Question:
Since adding a resolution that involves fines and changes the CC & R, must all homeowners be provided with a copy of the new resolution and attached fines before enforcement of such rules can take place ?
If such a statement exist within the Oregon rules Governing HOA’s what statue number and place would I find that?
– Lester
Answer:
Hi Lester,
In Oregon, before enforcing new resolutions that involve fines and amend the Covenants, Conditions, and Restrictions (CC&Rs), it’s essential to follow specific procedures to ensure compliance and homeowner awareness. According to Oregon Revised Statutes (ORS) 94.590, any amendment to the declaration requires approval from at least 75% of the total votes in the planned community, or a larger percentage if specified in the declaration.
Once an amendment is adopted, the association must record it in the office of the recording officer in each county where the planned community is located. The amendment becomes effective only upon recordation.
While ORS 94.590 outlines the amendment process, it does not explicitly mandate that all homeowners be provided with a copy of the new resolution and attached fines before enforcement. However, it is best practice that the board notify all homeowners of such changes before enforcement. Your governing documents may also require it. This approach ensures that all members are informed and can comply with the updated rules.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
