordance with subsection (5)(b) of this section.
(8) An amendment
to the bylaws is conclusively presumed to have been regularly adopted in
compliance with all applicable procedures relating to the amendment unless an
action is 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 approval. Nothing in this subsection prevents the
further amendment of an amended bylaw.
(9) Failure to
comply with subsection (1) of this section does not invalidate a conveyance
from the declarant to an owner.
(10) The board of
directors, by resolution and without the further approval of the owners, may
cause restated bylaws to be prepared and recorded to codify individual
amendments that have been adopted in accordance with subsection (5) of this
section. Bylaws restated under this subsection must:
(a) Include all
previously adopted amendments that are in effect and may not include any other
changes except to correct scriveners errors or to conform format and style;
(b) Include a
statement that the board of directors has adopted a resolution in accordance
with this subsection and is causing the bylaws to be restated and recorded
under this subsection;
(c) Include a
reference to the recording index numbers and date of recording of the initial
bylaws, if recorded, and all previously recorded amendments that are in effect
and are being codified;
(d) Include a
certification by the president and secretary of the association that the
restated bylaws include all previously adopted amendments that are in effect
and no other changes except, if applicable, to correct scriveners errors or to
conform form and style; and
(e) Be executed
and acknowledged by the president and secretary of the association and recorded
in the deed records of each county in which the planned community is located. [1981
c.782 §35; 2001 c.756 §12; 2003 c.569 §10; 2007 c.410 §2; 2009 c.641 §5]
Plain English Explanation
This Oregon statute addresses shall cause the bylaws of the association and amendments to the bylaws
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 94.572
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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