HomeMy WebLinkAbout2007-013 Declaration - Condo Ownership
of
Jackson County Official Records 2007 -003422
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DECLARATION
CONDOMINIUM OWNERSHIP
I, Kathleen S. Beckett, County Clerk for Jackson County, Orogon,
certify that the Inslrumenlldenllfled herein was recorded In lhe Clerk
records.
Kathleen S. Beckett - County Clerk
for
McCALL DRIVE CONDOMINIUM
MADE PURSUANT TO THE OREGON CONDOMINIUM ACT
THIS DECLARATION, to be effective upon its recording in Jackson County, Oregon,
pursuant to the provisions of the Oregon Condominium Act, is made and executed this "1-"2-
day of lJf(.f:M ~fm06, by Barclay Square Condominium, LLC, an Oregon limited liability
company (hereinafter "Declarant").
RECITALS:
Declarant owns real property located in the City of Ashland, Jackson County, Oregon,
more particularly described on Exhibit A attached hereto (the "Property"). Declarant owns and
has improved the Property with eight (8) buildings containing thirty-two (32) residential dwelling
units. Declarant desires to subject the Property and the Building defined below to this
Declaration and by this Declaration to create a fee title Condominium to be known as the McCall
Drive Condominium on the Property as the means to permit separate ownership and use of each
of such dwelling units.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions.
The following definitions apply in all Condominium Documents unless the context
requires otherwise:
1.1.1 "Act" means the Oregon Condominium Act, currently contained m
ORS Chapter 100, as amended from time to time.
1.1.2 "Association" means the nonprofit mutual benefit corporation responsible
for the operation of the Condominium created concurrently with the recording of this Declaration
and known as McCALL DRIVE CONDOMINIUM Owners Association.
1.1.3 "Board" means the Board of Directors ofthe Association.
1.1.4 "Bylaws" means the Bylaws of the Association, as amended from time to
time, a copy of which is attached hereto as Exhibit B.
1.1.5 "Common Elements" means all those portions of the Condominium
exclusive of the Units"
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1.1.6 "Common Expenses" means all costs and expenses incurred by the
Association with respect to the use, operation, maintenance, repair, and improvement of the
Common Elements.
1.1.7 "Condemnation" means any taking of any interest in the Condominium by
right of eminent domain or any purchase of any such interest in lieu of such taking.
1.1.8 "Condominium" means the Property thatls subjected to Condominium
ownership by this Declaration, all improvements constructed thereon, and all easements and
rights appurtenant thereto.
1.1.9 "Condominium Documents" means this Declaration, the Articles of
Incorporation of the McCALL DRNE CONDOMINIUM Owners Association, its Bylaws, its
Rules and Regulations, and any Exhibits to any of them.
1.1.10 "Declarant" means the original Declarant specified above and any
successors and assigns specified as a successor Declarant in a wlltten agreement between such
parties.
1.1.11 "Declaration" means this Condominium Declaration and any amendments
to it and any supplemental declarations annexing additional stages to the Condominium.
1.1.12 "General Common Elements" means all Common Elements other than the
Limited Common Elements, as more particularly described in Section 5 below.
1.1.13 "Legal Requirements" means all applicable statues, rules, regulations,
codes and other such requirements.
1.1.14 "Limited Common Elements" means all the Common Elements other than
the General Common Elements, as more particularly described in Section 6 below.
1.1.15 "Mortgage" includes a mortgage, trust deed and recorded contract for the
sale of real estate.
1.1.16 "Mortgagee" includes a mortgagee, trust deed beneficiary, a vendor under
contract for the sale ofreal estate, and any insurer or guarantor of any mortgage or trust deed.
1.1.17 "Owner" means the record owner of fee simple interest in a Unit, unless
there is a holder of a vendee's interest in a Unit under a recorded contract of sale or a holder of a
life estate or a leasehold estate in a Unit for a term exceeding twenty (20) years, in which event
the vendee or lessee, as the case may be, shall be considered the Owner. If there is more than one
such vendee's or lessee's interest at any given time, then the holder of the most recent interest
shall be considered the current Owner.
1.1.18 "Person" means any individual, corporation, partnership, trust or other
entity.
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1.1.19 "Plat" means the Plat for the Condominium which is being recorded in the
records of Jackson County, Oregon, concurrently with this Declaration and any revisions of such
Plat subsequently recorded.
1.1.20 "Rules and Regulations" means the rules and regulations adopted by the
Board for the Condominium as the same may, from time to time, be amended.
1.1.21 "Unit" means that part of the Condominium designated in Section 4 herein
and as shown on the Plat as such and comprises the space and improvements enclosed by its
boundaries as described in Section 4 and shown on the Plat and, as the context requires, the
accompanying fractional interest in the Common Elements.
1.2 Liberal Construction.
The provisions of this Declaration must be liberally construed to effectuate its purpose of
creating a uniform plan for the development and operation of this Condominium Association
under the provisions of Oregon law. The terms used herein are intended to have the same
meaning given in the Act unless the context clearly requires otherwise or to so define the terms
would produce an illegal or improper result.
1.3 Original Owner of Units.
Declarant is the original Owner of all Units and will continue to be deemed the Owner
thereof except as conveyances or documents verifying the ownership of specifically described
Units are filed of record.
1.4 Captions and Exhibits.
The captions and headings of sections herein are for convenience only and are not
intended to modify or affect the meaning of any of the substantive provisions hereof. The
various exhibits referred to herein and attached hereto shall be deemed incorporated herein by
reference as though fully set forth where such reference is made.
1.5 Severability.
Each provision of this Declaration and the Bylaws must be deemed independent and
severable, and the validity or partial invalidity of any provision will not affect the validity or
enforceability of the remaining part of that or any other provision of this Declaration or the
Bylaws.
1.6 Duration.
These covenants, conditions and restrictions nm with and bind, benefit and burden in
perpetuity the Property, all Owners and occupants, and the lessees, invitees and guests of all
Owners and occupants unless amended in accordance with this Declaration or terminated by the
affirmative vote of 100% of those entitled to vote.
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1.7 Notices.
All notices under this Declaration must be in writing. Any such notice will be deemed
effective on the earlier of the date of delivery or, if mailed, three (3) business days following the
date of mailing, if addressed to the addressee at the address, if any, designated in the
Association's records. It is the responsibility of the Owners to notify the Association of any
change in address or change in ownership of the Units. The Association is not be responsible for
independently verifying the accuracy of its record of Owners and their addresses.
1.8 Costs and Attorneys' Fees.
In any proceeding arising because of an alleged default by an Owner in complying with
the terms and provisions of this Declaration or the Rules and Regulations of the Association,
including without limitation failure to pay assessments, the prevailing party will be entitled to
recover its costs, including such reasonable attorneys' fees as may be determined by the trial
court in any trial or by the appellate court in any appeal or review thereof. In addition, the
Association shall be entitled to reasonable attorneys' fees associated with collection costs,
regardless of whether a legal action is filed.
1.9 Nonwaiver.
Any failure of the Association to enforce a covenant, condition or restriction contained in
this Declaration is not a waiver of the Association's right to enforce that or any other covenant,
condition or restriction contained in this Declaration.
1.10 Miscellaneous.
All terms and words used in this Declaration, regardless of the number or gender in which
they are used, will be deemed to include any other number and any other gender that the context
may require. "And/or" when applied to two or more matters or things will be construed to apply
to anyone or more or all thereof as the circumstances warrant at the time in question. "Herein,"
"hereof' and "hereunder," and words of similar import, must be construed to refer to this
Declaration as a whole, and not to any particular Section, unless expressly so stated. The word
"days" refers to calendar days unless specific reference is made to "business" days.
2. NAME.
The name by which the portion of the Property hereby submitted is to be identified is the
McCall Drive Condominium.
3. PROPERTY SUBMITTED AND DEVELOPMENT PLAN.
The Declarant's fee simple interest in the Property and the improvement thereon are
hereby submitted to the Act. Pursuant to ORS 100.150, Declarant proposes to develop the
Condominium with the maximum number of Units, the additional Common Elements, minimum
allocation of undivided interest in the Common Elements and election dates as follows:
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3.1 Maximum Number of Units.
Declarant is by this Declaration creating thirty-two (32) Units.
3.2 Allocation of Undivided Interest in Common Elements.
Unit Owners are entitled to an undivided interest in the Common Elements equal to the
percentage of the total square footage of all Units and assigned garage parking spaces in the
Condominium, represented by the square footage of the Owner's Unit and assigned garage
parking space. The following table shows the resulting percentage interest in the Common
Elements for each of the thirty-two (32) Units.
Square Footage of Each Unit Square Footage of Garage Space Total SF & % Interest
Unit 2211: 625 SF G-2211: 242 SF 867 SF = 2.52%
Unit 2212: 1005 SF G-2212: 261 SF 1266 SF = 3.73%
Unit 2213: 625 SF G-2213: 242 SF 867 SF = 2.52%
Unit 2214: 1005 SF G-2214: 261 SF 1266 SF = 3.73%
Unit 2221: 625 SF G-222l: 242 SF 867 SF = 2.52%
Unit 2222: 1005 SF G-2222: 261 SF 1266 SF = 3.73%
Unit 2223: 625 SF G-2223: 242 SF 867 SF = 2.52%
Unit 2224: 1005 SF G-2224: 261 SF 1266 SF = 3.73%
Unit 2231: 625 SF G-2231: 242 SF 867 SF = 2.52%
Unit 2232: 1005 SF G-2232: 261 SF 1266 SF = 3.73%
Unit 2233: 625 SF G-2233: 242 SF 867 SF = 2.52%
Unit 2234: 1005 SF G-2234: 261 SF 1266 SF = 3.73
Unit 2241: 625 SF G-2241: 242 SF 867 SF = 2.52%
Unit 2242: 1005 SF G-2242: 261 SF 1266 SF = 3.73%
Unit 2243: 625 SF G-2243: 242 SF 867 SF = 2.52%
Unit 2244: 1005 SF G-2244: 261 SF 1266 SF = 3.73%
Unit 2251: 625 SF G-2251: 242 SF 867 SF - 2.52%
Unit 2252: 1005 SF G-2252: 261 SF 1266 SF = 3.73%
Unit 2253: 625 SF G-2253: 242 SF 867 SF = 2.52%
Unit 2254: 1005 SF G-2254: 261 SF 1266 SF = 3.73%
Unit 2261: 625 SF G-226l: 242 SF 867 SF = 2.70%
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Unit 2262: 1005 SF G-2262: 261 SF 1266 SF = 3.71 %
Unit 2263: 625 SF G-2263: 242 SF 867 SF = 2.52%
Unit 2264: 1005 SF G-2264: 261 SF 1266 SF = 3.73%
Unit 2271: 625 SF G-2271: 242 SF 867 SF = 2.52%
Unit 2272: 1005 SF G-2272: 261 SF 1266 SF = 3.73%'
Unit 2273: 625 SF G-2273: 242 SF 867 SF = 2.52%
Unit 2274: 1005 SF G-2274: 261 SF 1266 SF = 3.73%
Unit 2281: 625 SF G-2281: 242 SF 867 SF = 2.52%
Unit 2282: 1005 SF G-2282: 261 SF 1266 SF = 3.73%
Unit 2283: 625 SF G-2283: 242 SF 867 SF = 2.52%
Unit 2284: 1005 SF G-2284: 261 SF 1266 SF = 3.73%
Total: 34,128 SF = 100%
Each Unit's interest in the Common Elements is inseparable from the Unit and any
conveyance, encumbrance, judicial sale, or other transfer, voluntary or involuntary of an
undivided interest in the Common Elements, is void unless the Unit to which that interest is
allocated is also transferred.
4. DESCRIPTION AND BOUNDARIES OF UNITS
The Condominium consists of thirty-two (32) Units in eight (8) two-story buildings. The
location of each Unit is shown on the Plat and the street address of each Unit is as follows: 2211-
2284 McCall Drive, Ashland, Oregon. The Units have stem wall foundations and vinyl frame
windows. The Units are wood framed with 30-year dimensional, composition shingle roofs with
cedar lap siding. Each Unit has an individual heat pump for heating and cooling. There are no
basements. The Units are bounded by the interior surfaces of its perimeter and load bearing
walls up to the center point(s) of any party wall adjacent to any Unit, floors, ceilings, skylights,
windows and window frames, doors and door frames, and trim as shown on the Plat. The Units
include both the horizontal and vertical interior surfaces so described (including the sheet rock of
the stud wall, top of floor joists, and bottom of ceiling joists) and the air space so encompassed.
All lath, furring, wallboard, plaster-board, plaster, paneling, tiles, wallpaper, paint, finished
flooring and any other materials constituting any part of the finished surfaces thereof shall be a
part of any Unit. All other portions of the walls, floors or ceilings shall be a part of the General
Common Elements. The table in Section 3.2 shows the approximate square footage of each Unit.
The Units shall include all utility systems located within the Unit and any air conditioning
equipment that services the Unit even if located outside of the walls that otherwise foml the Unit
boundary. In the event of any conflict between the Plat and this Declaration, the latter controls.
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There are no basements, but the building contains approximately 1104 square feet of garage
space.
5. GENERAL COMMON ELEMENTS
5.1 Description
The General Common Elements consist of all improvemel1ts and land other than the
Units and Limited Common Elements. The General Common Elements include, without
limitation, the main access driveway, all sidewalks, any and all fences between the Buildings, the
lawn areas which are not fenced (including any trees, plants and other landscaping), all surface
parking spaces, the mailboxes and any shared utility lines serving all the Units for use of the
Owners in accordance with the provisions of this Declaration. All other portions of the walls,
floors or ceilings (including the roofs and party walls) which are not part of each individual Unit
shall also be a part of the General Common Elements.
5.2 Use.
Each Owner has the right to use the General Common Elements in common with all other
Owners and a right of access from the Owner's Unit across the General Common Elements to the
public streets. The right to use the General Common Elements extends not only to each Owner,
but also to each Owner's agents, servants, tenants, family members, invitees, and licensees. The
right to use the Common Elements is governed by the Act, this Declaration, the Bylaws, and the
Rules and Regulations adopted by the Association. Any attempt to transfer voluntarily or
involuntarily any ownership interest in any General Common Element separately from the
transfer of the Unit to which such interest pertains is void.
5.3 No Alteration.
The General Common Elements may not be altered, modified, improved, or developed
without the prior written consent of the Board and the Board of the Master Association, which
consents shall not be unreasonably withheld, conditioned or delayed.
6. LIMITED COMMON ELEMENTS
The Limited Common Elements are those Common Elements designated as reserved for
the use of a specific Unit or Units to the exclusion of all other Units. Each Unit entry way and
entry stairs, deck, patio, concrete front porch, concrete rear patio, shall constitute a non-
transferable Limited Common Element for the benefit of the adjacent Unit, as shown on the Plat,
the use of which shall be reserved to the Owner of the adjacent Unit. Additionally, the garage
parking spaces and driveway parking space in front of the garage are limited common elements
reserved for the exclusive use ofthe Units as set f01ih in the table in Section 3.2 above.
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7. DESCRIPTION OF UTILITIES
All Units are separately metered for all utilities including water, sewer, electricity,
telephone, and cable TV. Each Unit Owner shall individually arrange to be billed by the
pertinent providers. There is no natural gas service to the project. The lawn areas share one
common meter for common irrigation and for common electricity, the costs of which shall be
allocated to each Unit in the monthly Association assessments.
8. OCCUPATION, USE AND TRANSFER
The Condominium is intended solely for residential use. The Units may be used only in a
manner appropriate to maintain the Condominium's status as a residential condominium on an
ownership, rental, or lease basis, and for social, recreational, or other reasonable purposes
normally incidental to residential use. Units may be used for accessory home businesses subject
to Board approval of the business as compatible with the residential character of the
Condominium, such approval to not be unreasonably withheld, conditioned or delayed. The Unit
Owner must also satisfy any local governmental requirements for, or restrictions upon, an
accessory home business use of their Unit. Units may be used for operating the Association and
for management of the Condominium. Units may only be leased in accordance with and to the
extent allowed by Section 7 of the Bylaws. Eight (8) of the Units in the Condominium will be
subject to restrictions under the City of Ashland's Affordable Housing Program limiting
ownership and the purchase price and rental payments on such Units pursuant to the terms of the
agreement with the City of Ashland recorded in the Records of Jackson County, Oregon
encumbering title to such Units.
9. MAINTENANCE
9.1 Common Elements
The necessary work to maintain, repair or replace all the Common Elements shall be
carried out by the Association, as provided for in the Bylaws. No Owner may alter the Common
Elements without first obtaining the consent of the Association. All work will be specially
assessed to the benefited units if the work pertains to less than all of the Units in the
Condominium. For example if the roof of a single building needs repaired then the cost will be
specially assessed only to the Unit Owners of the affected Building. Any such special assessment
to the benefited units shall be as reasonably and uniformly detem1ined by the Association Board.
9.2 Individual Units
Except as otherwise provided in the Bylaws, each Owner is responsible for all
maintenance and repairs to their respective Unit. Each Owner must keep their Unit in good
order, condition, and repair.
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10. EASEMENTS
10.1 In General.
Each Owner and the Association will have an easement for reasonable access and use of
,
in and through each other Unit and the Common Elements, for utility, wiring, heat, plumbing and
other service elements, and for reasonable access required to effectuate and continue proper
operation of the condominium. All Common Elements are specifically subject to the foregoing
easement for access and use as required for the utility lines, meters, service boxes, and other
equipment serving the Condominium or any Unit. The rights described in this Section may be
exercised only upon reasonable notice to the Owner of the other Unit, at such time as is
reasonably convenient to the other Owner and in a manner that minimizes any interference with
the other Owner's use and enjoyment of their Unit. The specific mention or reservation of any
easement for access and use in this Declaration does not limit or negate the general easement for
Common Elements created by the Act. Each Unit Owner shall have an easement over the
Common Elements for reasonable ingress to and egress from the Owner's Unit. Such easement
shall be perpetual and appurtenant to the Unit ownership.
10.2 Rights Created by Association.
The Association has the authority, pursuant to ORS 100.405(5) of the Act, to create, on
behalf of the Unit Owners, leases, easements, rights of way, licenses and other similar interests
affecting the Common Elements and consent to vacation of roadways within and adjacent to the
condominium as provided in ORS 100.405(5); provided, however, no such interest may be
granted with regard to a Limited Common Element unless the Owner and any Mortgagees of the
Units having the right to use such Limited Conmlon Elements consent to the creation of such an
interest. The granting of a lease in excess of two (2) years duration, or any other interest or
consent pursuant to this Section, shall be done only after the prior approval of the Owners of at
least seventy five percent (75%) of the Units. Nothing in this Section may be deemed to
empower the Association to revoke, alter, modify or terminate any leases, easements, rights of
way, license and similar interest of record on the date this DecIaration is recorded.
10.3 Right of Entry.
The Board, acting on behalf of the Association, or any other Person authorized by the
Board, may enter any Owner's Unit in the case of any emergency originating in or threatening
such Unit or any other Unit or the Condominium, or requiring repairs in such Unit to protect
public safety, whether or not the Owner is present at the time. Each Owner must also pemlit
such persons to enter the Owner's Unit for the purpose ofperfonning installations, alterations, or
repairs to any Common Element, preventing damage to the Common Elements or the other
Units, or inspecting the Unit to verify that the Owner is complying with the restrictions and
requirements described in this Declaration, the Bylaws, and/or the Association Rules and
Regulations, provided that (i) reasonable notice is given to the Owner, and (ii) except in the case
of an emergency, entry is made at a time or times reasonably convenient to the Owner and in a
manner that minimizes interference with such Owner's use or enjoyment of their Unit.
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10.4 Special Easement and Rights for Declarant.
During the period of sale and constmction of the Units, Declarant and its agents,
successors and assigns have an easement for access and use of, over and upon the Common
Elements for the purpose of completing or making repairs to the Condominium and carrying out
marketing activities reasonably necessary for the sale of Units, including, without limitation, the
right to post signs on the Common Elements, use the Units owned by the Declarant as model
Units and the right to use such model Unites) for real estate marketing with respect to the Units
or other property. If the Declarant causes damage to the Common Elements in the exercise of the
easement granted in this Section 10.4, then Declarant must restore the Common Elements,
ordinary wear and tear excepted. The Declarant and its agents, contractors or employees may
maintain daily hours of exterior Unit constmction work from 7:00 A.M. until 5 P.M., Monday
through Saturday. The Declarant and its agents, contractors or employees may do interior Unit
constmction work from 7:30 A.M. until 9:00 P.M, on any day. The Association has no approval
right or other power by amendment, mles or otherwise to control, limit, regulate or affect
Declarant's design, constmction or marketing of Units, which is in Declarant's sole discretion.
Declarant in its sole discretion may remove trees and other vegetation for the constmction of the
Units and any improvements to the Common Elements and burn or chip such vegetation within
the Property.
11. COMMON INCOME AND EXPENSES; VOTING
11.1 Allocation of Income and Expenses.
Subject to the following exceptions, the common income, if any, derived from, and the
Common Expenses of, the Common Elements and any other Common Expenses must be
allocated among all the Units and charged to the Owner of each Unit according to each Owner's
percentage interest in the Common Elements as provided in Section 3 of this Declaration and the
Bylaws. Common Expenses solely attributable to a particular building shall be specially assessed
only to the Owners of Units in or constituting that Building. It is the intent of the Declarant to
provide a fair allocation of the Common Expenses based upon the relative benefit to the Units
from any particular Common Expense. Accordingly, anything herein to the contrary
notwithstanding, if a Unit Owner demonstrates by clear and convincing evidence in an arbitration
pursuant to Section 16 of this Declaration that a Common Expense allocation hereunder is
materially unfair due to a mistake of the Declarant, changed conditions (other than with respect
to the use, or lack of use, of the Units or Common Elements), etc., based upon the relative benefit
to each Unit of such ongoing expenses in that category then the arbitrators shall have the
authority to make such adjustment by prospectively reforming the Declaration. The arbitrators
shall have no jurisdiction to retroactively reallocate past assessments of the Association,
however, on such a basis.
11.2 Votes.
Each Owner is entitled to one (1) vote for each Unit owned. In the event of co-Owners
there will be only one (1) vote for the Unit.
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12. SERVICE OF PROCESS
The name of the person designated to receive service of process in cases provided in
ORS 100.550(1) is named in the Condominium hlfonnation Report which has been filed with the
Real Estate Agency in accordance with ORS 100.250(1)(a).
13. ENCROACHMENTS
13.1 Easement for Encroachments.
Each Owner has a right of use 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
Building, or any other similar cause, and any encroachment due to building overhang or
projection. There is a valid easement for the maintenance of the encroaching Units and Common
Elements so long as the encroachment exists, and the rights and obligations of Owners are not to
be altered in any way by the encroachment.
13.2 Limitation.
The easement described under section 13.1 does not relieve an Owner of liability in case
of willful misconduct of an Owner or relieve the Declarant or any contractor, subcontractor or
vendor of liability for failure to adhere to the plans.
13.3 Effect of Marketability.
The encroachments described in Section 13.1 of this Section 13 may not be construed to
be encumbrances affecting the marketability of title to any Unit.
14. MORTGAGEE PROTECTION
14.1 Controlling Over Other Sections.
In the event of a conflict between this Section and other sections of this Declaration, the
provisions of this Section control.
14.2 Notice of Action.
Upon written request to the Association identifying the name and address of any
Mortgagee with respect to a Unit and the address of such Unit, the Mortgagee will be entitled to
receive written notice of: (a) all meetings of the Association and will be permitted to designate a
representative to attend all such meetings; (b) any condemnation loss or any casualty loss which
affects a material portion ofthe Condominium or any Unit on which there is a Mortgage; (c) any
delinquency in the payment of assessments or charges owed by an Owner of a Unit on which
there is a mortgage which remains uncured for a period of sixty (60) days; (d) any lapse,
cancellation, or material modification of any insurance policy or fidelity bond maintained by the
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Association at least ten (10) days before such occurs; and (e) any proposed action which would
require the consent of the specified percentage of Mortgagees under the Declaration or Bylaws.
14.3 Mortgagee Approval.
For purposes of determining the percentage of Mortgagees approving a proposed decision
or course of action in cases where a Mortgagee holds first Mortgages on more than one Unit,
such Mortgagee will be deemed a separate Mortgagee as to each such Unit.
14.4 Mortgagee's Consent to Abandon Condominium.
Except with respect to termination of the Condominium as a result of destruction,
damage, or condemnation, any termination of the Condominium requires the approval of
Mortgagees holding Mortgages on Units having at least sixty-seven percent (67%) of the votes of
Units in the Condominium which are subject to Mortgages. Any such tennination of the
Condominium must be carried out by the Owners pursuant to the provisions of the Declaration,
Bylaws, and the Act and only after a vote of the Owners as required herein.
14.5 Amendment of Condominium Declaration or Bylaws.
Subject to any contrary provisions of the Act, except upon the approval of Mortgagees
holding Mortgages on Units which have at least fifty-one percent (51 %) of the votes of Units in
the Condominium which are subject to Mortgages, no amendments may be made to the
Declaration or Bylaws which add to or amend any material provision of the Declaration or
Bylaws which establish, provide for, govern, or regulate any of the following: (a) voting; (b)
assessment, assessment liens, or subordination of liens; (c) percentage ownership in Common
Elements, including, but not limited to, the reallocation of interests in the Common Elements
after a partial condemnation or partial destruction of the Property; (d) reserves for maintenance,
repair, and replacement of the Common Elements; (e) insurance or fidelity bonds; (f) easements
of access and use of the Common Elements; (g) responsibility for maintenance and repair of the
several portions of the Condominium; (h) expansion or contraction of the Condominium, or the
addition, annexation, or withdrawal of real property to or from the Condominium; (i) boundaries
of any Unit or the exclusive easement rights appurtenant thereto; (j) conversion of Units into
Common Elements or of Elements into Units; (k) leasing of Units; (1) imposition of any right of
first refusal or similar restriction on the right of an Owner to sell, transfer, or otherwise convey
such Owners' Unit; (m) any provisions which are for the express benefit of Mortgagees; (n) the
purposes to which any Unit or the Common Elements are restricted; and (0) establishment of
self-management by the Association.
14.6 Limitation.
The provisions of Section 14.5 are intended only to be a limitation on the right of the
Owners to amend the Declaration and Bylaws. Any such amendments to the Declaration or
Bylaws may be made only upon full compliance with the provisions of such relating to the
procedure and percentage of votes required for such amendment in addition to Section 14.5.
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14.7 Deemed Approval by Mortgagees.
Any Mortgagee who receives a written request to approve an amendment to the
Declaration or Bylaws or any other action to be taken by the Board, Association, or Owners will
be de('::med to have given such approval unless such Mortgagee's written objection to such action
is delivered to the Association within thirty (30) days after the date of the written request.
14.8 Mortgagee's Proxy.
If the Mortgagee of any Unit determines that the Association is not providing an adequate
maintenance, repair and replacement program for the Common Elements, then such Mortgagee,
at its option, may deliver a notice to the registered agent of the Association, as required pursuant
to ORS 100.550, setting forth the particular defect which it believes exists in the maintenance,
repair and replacement program. Ifthe specified defects are not corrected within ninety (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 hereunder, has the right to attend succeeding annual or
special meetings of the Association and to cast the vote(s) for each Unit on which it holds a
mortgage on all business coming before such meeting, which proxy rights will continue until the
defects listed on the notice are corrected.
15. OPERATING ENTITY
15.1 Formation and Authority.
The McCall Drive Condominium Owners Association has been organized as a nonprofit
mutual benefit corporation to administer the operation and management of the Condominium and
to undertake and perform all acts and duties incident thereto in accordance with the terms of its
Articles of Incorporation, this Declaration and Bylaws. A copy of the Bylaws are attached hereto
as Exhibit B. Each Owner is entitled to vote in the manner prescribed in the Articles of
Incorporation and Bylaws of the Association.
15.2 Duties and Powers of the Association.
The Association has all requisite power, duty and authority to perform its obligations
under this Declaration, including without limitation the power, duty and authority to enforce the
provisions of this Declaration and to acquire and pay for, from funds provided by assessments of
the Units, all goods and services necessary or appropriate for the proper functioning of the
Association in accordance with this Declaration. Without limiting the generality of the foregoing
or the other provisions of this Declaration, the Association has the power, duty and authority,
subject to other provisions of this Declaration and the Bylaws, to undertake the following
actions: (a) determine the amounts necessary or appropriate for the performance by the
Association of its powers and duties under this Declaration; (b) impose and collect arumal and
special assessments from the Owners; (c) maintain bank accounts on behalf of the Association
and designate the signatories for those accounts; (d) file all required income tax returns; (e)
enforce by legal means the provisions of this Declaration; (f) maintain and repair the Common
Elements and the improvements thereon and establish a reserve fund and maintenance plan for
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such purposes; (g) promulgate, modify, and rescind mles and regulations governing use of the
Common Elements and all improvements on the foregoing, as well as the Condominium
generally; (h) obtain such policies of insurance as the Board may from time to time deem
appropriate for the protection of the Association, the Common Elements and the improvements
thereon; (i) contract for such services (including without limitation legal and accounting services)
as may be necessary or appropriate to manage the affairs of the Association properly and in
accordance with this Declaration, whether the persOlmel performing such services are employed
directly by the Association or by a manager or management firm or agent retained by the
Association; U) appoint such committees as the Board may determine from time to time to be
appropriate to assist in the conduct of the affairs of the Association and delegate to any such
committee such authority as the Board may deem appropriate, subject in all cases to the
provisions of the Declaration. Except to the extent expressly stated otherwise in this Declaration
or the Bylaws, the Association has the powers set forth in the Act at ORS 100.405(4).
15.3 Rules and Regulations.
The Association may, by a majority vote of the Board, from time to time, adopt, amend,
enforce and repeal Rules and Regulations as the Board determines to be necessary or proper for
the operation of the Association. The Rules and Regulations will govern use of the Units and
Common Elements by any Owner, occupant, family member or invitee of an Owner or occupant.
Provided, however, that the mles and regulations may not discriminate among Owners and may
not be inconsistent with this Declaration, the Association Articles or Bylaws. A copy of the
Rules and Regulations as they may from time to time be adopted, amended or repealed, shall be
mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the rules and
regulations shall have the same force and effect as if set forth in and a part of this Declaration.
The Association Rules and Regulations shall not materially change the rights, preferences or
privileges of any person, or the restrictions on any Unit as herein set forth.
15.4 Control of Association.
The Condominium will be governed by the Association. As provided in ORS 100.200(1)
and (2), the Declarant may retain administrative control of the Association for a period not
exceeding the earlier of: (a) three (3) years from the date of conveyance of the first Unit; (b) the
date of conveyance to persons other than Declarant of 75% of the Units in the Condominium
which may be created under ORS 100.150; or (c) the date on which Declarant elects to relinquish
pernlanently its control, whichever date first occurs. Administrative control of the Association
by the Declarant is more particularly set forth in the Bylaws.
16. Membership
16.1 Membership.
Each Owner, by virtue of being an Owner and as long as such Owner continues in that
capacity, shall be a member of the Association. The membership of an Owner terminates
automatically upon an Owner being divested of its ownership interest in a Unit and Common
Elements. Each membership in the Association is appurtenant to the Unit owned by an Owner
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and may not be transferred in any manner whatsoever except upon a transfer of title to such Unit
and then only to the transferee of such title. Any attempt to make a prohibited transfer of a
membership is void.
16.2 Voting.
Each Owner is entitled to one (1) vote per Unit owned in the manner prescribed in the
Articles of Incorporation and Bylaws of the Association. In the event of co-Owners, there
remains only one (l) vote per Unit. Except as otherwise provided in Section 14, no person, finn
or corporation holding any lien, mortgage or other encumbrance upon any Unit is entitled, by
virtue of such lien, mortgage or other encumbrance, to membership in the Association, or to any
of the rights or privileges of such membership.
16.3 Enforcement Powers.
In addition to any other enforcement rights described in this Declaration and the Bylaws
or authorized by law, and subject to any restrictions on the Association's enforcement rights,
including any due process requirements imposed by this Declaration, the Bylaws or by law, the
Association may take any of the following actions against any person or entity whose act or
failure to act violates or threatens to violate any provision of this Declaration, the Bylaws, or
Association Rules: (a) impose monetary fines of no more than $100 for the first violation, $500
for the second violation and $1,000 for the third violation of the same type; (b) suspend or revoke
the qualification of any Occupant for use of the Unit and/or Common Elements; and ( c)
commence a legal action for damages, injunctive relief, or both. Any remedies specifically
provided herein are nonexclusive and cumulative and are in addition to all other legal or
equitable remedies available to the Association.
16.4 Enforcement Actions.
The determination of whether to impose any of the foregoing sanctions is within the sole
discretion of the Association. The Association may take more than one of the foregoing
enforcement actions against any violation or threatened violation. The Association, in its sole
discretion, may resolve or settle any dispute, including any legal action, under such terms and
conditions as it considers appropriate.
16.5 Mediation and Arbitration.
Except with respect to any action by the Association to foreclose an existing lien or
execute on an existing judgment, every Owner and the Association has the right to submit any
dispute regarding enforcement of this Declaration, the Bylaws or the Association Rules and
Regulations to nonbinding mediation, and if the mediation is unsuccessful, to binding and final
arbitration according to the rules of the Arbitration Service of Portland, Inc.
If any action is brought by one or more but less than all Owners on behalf of the
Association and recovery is had, the expenses of these Owners shall be a Common Expense.
However, if such action is brought against the Owners or against the Board, Officers, employees,
or agents thereof, in their capacities as such, with the result that the ultimate liability asse11ed
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would, if proved, be borne by all the Owners, the plaintiff s expenses, including attorneys' fees,
shall not be charged to or borne by the other Owners, as a Common Expense or otherwise.
Complaints brought against the Association, the Board or the officers, employees, or
agents thereof, in their respective capacities as such or the Condominium as a whole, must be
directed to the Board, which must promptly give written notice thereof to the Owners and any
Mortgagees. Such complaints must be defended by the Board, and the Owners and Mortgagees
have no right to participate in such defense other than through the Board. Complaints against
one or more, but less than all Owners, must be directed to such Owners, who must promptly give
written notice thereof to the Board and to the Mortgagees affecting such Units, and must be
defended by such Owners.
16.6 Suspension of Sanctions.
Except in the event of an emergency threatening the health or safety of the other
occupants of the Condominium, the sanctions described above in Section 16.3 may not be
imposed until the subject of the sanction has first been given ten (10) days prior notice and
opportunity to cure the violation complained of and to be heard orally or in writing by the Board.
The notice may be given in any manner reasonably intended to provide actual notice to the
subject of the sanctions. The imposition of the sanctions described above in Section 16.3 may be
suspended during the pendency of any mediation and arbitration.
17. MANAGING AGENT
17.1 Professional Management.
The Association must be professionally managed by a licensed property manager.
If the Association assumes self-management at any time by the agreement of the Owners,
thereafter the Association must resume professional management and appoint a managing
agent upon the request of any two (2) Owners. If the Board fails to appoint a managing
agent within thirty (30) days of such a request then the managing agent must be a licensed
property management firm appointed by and under the supervision of the presiding judge
of the Jackson County Circuit Court until the Board appoints another qualified managing
agent. At least thirty (30) days' notice of any contemplated change in the managing agent
must be given to any Mortgagee which has requested notice. Even if the Condominium is
self managed, the Association shall engage a qualified professional maintenance
consultant and contractor to regularly inspect and maintain the Common Elements and
Building Shell of each building in the Condominium as reasonably necessary to keep the
Condominium well maintained and in good repair. At a minimum the Condominium
shall be inspected and maintained on the following basis: (a) weekly routine landscaping
and ground keeping during the summer growing season and monthly during periods of
dormant growth; (b) rain gutter and downspouts and stonn water drainage system in
October of each year to assure storn1 water will drain away from the buildings; (c) all
other elements shall be inspected and maintained at least ammally including but not
limited to the landscape irrigation system, tree and shrub pnming, roofing, siding,
window and door frames, caulking and flashing of all penetrations of the building exterior
PAGE 16 - McCALL DRIVE CONDOMfNlUM DECLARATION
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surfaces, street curbs and gutters, sidewalks, street paving, stairs, decks, patios, fences,
gates, retaining walls, foundations, eaves and soffits, etc. Declarant or any Owner shall
have the right to specifically enforce these inspection and maintenance requirements and
recover from the Association and the other Owners any legal fees and costs incurred in
any mediation, arbitration or litigation necessary to specifically enforce these
requirements including any trial and any appeal or review of a trial judgment. Any
petition for specific perfonnance of such inspection and maintenance requirements shall
not be subject to the normal dispute resolution procedures of this Declaration.
17.2 Initial Managing Agent.
Subject to the rights of the Association or the Board to terminate the managing agent
without penalty upon not less than thirty (30) days written notice to the other party given not later
than sixty (60) days after the Turnover Meeting specified in the Bylaws of the Association,
Barclay Square Condominium, LLC will act as the initial agent to manage the Condominium for
a term not to exceed two (2) years.
17.3 Scope of Managing Agent Duties.
The Board may delegate to the managing agent responsibility for the following items in
addition to any others the Board chooses to delegate:
17.3.1 Operation, care, upkeep and maintenance of the portions of the
Condominium that are the responsibility of the Association such as the General Common
Elements, roofs and party walls;
17.3.2 Recommendation to the Board of the amounts required for operation,
maintenance and other affairs of the Association, and the preparation of annual budgets for
approval by the Board;
17.3.3 Collection of Common Expenses from the Owners;
17.3.4 Purchases for the maintenance, repair, replacement, administration,
management and operation of the Condominium which are consistent with Board-approved
budgets or specially approved by the Board;
17.3.5 Subject to Board approval, maintain bank accounts on behalf of the
Association;
17.3.6 The acqmsItIon of any and all goods and services necessary for the
operation of the Condominium or for enforcement of the Declaration and these Bylaws consistent
with Board-approved budgets or specially approved by the Board;
17.3.7 Subject to Board approval, maintenance and repair of any Unit, its
appurtenances and/or its improvements when such maintenance or repair is reasonably necessary
in the opinion of the managing agent to protect the Common Elements or preserve the
appearance and value of the Condominium development and the Owner or Owners of said Unit
PAGE 17 - McCALL ORNE CONDOMINIUM DECLARATlON
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have failed or refused to perform said maintenance or repair within a reasonable time after
written notice of the necessity of said maintenance or repair has been delivered by the Board to
the Owner or Owners;
17.3.8 Subject to Board approval, the Association will act as attorney-in-fact for
the Unit Owners for the purpose of purchasing and maintaining bonds and insurance the Board
deems necessary for fire or other hazard, liability for personal injury and property damage,
Fidelity of Association officers' and other employees, and Directors' and Officer's liability, for
the Association and the Condominium, including the Units, pursuant to the provisions of the
Declaration or Bylaws;
17.3.9 Preparation of financial statements, all appropriate income tax returns and
the Annual Report to be filed with the Oregon Real Estate Agency; and
17.3.10 Subject to Board review and approval, enforcement by legal means
of the provisions of the Act, the Declaration, Bylaws and any Association Rules and Regulations
adopted hereunder.
18. AMENDMENT
18.1 Approval Required.
Except as may otherwise be provided in this Declaration or by the Act, this Declaration
may be amended if such amendment is approved by the Owners of at least seventy-five percent
(75%) of the Units. Except as otherwise provided in the Act, no amendment may change the
size, location, allocation of undivided interest in the Common Elements, method for detennining
liability for Common Expenses, right to common income or voting rights of any Unit unless such
amendment has been approved by the Owners of the affected Units and the holders of any
Mortgages on such Units.
For as long as Declarant owns any unsold Units, the Bylaws, Rules and Regulations, and
this Declaration may not be modified, added to, amended or repealed so as to eliminate, change,
or impair any rights, privileges, easements, licenses or exemptions granted therein or herein to
Declarant or its designee, or otherwise adversely affect Declarant or such designee, without
Declarant's or such designee's consent.
18.2 Recordation.
The amendment will be effective upon recording by the Jackson County Clerk of the
Declaration (as amended) or of the amendment thereto, certified by the President and Secretary
of the Associatiori and (if required by law) approved by the Jackson County Assessor and the
Oregon Real Estate Commissioner.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed this d:J.l1v day of
)Ecf:M ~ , 2006.
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DATED this 22... day of ~006, being hereby adopted by the
undersigned Declarant on behalf of the Association.
DECLARANT:
BARCLAY SQUARE CONDOMINIUM, LLC,
an Oregon limited liability company
By:
Evan Archerd, Manager
STATE OF OREGON )
)
COUNTY OF JACKSON )
On this e?2 day of lJetlll,.,.",b-t?-l, 2006, personally appeared before me Evan Archerd, who
being duly swom did say that he is the Manager of Archerd & Dresner, LLC, an Oregon limited
liability company, which is a member of Barclay Square Condominium, LLC, an Oregon limited
liability company, and acknowledged that the foregoing instrument is the free act and deed of
said company.
. OFFICIAL SEAL ~~
. MARION ROSE ~,
'. NOTARY PUBLIC-OREGON Notary PublIc for D,e..b6-0Jo-i
, COMMISSION NO. A378095 M C .. E . . /' /
MY OMMISSION EXPIRES MAR. 8.2008 yommlsslOn xpnes :3 8 D5r
...~,-, ~
The foregoing Declaration is approved pursuant to ORS 100.110 this2g day of
~~ 2~ and in accordance with ORS 100.110(7), this approval shall
automatically expire if this Declaration is not recorded within two (2) years from this date.
SCOTTW. TAYLOR
Real Estate Commissioner
B
ASSESSOR AND TAX COLLECTOR
FOR JACK~'1-9 .
By:---LD;t -'~ J ~
Assessor
By:J)~ ~
Tax Collector ) - J
PAGE 19 - McCALL DRIVE CONDOMINIUM DECLARATION
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EXHIBIT A
Legal Description
PARCEL NO. ONE (1) OF PARTITION PLAT NO. P-05-2005, RECORDED
JANUARY 14,2005 IN RECORD OF PARTITION PLATS IN JACKSON COUNTY,
OREGON, AND FILED AS SURVEY NO. 18590 IN THE OFFICE OF THE JACKSON
COUNTY SURVEYOR. EXCEPTING THEREFROM THAT PORTION DEEDED TO
THE CITY OF ASHLAND BY WARRANTY DEED RECORDED AS INSTRUMENT
NO. 2005-073293 IN THE OFFICIAL RECORDS OF JACKSON COUNTY.
PAGE 20 - MeC ALL DRIVE CONDOMINIUM DECLARATION
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EXHIBIT B
Bylaws of Association
PAGE 11 - McCALL DRIVE CONDOMINIUM DECLARATION
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II,
BYLA WS
of
McCALL DRIVE CONDOMINIUM
OWNERS ASSOCIATION
MADE PURSUANT TO THE OREGON CONDOMINIUM ACT
~~-
TABLE OF CONTENTS
Page
1. GENERAL PROVISIONS ............................................................................................................................... 1
1.1 ID ENTITY. ........................................ .. .................... .. ..................... ........ .......... ........................................... 1
1.2 BYLAWS SUBJECT TO OTHER DOCUMENTS......................................................................... ....................1
1.3 ApPLICABILITY. ........................................................................................................................................ 1
1.4 OFFICE. ............................................................................................................................................. ........ 1
1.5 DEFINITIONS. ................................................................................................................... .......................... 2
2. MEE TIN GS 0 F OWNERS .............................................................................................................................. 2
2.1 INITIAL MEETING. ................................................ ........ ................................................................. ........... 2
2.2 TRANSITIONAL COMMITTEE. ........................... ... ...... .... ...... ......... ................................................ .~.......... 2
2.3 TURNOVER MEETING. ............................ ..... ........... .......... ......................................... ............ ........ ..... ...... 2
2.4 ANNUAL MEETINGS. ................................................................................................................................. 3
2.5 PLACE OF MEETINGS. .......................... .......... ................................................................. .... ............... ....... 3
2.6 SPECIAL MEETINGS. ................................................................................................................................. 3
2. 7 NOTICE. ..................................................................................................................................................... 3
2.8 VOTING........................................................................... ................................ ...... ..................................... 4
2.9 PROXIES. .............................................................................................................................................. ..... 4
2.10 FIDUCIARY AND CORPORATE OWNERS....................................................................................................5
2.11 VOTING BY MAIL OR ELECTRONIC MAIL. .............................................................................................. 5
2.12 QUORUM.................................................................................................................................................... 7
2.13 BINDING VOTE. ......................................................................................................................................... 7
2.14 ORDER OF BUSINESS. .......................................................................... ...................................................... 7
3. BO ARD OF D IRECTO RS ............................................................................................................................... 8
3.1 NUMBER, TERM AND QUALIFICATION. .................................................................................................... 8
3.2 POWERS AND DUTIES. ............................................................................................................................... 8
3.3 ACTIVITIES FOR PROFIT PROHIBITED. .................................................................................................. 10
3 .4 LIMITATION. ........................................................................................................................................... 10
3.5 ORGANIZATIONAL MEETING. ................................................................................................................ 11
3.6 REGULAR AND SPECIAL MEETINGS. ...................................................................................................... 11
3.7 WAIVER OF NOTICE. ............................................................................................................................... 11
3.8 QUORUM AND ACT OF BOARD. ............................................................................................................... 12
3 .9 REMOVAL. ............................................................................................................................................... 12
3.1 0 RESIGNATION. ......................................................................................................................................... 12
3 .11 VACANCIES. ............ ....... ................... .......... ............... .............................................................. ...... .......... 12
3 .12 COMPENSATION. ..................................................................................................................................... 12
3.13 LIABILITY AND INDEMNIFICATION OF DIRECTORS, OFFICERS, MANAGER OR MANAGING AGENT... 12
3.14 FIDELITY BONDS. ................................. ..... .......... ...................... ..................... ................. ........................ 13
3.15 INSURANCE. ............................................................................................................................................. 13
3.16 SPECIAL COMMITTEES. ............................. ..... ................................................................. ..... .................. 13
4. 0 FFI C ERS.............................................................................................................................................. ......... 13
4 .1 DESIGNATION. ......................................................................................................................................... 13
4.2 ELECTION.................................................................................................................................. .............. 14
4.3 REMOVAL. ............................................................................................................................................ ... 14
4.4 PRESIDENT. ............................................................................................................................................. 14
4.5 SECRETARY. ............................................................................................................................................ 14
4.6 TREASURER. ............................................................................................................................................ 14
4.7 EXECUTION OF INSTRUMENTS................................................................................................................ 15
4.8 COMPENSATION OF OFFICERS. .............................................................................................................. 15
5 . BUDGET, EXPENSES AND ASSESSMENTS ............................ ............................................. .................... 15
5.1 BUDGET. ....... ..... ............................... .......... ..... ..... ...... ........... ...................... .................... ....... ............. .... 15
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T ABLE OF CONTENTS
Page
5.2 RESERVE FUND. ..................................................................................................................................... . 16
5.3 DETERMINATION OF COMMON EXPENSES.............................................................................................17
5.4 ASSESSMENT OF COMMON EXPENSES.................................................................................................... 18
5 .5 OPERATING FUND. ..................... ......... ......................... ........... ................. ............................ ............ ....... 18
5.6 CONTINGENCY FUND. ............................................................................................................................. 19
5.7 SPECIAL ASSESSMENTS........................................................................................................................... 19
5.8 STATEMENT OF COMMON EXPENSES. .............. ........... ......................................................... ............ ...... 19
5.9 DEFAULT IN PAYMENT OF COMMON EXPENSES. ................................................................................... 19
5.10 DELINQUENT ASSESSMENT DEPOSIT. .................................... ....................................................... ......... 20
5.11 ACCELERATION OF ASSESSMENTS. ........................................................................................................21
5.12 FORECLOSURE OF LIENS FOR UNPAID COMMON EXPENSES. ............................................................... 21
5.13 LIEN PRIORITY. ................................................. ... .... .................. ... ............................ .............................. 21
5.14 FIRST MORTGAGES; LIABILITY OF SUBSEQUENT OWNER. .................................................................. 21
5.15 LIABILITY OF OWNERS. .......................................................................................................................... 22
5.16 VIOLATION BY OWNERS; REMEDIES. .................................................................................................... 22
5.17 No WAIVER. ...................................................................................................................... ..... ................. 23
6. RE CORDS AND A un IT S .............................................................................................................................. 23
6.1 GENERAL RECORDS. ............................................................................................................................... 23
6.2 RECORDS OF RECEIPTS AND EXPENDITURES.........................................................................................23
6.3 AsSESSMENT ROLL. ................................................................................................................................ 23
6.4 COMMON EXPENSE PAYMENT RECORDS. ..............................................................................................24
6.5 ANNUAL REpORTS AND AUDITS. ............................................................................................................ 24
6.6 NOTICE OF SALE, MORTGAGE, RENTAL OR LEASE. ............................................................................. 24
7. OCCUP A TION AND USE ............................................................................................................................. 24
7 .1 GENERALLY. ........................................................................................................................................... 24
7.2 LEASING OR RENTING OF UNITS. ........................................................................................................... 24
7.3 SALES FACILITIES OF DECLARANT. ....................................................................................................... 28
7.4 EFFECT ON INSURANCE. ............................................... ... ..................................................... .................. 28
7.5 OFFENSIVE OR UNLAWFUL ACTIVITIES.................................................................................................29
7.6 CONTESTED LEGAL REQUIREMENTS..................................................................................................... 29
7.7 P ARKlNG.................................................................................................................................................. 30
7.8 VEHICLES. ............................................................................................................................................... 30
7.9 PETS................................................................................................................................................... ...... 30
7.10 PROTECTION OF WILDLIFE. ................................................................................................................... 30
7.11 RUBBISH AND TRASH. .............................................................................................................................31
7.12 SIGNS. .................................................................................................................................................... .. 31
7.13 TEMPORARY STRUCTURES. .................................................................................................................... 31
7.14 ASSOCIATION RULES AND REGULATIONS..............................................................................................31
8. MAINTENANCE OF CONDOMINIUM PROPERTY AND RELATED MATTERS............................. 32
8.1 MAINTENANCE AND REPAIR. ............... ...... ..................................................................... ....... ................. 32
8.2 ADDITIONS, ALTERATIONS OR IMPROVEMENTS.......................................................................... ..........33
8.3 DAMAGE OR DESTRUCTION BY CASUALTy............................................................................................ 34
8.4 TOTAL CONDEMNATION. ................. .............. ........ ................ ..................... ............................ ..... ........... 34
8.5 PARTIAL CONDEMNATION...... ........................ ........ ..... ...... ..... ........ .................. ............... .......... ............. 35
9. IN S URAN CE ................................................................................................................................................... 35
9 .1 ASSOCIATION INSURANCE COVERAGE................. ................................................. ................ ....... ..... ..... 35
9.2 OWNER'S INSURANCE COVERAGE. ........................................................................................................ 37
9.3 INSURANCE PROCEEDS. ................ ...... ............. ............. ........ .......... ............................ ........... ....... ..... ..... 38
9 .4 MANDATORY PROVISIONS. ............ ........ ................. ....... ................ ......... .................. .............. ................ 38
9 .5 UNACCEPTABLE POLICIES...................................................................................................................... 38
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d-4,
10.
10.1
10.2
10.3
II.
12.
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
TABLE OF CONTENTS
Page
AMEND MENTS TO B YLA W S ................................................................................................................ 39
How PROPOSED.............................................................................................................................. ........ 39
ADOPTION. .................................................................................... ............................. ............................. 39
EXECUTION AND RECORDING................................................................................................................. 39
MEDIA TI 0 N AND ARBITRA TI 0 N ........................... ............................................................................ 39
MISCELLANEOUS................................................................................................................................... 40
NOTICES. ................................................................................................................................................. 40
WAIVER. ................................................. .................................................................... ........................ ..... 40
INVALIDITY; NUMBER; CAPTIONS. ........................................................................................................40
ACTION WITHOUT A MEETING. ............................................................................................................. 40
CONFLICTS; SEVERABILITY. .................................................................................................................. 40
RULES OR ORDER. .................................................................................................................................. 41
LIABILITY SURVIVES TERMINATION...................................................................................................... 41
INDEXING................................................................................................................................................. 41
THE DECLARANT AS OWNER.................................................................................................................. 41
TABLE OF CONTENTS - THE McCALL DRNE CONDOMINIUM OWNERS ASSOClA nON BYLAWS
PDX 1358705v3 64410-2
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BYLAWS
OF
McCALL DRIVE CONDOMINIUM OWNERS ASSOCIATION
THESE BYLAWS, to be effective upon their recording in Jackson County, Oregon,
pursuant to the provisions of the Oregon Condominium Act, are made and executed this 3rd
day of January ,2007 by McCall Drive Condominium Owners Association, a
nonprofit mutual benefit corporation organized under the laws of the State of Oregon (hereinafter
"Association") .
1. GENERAL PROVISIONS
1.1 Identity.
These are the Bylaws of the Association. The Articles of Incorporation for the
Association (the "Articles") were filed with the Oregon Secretary of State on March 1 0, 2006.
The Association has been organized for the purpose of administering the operation and
management of McCall Drive Condominium (the "Condominium"). The Condominium was
established by Barclay Square Condominium, LLC, an Oregon limited liability company (the
"Declarant"). The Condominium was established in accordance with the provisions of
ORS Chapter 100 (the "Act"). The Condominium is located upon property in Jackson County,
Oregon, the location of which is described in the Declaration of Condominium Ownership for
McCall Drive Condominium (the "Declaration") to which these Bylaws are attached as Exhibit
B.
1.2 Bylaws Subject to Other Documents.
The provisions of these Bylaws are applicable to said Condominium, and are expressly
subject to the temls, provisions and conditions contained in the Articles of Incorporation of the
Association, and subject to the tenns, provisions and conditions contained in the Declaration
which is being recorded simultaneously herewith in the records of Jackson County, Oregon.
1.3 Applicability.
Declarant, its successors and assigns, all Owners, tenants and occupants, their agents,
invitees, licensees and employees that use the Condominium, or any part thereof, are subject to
these Bylaws, and all Association Rules there under as promulgated from time to time.
1.4 Office.
The office of the Association shall be at the offices of 550 E. Main Street, Ashland, OR
97520, or at any other place designated by the Association.
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1.5 Definitions.
Unless otherwise specified, all tern1S shall have the same meaning in these Bylaws as
such terms have in the Declaration.
2. MEETINGS OF OWNERS
2.1 Initial Meeting.
The initial meeting of the Association shall be held within sixty (60) days after the
recording of these Bylaws. The Declarant shall call the meeting by written notice to each of the
Owners stating the exact time and place of the initial meeting and the purpose thereof. The
notice shall be in accordance with the requirements of Section 2.7 of these Bylaws, except that
the Declarant shall fulfill the role of President or Secretary.
2.2 Transitional Committee.
Unless the Turnover Meeting (see Section 2.3) has been held, the Declarant shall call a
meeting of the Owners within sixty (60) days of the conveyance to persons other than the
Declarant of fifty percent (50%) of all Units which maybe created under 100.125. Notice of the
meeting shall be given (as provided in Section 2.7) to each Owner at least seven (7) but not more
than fifty (50) days prior to the meeting. The notice shall state the purpose of the meeting and
the time and place' where it is to be held. If the meeting is not called by the Declarant within the
time specified, the meeting may be called and notice given by any Owner. If at the meeting the
Owners, other than the Declarant, fail to select a transitional committee, the Declarant shall have
no further responsibility to form such a committee. The committee shall be advisory only and
shall consist of two (2) or more members selected by Owners other than Declarant and shall not
include more than one representative of Declarant. The committee members shall serve until the
Turnover Meeting, and the committee shall function to ease the transition from control of the
administration of the Association by the Declarant to control by the Owners. The requirement
for a transitional committee shall not apply once the Turnover Meeting has been held.
2.3 Turnover Meeting.
A meeting shall be called by the Declarant within ninety (90) days from the earlier of (a)
seven (7) years from the date of conveyance of the first Unit; (b) the date of conveyance to
persons other than Declarant of 75% of the Units in the Condominium which may be created
under ORS 100.125; or (c) the date on which Declarant elects to relinquish pern1anently its
control, whichever date first occurs ("Tumover Meeting"). The Declarant shall give notice (as
provided in Section 2.7) of the Tumover Meeting to each Owner at least seven (7) but not more
than fifty (50) days prior to the Turnover Meeting. The notice shall state the purpose of the
Tumover Meeting and the time and place where it is to be held. If the Turnover Meeting is not
called by Declarant, the Turnover Meeting may be called and notice given by any Owner or by
any first Mortgagee of a Unit. At the Turnover Meeting, the Declarant shall relinquish control of
the Association to the Owners and the latter shall assume control. The Owners shall elect a
Board of Directors as set forth in these Bylaws and Declarant shall deliver to the Association the
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items specified in ORS 100.210. During the three (3) month period following the Turnover
Meeting, a representative of the Declarant shall be available to meet with the Board on at least
three mutually acceptable dates to review the documents delivered, pursuant to ORS 100.210.
2.4 Annual Meetings.
The first annual meeting of Owners shall be held in the first quarter of the calendar year
following the calendar year in which the Turnover Meeting is held. At such meeting, the
incumbent Directors elected at the Turnover Meeting to serve until the first annual meeting shall
resign and new Directors shall be elected by the Owners as provided herein. Thereafter, annual
meetings shall be held in same month as the first ammal meeting or in the month next following,
at such hour and on such date as the Board may designate, or if the Board should fail to designate
such date by the last day of the first month in which the meeting may be held, then the meeting
shall be held on the second Wednesday of the second month in which the meeting may be held,
unless such day shall be a legal holiday, in which event the meeting shall be held on the next
succeeding business day. At such meetings, the Owners shall elect Directors to fill vacancies or
to succeed retiring Directors as provided in Section 3 of these Bylaws and shall also transact such
other business of the Association as may properly come before the meeting.
2.5 Place of Meetings.
Meetings of the Owners will be held at the principal office of the Association, or at such
other suitable place as may be designated by the Board.
2.6 Special Meetings.
Special meetings of the Association may be called at any for the purpose of considering
matters which, by the ternlS of the Act, the Declaration or these Bylaws, require the approval of
all or some of the Owners, or for any other reasonable purpose. Such meetings shall be called by
written notice of the President, by resolution of the Board of Directors or upon a petition signed
and presented to the Secretary by the Owners of not less than thirty percent (30%) of the Units
stating the purpose of the meeting. The notice of any special meeting shall state the time and
place of such meeting and the purpose thereof.
2.7 Notice.
The President or Secretary shall give written notice of each Owners meeting at least seven
(7) days but not more than fifty (50) days prior to the date set for such meeting. The notice shall
state the purpose thereof and the time and place where it is to be held. Notice shall be given to
each Owner of record, and to any first Mortgagee of record requesting such notice, by first class
mail to each Owner or first MOligagee at the home or business address listed on the books of the
Association, by electronic mail sent to the electronic mail address of such Owner as listed on the
books of the Association, by facsimile sent to the facsimile home or business phone number
listed on the books of the Association, or at such other address as such Owner shall have
designated by notice in writing to the President or Secretary, at least ten (10) days prior to the
giving of such notice of meeting. The giving of a notice in the manner provided in these Bylaws
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shall be considered notice properly served. Proof of the giving of such notice, whether by mail or
personal delivery, shall be given by the affidavit of the person giving the notice. Notice of a
meeting may be waived by any Owner before or after the meeting. When a meeting is adjourned
for less than thirty (30) days, no notice of the adjourned meeting need be given other than by
announcement at the meeting at which such adjournment takes place.
2.8 Voting.
2.8.1 The total voting power of all Owners is one hundred percent (100%).
Each Owner is entitled to one (1) vote per Unit owned. An Owner's votes must be voted in
single block and may not be split.
2.8.2 In accordance with ORS 1 00.525(b), co-Owners of a Unit will have only
one vote per Unit owned. In the absence of protest by a co-Owner, the vote may be exercised by
anyone of the co-Owners present at a meeting. In the event of a disagreement among co-
Owners, the vote of the Unit or Units owned will be disregarded completely in determining the
proportion of votes given with respect to the matter at issue, unless a valid court order establishes
the authority of a co-Owner to vote.
2.8.3 The designation of a voting representative may be revoked and changed at
any time by actual written notice to the Board from a party having an ownership interest in a
Unit, or by actual written notice of the death or judicially-declared incompetence of any party
with an ownership interest in the Unit.
2.8.4 The power of designation and revocation may be exercised by the tmstee,
receiver, guardian, or conservator of an Owner and the administrator or executor of an Owner's
estate.
2.8.5 The Declarant is entitled to vote as the Owner of any Units it owns at the
time of the election, and the Board is entitled to vote on behalf of any Unit which has been
acquired by or on behalf of the Association; provided, however, that the Board may not vote such
Units in any election of Directors.
2.8.6 Any person, on becoming an Owner, must furnish to the managing agent
or Board a photocopy of the certified copy of the recorded instmment by which ownership of the
Unit was obtained, which instmment will remain in the files of the Association. An Owner will
not be deemed to be in good standing nor will an Owner be entitled to vote at any annual or
special meeting of Owners unless this requirement is first met.
2.9 Proxies.
A vote may be cast in person or by proxy. A proxy given by an Owner to any person who
represents such Owner at meetings of the Association shall be in writing, signed by such Owner,
shall nm to a person or persons of legal age, and shall be filed with the Secretary. No proxy shall
be 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. An Owner
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may pledge or assign voting rights to a Mortgagee. In such case, the Mortgagee or its designated
representative shall be entitled to receive all notices to which the Owner is entitled and to
exercise the Owner's voting rights from and after the time that the Mortgagee shall give written
notice of such pledge or assignment to the Board. Any first Mortgagee may designate a
representative to attend all or any meetings of the Association.
2.10 Fiduciary and Corporate Owners.
An executor, administrator, conservator, guardian or tmstee may vote, in person or by
proxy, at any meeting of the Association with respect to any Unit owned or held in such capacity,
whether or not the same has been transferred to such person's name; provided, however, that
such person must provide the Secretary with written evidence satisfactory to the Secretary that
the person is the executor, administrator, conservator, guardian or trustee, holding such Unit in
such capacity. Any person voting on behalf of a Unit owned by a corporation or other entity
must provide the Secretary with written evidence, satisfactory to the Secretary, that such person
is the duly constituted representative thereof.
2.11 Voting by Mail or Electronic Mail.
The Board may elect to hold any election or vote by mail or electronic mail, to the extent
permitted by Oregon law, in accordance with the procedure outlined below. For purposes of this
section, "written ballot" shall include any ballot distributed in electronic mail format.
2.11.1 In the case of an election of Board members by written ballot, then in
addition to the other requirements set forth in this Section 2.1 0, the following procedures must be
followed:
2.11.1.1 the existing Board members must advise the Secretary in
writing of the names of proposed Board members sufficient to constitute a full board and
of a date at least fifty (50) days after such advice is given by which all votes are to be
received;
2.11.1.2 the Secretary, within five (5) days after such advice is given,
must give written notice of the number of Board members to be elected and of the names
of the nominees to all Owners;
2.11.1.3 the notice must state that any such Owner may nominate an
additional candidate or candidates, not to exceed the number of Board members to be
elected, by giving written notice of such nomination to the Secretary on or before a
specified date which must be fifteen (15) days from the date after the notice was given by
the Secretary; and
2.11.1.4 five (5) days after such specified date, the Secretary must give
written notice to all Owners, stating the number of Board members to be elected, stating
the names of all persons nominated by the Board and by the Owners on or before the
deadline1 stating that each Owner may cast a vote by mail and stating the deadline
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established by the Board by which such votes must be received by the Secretary at the
address of the principal office of the Association (which must be specified in the notice)
and that votes received after that date will not be effective.
2.11.2 Any action that may be taken at any millual, regular or special meeting of
the Association may be taken without a meeting if the Association delivers a written ballot to
every Association member that is entitled to vote on the matter.
2.11.2.1 A written ballot must set forth each proposed action and
provide an opportunity to vote for or against each proposed action.
2.11.2.2 The Board must provide owners with at least ten (10) days'
notice before written ballots are mailed or otherwise delivered.
2.11.2.3 If, at least three (3) days before written ballots are scheduled to
be mailed or otherwise distributed, at least ten percent (10%) of the Owners petition the
Board requesting secrecy procedures, a written paper ballot must be accompanied by a
secrecy envelope, a retum identification envelope to be signed by the owner and
instmctions for marking and retuming the paper ballot. In this instance, no electronic
mail voting will be accepted. Written paper ballots that are retumed in secrecy envelopes
may not be examined or counted before the deadline for retuming ballots has passed.
2.11.3 Matters that may be voted on by written ballot will be deemed approved or
rejected as follows:
2.11.3.1 If approval of a proposed action otherwise would require a
meeting at which a certain quomm must be present and at which a certain percentage of
total votes cast is required to authorize the action, the proposal will be approved when the
date for retum of ballots has passed, a quomm of Unit Owners has voted, and the required
percentage of approving votes has been received. Otherwise, the proposal will be deemed
to be rejected.
2.11.3.2 If approval of a proposed action otherwise would require a
meeting at which a specified percentage of Owners must authorize the action, the
proposal will be approved when the percentage of total votes cast in favor of the proposal
equals or exceeds such required percentage.
2.11.4 All solicitations for votes by written ballot must state the following:
2.11.4.1 If approval of the proposal by written ballot requires that the
total number of votes cast equal or exceed a certain quomm requirement, the number of
responses needed to meet such quorum requirement;
2.11.4.2 If approval of a proposal by written ballot requires that a
certain percentage of total votes cast approve the proposal, the required percentage of
total votes needed for approval; and
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2.11.4.3 If the matter being voted on is the election of Directors to the
Board, the additional items set f01ih in Section 2.10.1.4.
2.11.5 All solicitations for votes by written ballot must specify the period during
which the Association will accept written ballots for counting, and a date certain on which all
ballots must be returned to be counted.
2.12 Quorum.
At any meeting of the Association, the presence, in person or by proxy, of Owners
representing a majority of the votes shall constitute a quonllTI. The subsequent joinder of an
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 deternlining a quorum. When a quorum
is once present to organize a meeting, it cannot be broken by the subsequent withdrawal of an
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, provided, however, that a quorum shall not be necessary to
provide with and hold a binding Turnover Meeting.
2.13 Binding Vote.
The vote of more than fifty percent (50%) of the total votes of the Owners present, in
person or by proxy, at a meeting at which a quonllTI is constituted shall be binding upon all
Owners for all purposes except where a higher percentage vote is required by law, the
Declaration or these Bylaws.
2.14 Order of Business.
The order of business at annual meetings of the Association shall be:
(a) Calling ofthe roll and certifying of proxies;
(b) 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.
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3. BOARD OF DIRECTORS
3.1 Number, Term and Qualification.
The affairs of the Association shall be govemed by the Board, which shall consist of
either three (3) or five (5) persons as detem1ined from time to time by the Owners. Until the
Turnover Meeting (as provided for in Section 2.3 of these Bylaws) shall have been held, the
Board shall consist of the Directors named in the AIiicles of the Association; provided, however,
that after the selection of the Transitional Committee pursuant to Section 2.2, one of the pre-
turnover Directors shall be a member of the Transitional Committee (as the members of the
Transitional Committee shall determine). The Declarant shall have the power to remove and
replace Directors until the Turnover Meeting. At the Turnover Meeting, if three (3) directors are
elected, one (1) Director shall be elected for a tenn of one (1) year, one (1) Director for a tenn of
two (2) years and one (1) Director for a term of three (3) years. If five (5) directors are elected,
one director shall be elected for a tenn of one (1) year, two (2) directors shall be elected to serve
for a term of (2) years and two (2) directors shall be elected to serve for a term of three (3) years.
At the expiration of the initial tern1 of office of each Director, the successor shall be elected to
serve for a term of three (3) years. The Director shall hold office for the term herein fixed and
until the Director's successors have been qualified and elected. There shall be no limit on the
number of successive terms a Director may serve on the Board, if elected as herein provided.
After the Turnover Meeting, all Directors shall be Owners except for the Declarant. Subsequent
to the Turnover Meeting, no Director shall continue to serve on the Board after ceasing to be an
Owner. For purposes of this Section 3.1, the officers of any corporation, the trustees of any trust,
or the partners of any partnership that owns a Unit shall be considered co-Owners of any such
Unit.
3.2 Powers and Duties.
The Board shall have the powers and duties necessary for the administration of the affairs
of the Association and may do all such acts except such acts which by law, the Declaration, or
these Bylaws may not be delegated to the Board by the Owners. Such powers and duties of the
Board shall include, without limitation (except as limited elsewhere herein) the following.
3.2.1 Operation, care, inspection, upkeep, repair, replacement and maintenance
of the portions of the Condominium that are the responsibility of the Association such as all the
Common Elements.
3.2.2 Determine amounts required for operation, maintenance and other affairs
of the Association, and the making of such expenditures.
3.2.3 AI1l1ually conduct a reserve study, or review and update any existing study,
of the Common Elements to determine the Reserve Fund requirements in accordance with
ORS 100.175(4).
3.2.4 Collect Common Expenses from Owners.
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3.2.5 Provide for the designation, hiring and removal of employees and other
personnel, including lawyers and accountants, to engage or contract for the services of others,
and to make purchases for the maintenance, repair, replacement, administration, management and
operation of the Condominium and to delegate any such powers to the manager or managing
agent (and any such employees or other personnel as may be employees of the managing agent);
provided, however, that any management agreement, service contract, or employee contract
entered into before the Turnover Meeting shall not be in excess of three (3) years, and shall be
terminable by the Association without penalty upon not less than thirty (30) days' written notice
to the other party given not later than sixty (60) days after the Tumover Meeting; and provided
further, that any agreement for management services entered into after the Tumover Meeting on
behalf of the Association must be terminable by the Association for cause upon not more than
thirty (30) days' notice, must have a reasonable term not exceeding two (2) years, and must be
renewable with the consent of the Board of Directors and the managing agent.
3.2.6 Adoption and amendment of reasonable Association Rules and
Regulations pursuant to Section 7.16 of these Bylaws.
3.2.7 Maintain all Association funds in bank accounts within the State of
Oregon on behalf of the Association and designate required signatories.
3.2.8 The acquisition of any and all goods and services necessary for the
operation of the Condominium or for enforcement of the Declaration and these Bylaws consistent
with Board-approved budgets or specially approved by the Board.
3.2.9 Maintenance and repair of any Unit, its appurtenances, and its appliances
only if such maintenance or repair is reasonably necessary, in the discretion of the Board, to
protect the Condominium Common Elements or preserve the appearance and value of the
Condominium development and the Owner or Owners of said Unit have failed or refused to
perform said maintenance or repair within a reasonable time after written notice of the necessity
of said maintenance or repair has been delivered by the Board to the Owner or Owners; provided,
that the Board shall levy a special assessment against the Unit and Owner or Owners of such Unit
for the cost of such maintenance or repair.
3.2.10 Pay any amount necessary to discharge any lien or encumbrance which is
claimed to or may, in the opinion of the Board, constitute a lien or encumbrance against the
Common Elements as opposed to a particular Owner's Unit. Where one or more Owners are
responsible for the existence of such a lien, they shall be jointly and severally liable for the cost
of discharging it, and any costs and expenses (including comi costs and attomeys' fees, both at
trial and on appeal) be specially assessed against the Owners and the Units responsible, to the
extent of their responsibility.
3.2.11 Subject to Board approval, obtain and review bonds and insurance the
Board deems necessary such as liability for personal injury and property damage, fidelity of
Association officers' and other employees, and Directors' and Officer's liability, for the
Association and the Condominium, including the Units, pursuant to the provisions of the
Declaration or Bylaws.
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3.2.12 Subject to the limitations set forth in Section 3.4, make repairs,
replacements, additions and improvements to, or alterations of, the Common Elements and
repairs to and restoration of the Common Elements in accordance with the Declaration or Bylaws
after damage or destmction by fire or other casualty, or as a result of condemnation or eminent
domain proceedings or settlement under the threat thereof; provided, that if for any reasons such
repairs or restorations are provided for the Limited Common Elements appurtenant to any
particular Unit, or otherwise for the benefit of particular Units or their Owners, the cost thereof
shall be specially assessed against the Owners of such Units.
3.2.13 Subject to the limitations set forth in Section 3.4, borrow money on behalf
of the Association when required in connection with the operation, care, upkeep, and
maintenance of the Common Elements; provided, however, that no lien to secure repayment of
any sum borrowed may be created on any Unit or its appurtenant interest in the Common
Elements without the consent of the Owner of such Unit. The Association shall have no power
to encumber the Common Elements to secure repayment of borrowed funds without the written
consent of all the Owners.
3.2.14 Subject to the limitations contained in Section 9.3 of these Bylaws, adjust
and settle claims under insurance policies and execute and deliver releases on settlement of such
claims on behalf of all Owners, all holders of Mortgages or other liens on the Units and all
Owners of any other interest in the Condominium.
3.2.15 File all appropriate income tax returns and the Annual Report with the
Oregon Real Estate Agency.
3.2.16 Enforcement by legal means of the provisions of the Act, the Declaration,
these Bylaws and any Association Rules and Regulations adopted hereunder.
3.3 Activities for Profit Prohibited.
Nothing herein contained shall be construed to give the Board authority to conduct an
active business for profit on behalf of all of the Owners or any of them.
3.4 Limitation.
The Board's powers enumerated in these Bylaws shall be limited in that the Board shall
have no authority to. (1) acquire and pay for out of the maintenance fund any stmctural
alterations, capital additions to, or capital improvements of the Common Elements (other than for
purposes of repairing, replacing or restoring pOliions of the Common Elements, subject to all the
provisions of these Bylaws) requiring an expenditure in excess of an amount or amounts,
aggregated for the calendar year in question, exceeding three percent (3%) of the estimated total
budget of the Association for such calendar year, or (2) subject to the provisions of Section 3.2.5,
enter into agreements not to be perforn1ed within two (2) years, except agreements specifically
authorized in these Bylaws, without in each case the plior approval of Owners representing more
than fifty percent (50%) of the votes of the Owners, present in person or by proxy at a duly called
meeting for such purpose at which a quomm is constituted.
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3.5 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 shall hold an
organizational meeting at such place and time as shall have been fixed by the Directors at the
meeting at which the election was held.
3.6 Regular and Special Meetings.
Regular meetings of the Board may be held at such time and place as shall be determined,
from time to time, by a majority of the Directors. Special meetings of the Board may be called
by the President and must be called by the Secretary at the written request of at least one
Director. Notice of any special meeting shall be given to each Director, personally or by mail,
telephone, electronic mail or other generally accepted means of communication 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 Board shall be open to 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 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 Owners of such
meeting; and (b) only emergency meetings of the Board may be conducted by telephonic
communication. Although all meetings ofthe Board of Directors of the Association shall be open
to Unit Owners, in the discretion of the Board the following matters may be considered in
executive session: (i) consultation with legal counsel concerning the rights and duties of the
association regarding existing or potential litigation, or criminal matters; (ii) personnel matters,
including salary negotiations and employee discipline; and (iii) the negotiation of contracts with
third parties. Except in cases of an emergency, the Board of Directors shall vote in an open
meeting whether to meet in executive session. If the Board of Directors votes to meet in
executive session, the presiding officer of the Board of Directors shall state the general nature of
the action to be considered and, as precisely as possible, when and under what circumstances the
deliberations can be disclosed to owners. The meeting and notice requirements hereof may not
be circumvented by chance or social meetings or by any other means.
3.7 Waiver of Notice.
Any Board member may at any time waive notice of any meeting of the Board in writing
and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Board
member at any meeting of the Board shall constitute a waiver of notice of the time and place
thereof, except where a Director attends the meeting for the sole purpose of objecting to the
transaction of any business because the meeting is not lawfully called or convened. If all the
members of the Board are present at any Board meeting, however, no notice to Directors shall be
required and any business may be transacted at such meeting.
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3.8 Quorum and Act of Board.
At all meetings of the Board of Directors, a majority of the members thereof shall
constitute a quomm for the transaction of business, and the votes of a majority of the members of
the Board present at a meeting at which a quomm is present shall constitute the act of the Board.
If at any meeting of the Board there shall be less than a quonllTI present, a majority of those
present may adjourn the meeting from time to time. At any such adjourned meeting at which a
quomm is present, any business which might have been transacted at the meeting originally
called may be transacted without further notice.
3.9 Removal.
At any regular or special meeting of Owners, anyone or more of the Board members may
be removed with or without cause by a majority of the Owners and a successor may then and
there or thereafter be elected 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 be heard at the meeting.
3.10 Resignation.
Any Director may resign at any time by sending a written notice of such resignation to the
office of the Association, addressed to the Secretary. Unless otherwise specified therein, such
resignation shall take effect upon receipt thereof by the Secretary.
3.11 Vacancies.
Vacancies in the Board caused by any reason other than the removal of a member thereof
by a vote of the Owners shall be filled by vote of a majority of the remaining members at a
special meeting of the Board held for that purpose promptly after the occurrence of any such
vacancy, even though the members present at such meeting may constitute less than a quomm.
Each person so elected shall be a member of the Board for the remainder of the term of the
member creating such vacancy and until a successor shall be elected at the next annual meeting
of the Owners.
3.12 Compensation.
No Director shall receive any compensation from the Association for acting as such, but
shall be reimbursed for reasonable out-of-pocket expenses.
3.13 Liability and Indemnification of Directors, Officers, Manager or Managing
Agent.
The Directors and officers shall not be liable to the Association or the Owners for any
mistake of judgment, negligence, or otherwise except for their own willful misconduct or bad
faith. The Association shall indemnify and hold harn1less each Director and officer and the
manager or managing agent on behalf of the Association unless such contract shall have been
made in bad faith or contrary to the provisions of the Declaration or of these Bylaws. Each
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Director and officer and the manager or managing agent, if any, shall be 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 be no indemnity if the Director, officer, manager or managing agent is
adjudged guilty of willful nonfeasance, misfeasance or malfeasance in the performance of their
duties. As to any manager or managing agent this Section shall only be applicable to third party
tort claims up to the amount of the Association's liability insurance coverage and shall not in any
way apply to contractual liability or obligations under the management contract.
3.14 Fidelity Bonds.
The Board 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 a
fidelity bond as the Board deems adequate. The premiums on such bonds shall be paid by the
Association.
3.15 Insurance.
The Board of Directors shall comply with the insurance requirements in Section 9 of
these Bylaws. In addition, the Board, in its discretion, may obtain such other insurance as it
deems necessary to protect the interests of the Association, Board or Owners. Not less frequently
than once every two (2) years, the Board must cause the managing agent to conduct a full
insurance review, estimate the full replacement value of the improvements contained in the
Condominium, and modify the insurance coverage, as needed, if it has been more than twelve
(12) months since the last such review.
3.16 Special Committees.
The Board by resolution may designate one or more special committees, each committee
to consist of two (2) or more Owners which, to the extent provided in said resolution, shall have
and may exercise the powers set forth in said resolution. Such special committee or conunittees
shall have such name or names as may be detern1ined from time to time by the Board. Such
special committees must keep regular minutes of their proceedings and report the same to the
Board when required. The members of such special committee or committees designated shall
be appointed by the Board or the President. The Board or the President may appoint Owners to
fill vacancies on each of said special committees occasioned by death, resignation, removal, or
inability to act for any extended period of time.
4. OFFICERS
4.1 Designation.
The principal officers of the Association shall be the President, Secretary, and Treasurer,
each of whom shall be elected by the Board. The Board of Directors may appoint other officers
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as in its judgment may be desirable. All officers must be Owners, or members of their family,
fiduciaries, beneficiaries or Mortgagees (and in the case of Units owned by corporations or
partnerships, the offices may be held by Directors, officers, shareholders, partners or employees
of such organizations).
4.2 Election.
The officers of the Association shall be elected annually by the Board at the organization
meeting of each new Board of Directors and shall hold office at the pleasure of the Board and
until their successors are elected and qualified. If any office shall become vacant, the Board shall
elect a successor to fill the unexpired tenn at any regular Board meeting, or at any special
meeting of the Board called for such purpose.
4.3 Removal.
Upon the affim1ative vote of a majority of the Board, any officer may be removed, either
with or without cause, and a successor may be elected at any regular Board meeting or at any
special Board meeting called for such purpose.
4.4 President.
The President shall be the chief executive officer of the Association. The President shall
preside at all meetings of the Owners and of the Board and shall have all of the general powers
and duties which are usually incident to the office of the chief executive officer of an association,
including, but not limited to, the power to appoint committees from time to time as may, in the
President's discretion, be appropriate to assist in the conduct of the affairs of the Association.
4.5 Secretary.
The Secretary shall keep minutes of all proceedings of the Board and minutes of all
Association meetings. The Secretary shall attend to the giving and serving of all notices to the
Owners and Directors and other notices required by law. Association records shall be kept by the
Secretary, except for those of the Treasurer. The Secretary shall perform all other duties incident
to the office of secretary of an association and as may be required by the Directors or the
President. In addition, the Secretary shall act as Vice President, taking the place of the President
and perfom1ing such duties whenever the President is absent or unable to act, unless the
Directors have appointed a Vice President.
4.6 Treasurer.
The Treasurer shall be responsible for Association funds and securities and shall be
responsible for supervising the managing agent and causing the same to keep full and accurate
financial records and books of account showing all receipts and disbursements necessary for the
preparation of all required financial statements. The Treasurer shall review the repOlis and
statements provided by the managing agent with respect to the deposit of all funds and other
valuable effects in such depositories as may from time to time be designated by the Board, and
the disbursement of Association funds in accordance with the approved Association budget and
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any special authorizations from the Board for unbudgeted items. The Treasurer shall in general
perform all other duties incident to the office of treasurer of an association and such other duties
as may be assigned by the Board. The Treasurer shall cause all assessments to be deposited in a
separate bank account in the name of the Association and all expenses of the Association to be
paid from that account.
4.7 Execution oflnstruments.
All agreements, contracts, deeds, leases and other instmments of the Association, except
checks, shall be executed by such person or persons as may be designated by general or special
resolution of the Board and, in the absence of any general or special resolution applicable to any
such instmment, then such instmment shall be signed by the President. All checks for less than
Two Thousand Four Hundred Ninety~Nine Dollars ($2,499.00) may be signed by the managing
agent or any duly elected officer of the Association. All checks of Two Thousand Five Hundred
($2,500.00) or more shall require the signatures of at least two (2) authorized signatories.
4.8 Compensation of Officers.
No officer who is a member of the Board, other than the Secretary and Treasurer, shall
receive any compensation from the Association for acting as an officer, unless such
compensation is authorized by a resolution duly adopted by the Owners. The Board may fix any
reasonable compensation to be paid to the Secretary, Treasurer and any officers who are not also
Directors.
5. BUDGET, EXPENSES AND ASSESSMENTS
5.1 Budget.
The Board shall from time to time, but in no event less frequently than once every twelve
(12) months, prepare a budget for the Association, estimate the Common Expenses expected to
be incurred, less any previous over-assessment, and assess the ConmlOn Expenses to each Owner
in the method as set forth below. The budget shall reflect comparable figures for the prior year as
to all items therein. Except as otherwise provided herein, the Board shall advise each Owner in
writing of the amount of Common Expenses payable by that Owner, and furnish copies of each
budget and amended budget on which such Common Expenses are based to all Owners and, if
requested, to their Mortgagees, at least fourteen (14) days prior to the annual meeting of the
Association. Failure to deliver a copy of any budget or amended budget to each Owner shall not
affect the liability of any Owner for any such assessment. Nothing herein contained shall be
constmed as restricting the right of the Board to, at any time, in their sole discretion, levy any
additional assessment in the event that the budget originally adopted shall appear to be
insufficient to pay costs and expenses of operation and management, or in the event of
emergenCIes.
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5.2 Reserve Fund.
5.2.1 Declarant shall establish, in the name of the Association, a Reserve Fund
for major repairs and replacements of Common Elements (including roofs and party walls) of the
Association. As required by ORS 100.175, a Reserve Fund shall be established for the
replacement of any Common Elements, all or part of which will norn1ally require replacement in
more than three (3) and less than thirty (30) years.
5.2.2 The determination of Common Expenses under Section 5.3 will be
calculated on the basis of expected repair and replacement costs and the life expectancy of the
items comprising the Common Elements of the Association such that the amount of the Reserve
Fund is reasonably calculated to provide sufficient funds for major repair and replacement of the
Common Elements of the Association.
5.2.3 The Association will administer the Reserve Fund and the amount of the
payments in the Reserve Fund must be adjusted at least millually to recognize changes in current
replacement costs over time. The Board of Directors of the Association annually must conduct a
reserve study, or review and update an existing study, of the Common Elements to determine the
Reserve Fund requirements. The reserve study must include: (a) identification of all items for
which reserves are to be established; (b) the estimated remaining useful life of each item as of the
date of the reserve study; (c) an estimated cost of maintenance, repair or replacement of each
item at the end of its useful life; and (d) a 30-year plan for the maintenance, repair and
replacement of COnID10n Elements and Association property with regular and adequate
contributions, adjusted by estimated inflation and interest earned on reserves, to meet the
maintenance, repair and replacement schedule. The 30-year plan shall be appropriate for the size
and complexity of the Common Elements and Association Property and address issues that
include but are not limited to warranties and the useful life of the Common Elements and
Association Property. Within 30 days after conducting the reserve study, the Declarant or the
Board of Directors, as applicable, shall provide a wlitten smlli11ary of the reserve study and any
revisions made to the 30-year plan as a result of the reserve study.
5.2.4 From the date of conveyance of the first unit in the Condominium, the
Declarant shall pay Reserve Fund assessments due on all unsold Units. The Declarant shall be
allowed to accme the portion of any assessments for the Reserve Fund until the earlier of (a) the
date the Unit is conveyed, (b) the date of the Turnover Meeting, or (c) the date when the Owners
other than the Declarant assume administrative control of the Association. The Declarant shall
maintain a record of the amount Declarant owes for such accmed Reserve Fund assessments as a
part of the financial books and records of the Association. At the time of closing of the initial
sale of each Unit, the purchaser shall make the initial contribution to the Reserve Fund equal to
two (2) months of Association Reserve Fund assessments for the Unit. In addition, the Declarant
shall pay all accmed assessments for the Reserve Fund, if any. At or prior to the Turnover
Meeting, the Declarant shall transfer the amount of the Reserve Fund to the Association for
deposit in a segregated fund.
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5.2.5 Assessments paid into the Reserve Fund are the property of the
Association and are not refundable to the Owner or Owners of a Unit upon the sale of any Unit
owned by them.
5.2.6 Following the second year after the Turnover Meeting, the Association
may, on an annual basis, elect not to fund the Reserve Fund by unanimous vote of the Owners, or
elect to reduce or increase future assessments for the Reserve Fund by an affirmative vote of at
least 75% of the Owners.
5.2.7 Any funds set up for any of the purposes mentioned in this Section will be
deemed to be a Reserve Fund notwithstanding that may not be so designated by the Board. The
amount of the Reserve Fund must be distributed to the Owners on termination of the
Condominium and the Association.
5.2.8 The Reserve Fund is to be used only for maintenance, repair and
replacement of Common Elements for which reserves have been established and is to be kept
separate from other funds. However, after the Turnover Meeting, the Board may borrow funds
from the Reserve Fund to meet high seasonal demands on the regular operating funds or to meet
other temporary expenses that will later be paid from special assessments or maintenance fees.
5.3 Determination of Common Expenses.
Except as otherwise provided herein, Common Expenses shall include but not be limited
to.
5.3.1 Expenses of administration.
5.3.2 Cost of insurance or bonds obtained in accordance with these Bylaws.
5.3.3 A general operating fund ("Operating Fund").
5.3.4 A Reserve Fund for replacement of General Common Elements as
required by the Oregon Condominium Act and as more fully described in Section 5.2 of these
Bylaws.
5.3.5 Any deficit in Common Expenses for any prior period, and any accmed
interest or late charges thereon.
5.3.6 Utilities for the Common Elements and other utilities not separately
metered or charged.
5.3.7 Expenses, if any, of any services of any person or firm to act on behalf of
the Owners in connection with any matter where the respective interests of the Owners are
deemed by the Board to be similar and non-adverse to each other.
5.3.8 Fees for professional management services.
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5.3.9 Cost of maintenance, repair and replacement of all the Common Elements,
provided that if such repairs, maintenance, or replacement are for the benefit of particular Units
or their Owners, the cost thereof shall be specially assessed against the Owners of such benefited
Units as reasonably and uniformly detennined by the Board.
5.3.10 Any other materials, supplies, labor, services, maintenance, repairs,
alterations or assessments which the Board is required to secure or pay for, pursuant to the tenns
of the Declaration or these Bylaws or that in its opinion are necessary or proper for the
maintenance and operation of the Condominium or for the enforcement of these restrictions, and
which the Board detemlines should be assessed to the Owners under Section 5.3.
5.3.11 The discharge of any lien or encumbrance against the Common Elements,
as opposed to a particular Owner's Unit. Where one or more Owners are responsible for the
existence of such lien or encumbrance, they shall be jointly and severally liable for the cost of
discharging it, which cost shall be specifically assessed to the responsible Owners.
5.3.12 Any other items properly chargeable as an expense of the Association.
5.3.13 Maintenance and repair of any Unit if the Board of Directors determines
that the Owner of a Unit has failed or refused to perform such maintenance or repair in
accordance with Section 16.2 of the Declaration within a reasonable time after written notice of
the necessity of such maintenance or repair delivered by the Board of Directors to such Owner,
provided that the Board of Directors may levy a special assessment against such Owner for the
cost of such maintenance or repair.
5.4 Assessment of Common Expenses.
All Owners shall be obliged to pay on a monthly basis in advance Common Expenses
assessed to them by the Board of Directors on behalf of the Association pursuant to these Bylaws
and the Declaration, including amounts applicable to the Reserve Fund described in Section 5.2
of these Bylaws. Assessments may not be waived due to limited use or nonuse of Common
Elements and no Owner may claim an offset against assessments for failure of the Board of
Directors to perfoffil its obligations. The Declarant shall be assessed as the Owner of any unsold
Unit from the date of conveyance of the first Unit. The Declarant's assessment obligations shall
be prorated to the date of sale of each Unit. Assessments shall commence in accordance with
Section 5.2.4 and 5.5 of these Bylaws. At the time of closing of the initial sale of each Unit, the
purchaser shall make the contribution described in Section 5.5 to the Operating Fund. The Board
of Directors, on behalf of the Association, shall assess the Common Expenses against the Owners
from time to time, and at least annually, and shall take prompt action to collect from an Owner
any Common Expense due which remains unpaid by him for more than thirty (30) days from the
due date for its payment (except as provided above for the Declarant).
5.5 Operating Fund.
The Declarant shall establish in the name of the Association an Operating Fund for the
Association. At the time of closing of the initial sale of each Unit, the purchaser shall make an
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initial contribution to the Operating Fund equal to two (2) months of Association assessments for
the Unit. As provided in the Act, the Declarant may elect to defer commencement of all or part
of the Cormnon Expense assessments for the Operating Fund as to all Units and pay the Common
Expenses directly as they accme to the Condominium until the date of the Turnover Meeting or
ten (10) days after notice from the Declarant that assessments will commence, whichever is first
to occur. During the period of administrative control described in Section 22 of the Declaration,
the Declarant shall not use any funds contained in the Operating Fund to defray the Declarant's
expenses, contributions to reserves, or constmction costs, or to compensate for any deficits in the
operating budget of the Condominium.
5.6 Contingency Fund.
The Board may also build up and maintain a reasonable reserve for contingencies and
replacements not covered by subparagraph 5.4.2 above. Extraordinary expenditures not
originally included in the annual estimate which may become necessary during the year may be
charged against such reserve. If the estimated cash requirement proves inadequate for any
reason, including non-payment of any Owner's assessment, the Board may at any time levy a
further assessment of common expenses. The Board shall serve notice of such further
assessment on all Owners by a statement in writing giving the amount and reasons therefore, and
such further assessments shall be effective with the first quarterly assessment of Common
expenses which is due more than ten (10) days after the delivery or mailing of such notice of
further assessment.
5.7 Special AssessmeQts.
The expense of any action by the Association to enforce and fulfill the requirements of
these Bylaws or the Declaration with respect to any Unit and its associated Limited Common
Elements shall be charged to said Owner as a special assessment. Any such special assessment
shall be a lien against the Owner's Unit with the same force and effect as if the charge were a
part of the ordinary assessments of Common Expenses attributable to the Owner's Unit.
5.8 Statement of Common Expenses.
In accordance with ORS 100.480(4), the Board must within ten (10) days of an Owner's
written request provide any Owner a written statement of that Owner's due and unpaid
assessments as of the time the request was received including but not limited to (i) regular and
special assessments, (ii) fines and other charges, (iii) accmed interest and the method used to
calculate it, and (iv) late payment charges and the method used to calculate it. The Association
need not provide such a statement if the Association has commenced litigation by filing a
complaint against the Owner and the litigation is pending when the statement would otherwise be
due.
5.9 Default in Payment of Common Expenses.
5.9.1 In the event of delinquency or default by any Owner in paying to the
Association the assessed Common Expenses (including but not limited to reserve assessments or
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any special assessments), such Owner will be obligated to pay interest on such Common
Expenses from the due date thereof, at the rate of eighteen percent (18%) per annum or the
maximum legal rate of interest pennitted by Oregon law, whichever is less, together with all
expenses, including attorneys' fees, whether or not legal proceedings are commenced and both at
trial and on appeal incurred by the Association in collecting such unpaid expenses together with
all expenses, including attorneys' fees, incurred by the Association in any proceeding brought to
collect such unpaid expenses, no interest or late charges will be assessed on delinquent Common
Expenses paid within fifteen (15) days after the due date thereof.
5.9.2 The Board may also establish and impose charges for late payments of
assessments, attorney fees for collection of assessments and, after giving notice and an
opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and
Rules and Regulations, provided that any such charge or fine is based on a schedule set forth in
resolution adopted by the Board or the Association that is delivered to each Unit or mailed to
each owner and the address designated by each owner for the receipt of any notice with respect to
the Condominium.
5.9.3 The Board has the right and duty to recover for the Association such
Common Expenses, together with interest thereon, late charges, if any, and expenses of the
proceeding, including attorneys' fees, by an action brought against such Owner or by foreclosure
of the lien upon the Unit granted by the Act. The Board must notify the holder of any first
mortgage upon a Unit of any default not cured within thirty (30) days of the date of notice of
default.
5.10 Delinquent Assessment Deposit.
5.1 0.1 An Owner may be required by the Board, from time to time, to make and
maintain a deposit of not less than one (1) month's nor in excess of three (3) months' estimated
monthly assessments and charges, which may be collected in the same maImer as other
assessments and charges. Such deposit shall be held in a separate fund, be credited to the Unit
owned by such Owner, and be for the purpose of establishing a reserve for delinquent
assessments.
5.10.2 Resort may be had against the deposit at any time when such owner is ten
(10) days or more delinquent in paying his monthly or other assessments and charges. Such
deposits shall not be considered as advance payments of regular assessments. In the event the
Board should draw upon such deposit as a result of an Owner's delinquency in payment of any
assessments, such Owner shall continue to be responsible for the immediate and full payment of
such delinquent assessment (and all penalties and costs related thereto) and thus the full
restoration of such deposit, and the Board shall continue to have all of the rights and remedies for
enforcing such assessment payment and deposit restoration as provided by this Declaration and
by law.
5.10.3 Upon the sale of a Unit, the Seller/Owner thereof shall not be entitled to a
refund from the Association of any deposit or reserve account made or maintained with respect to
such Unit pursuant to this or any other Section of this Declaration; rather, any such deposit or
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reserve account shall continue to be held by the Association for the credit of such Unit, the Unit
purchaser shall succeed to the benefit thereof, and the Unit seller shall be responsible for
obtaining from the purchaser appropriate compensation therefor.
5.11 Acceleration of Assessments.
In. the event any monthly assessment attIibutable to a particular Unit remains delinquent
for more than sixty (60) days, the Board may, upon fifteen (15) days written notice to the Owner
of such Unit, accelerate and demand immediate payment of all, or such portion as the Board
determines, of the monthly assessments and other charges which the Board reasonably
detennines will become due during the next succeeding twelve (12) months with respect to each
Unit.
5.12 Foreclosure of Liens for Unpaid Common Expenses.
In any action brought by the Association to foreclose a lien on a Unit because of unpaid
Common Expenses, the Owner shall be required to pay a reasonable rental for the use of the Unit
during the pendency of the suit, and the plaintiff in sllch foreclosure suit shall be entitled to the
appointment of a receiver to collect sllch rental. The Board, 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. An action to
recover a money judgment for unpaid common expenses shall be maintainable without
foreclosing any lien securing the same. The remedies provided herein are cumulative, and the
Association may pursue any of them, as well as any other remedies which may be available under
law, although not expressed herein.
5.13 Lien Priority.
Any lien of the Association against a Unit for Common Expenses shall have the priority
provided in the Act in relation to other tax and assessment liens, and any prior Mortgage or Trust
Deed of record.
5.14 First Mortgages; Liability of Subsequent Owner.
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, unless there has been compliance with
all requirements of Section 100.450(7) of the Act. 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
offorec 1 osure, such purchaser or Mortgagee and his successors and assigns sha II 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 except to the extent provided in Section
100.475(2) of the Act; provided, in the case of a deed in lieu of foreclosure, that the Mortgagee
complies with the requirements of Section 100.465(1) of the Act; and provided further, that any
sale or transfer of a Unit pursuant to a foreclosure shall not relieve the purchaser or transferee of
such Unit from liability for, nor sllch Unit from the lien of, any common expenses thereafter
becoming due. In a voluntary conveyance of a Unit, the grantee shall be jointly and severally
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liable with the grantor for all unpaid assessments against the grantor of the Unit to the time of
grant of conveyance, without prejudice to the grantee's right to recover from the grantor the
amounts paid by the grantee therefor. However, upon request of a prospective purchaser, the
Board of Directors shall make and deliver a statement of the unpaid assessments against the
prospective grantor of the Unit, and the grantee in such case shall not be liable for, nor shall the
Unit when conveyed be subject to, a lien filed thereafter for any unpaid assessments against the
grantor in excess of the amounts therein set forth.
5.15 Liability of Owners.
An Owner shall be liable for the expenses of any Common Element maintenance, repair
or replacement rendered necessary by that Owner's act, neglect or carelessness or by that of any
member of the Owner's family, or the Owner's guests, employees, invitees, agents or lessees, but
only to the extent that such expense is not met by the proceeds of insurance carried by the
Association. Nothing herein contained, however, shall be constmed so as to modify any waiver
by insurance companies of rights of subrogation. The expense of any maintenance, repair or
replacement required, as provided herein, shall be charged to said Owner as a specific item,
which shall be a lien against such Owner's Unit with the same force and effect as if the charge
was a part of the nom1al Common Expenses attributable to such Owner's Unit.
5.16 Violation by Owners; Remedies.
Subject to any limitations contained in the Declaration, the violation of any mle or
regulation adopted by the Board, or the breach of any covenant or provision contained in the
Declaration or the Bylaws shall give the Board the rights set forth in the Declaration and the
right: (i) to enter upon that part of the Condominium where such violation or breach exists and
summarily abate and remove, at the expense of the defaulting Owner, any stmcture, thing or
condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and
the Board or its agents shall not thereby be deemed guilty in any manner of trespass and (ii) to
enjoin, abate or remedy by appropriate legal proceedings the continuance of any breach. All
expenses of the Board in cOlmection with such violation and such action or proceedings,
including engineering, architectural and other professional fees and costs, court costs and
attomeys' fees and any other fees and expenses, and all damages, liquidated or otherwise,
together with interest thereon until paid at the rate provided in Section 5.10 of these Bylaws,
shall be charged to and assessed against such defaulting Owner and shall be added to and deemed
part of that Owner's respective share of the Common Expenses. The Board shall have a lien for
all of the same upon the Unit of such defaulting Owner and upon all of his additions and
improvements thereto and upon all personal prope11y in that Owner's Unit or located elsewhere
in the Condominium. Any and all of such rights and remedies may be exercised at any time and
from time to time, cumulatively or otherwise, by the Board. Any violations by an Owner of the
Declaration, Bylaws, or Association Rules that are deemed by the Board to be a hazard to public
health or safety may be con-ected immediately as an emergency matter by the Association, and
the cost thereof shall be charged to the offending Owner as a specific item, which shall be a lien
against the offending Owner's Unit with the same force and effect as if the charge was a part of
the normal Common Expenses attributable to such Unit. Any violation or breach by an Owner's
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tenant, occupant, agent, invitee, licensee or employee shall be deemed a violation or breach of
the owner.
5.17 No Waiver.
The failure of the Association or of an Owner to enforce any right, provisions, covenant
or condition, which may be granted by any of the provisions of the Declaration, the Bylaws, or
any Association Rules, shall not constitute a waiver of the right of the Association or Owner to
enforce such right, provision, covenant or condition in the future. The receipt by the Board of
payment of any assessment from an Owner, with knowledge of any such violation or breach,
shall not be deemed a waiver of such violation or breach; and no waiver by the Board or any
provision hereof shall be deemed to have been made unless expressed in writing and signed by
the Board. This Section also extends to the Declarant or Declarant's managing agent exercising
the power of the Board dming the initial period of operation of the Association and the
Condominium.
6. RECORDS AND AUDITS
6.1 General Records.
The Board and managing agent shall keep detailed records of the actions of the Board and
managing agent and minutes of Board and Association meetings. The Board shall maintain a list
of Owners entitled to vote at Association meetings and a list of all Mortgagees of Units. The
Board shall maintain, at the office of the Association, a copy suitable for duplication of the
following: the Declaration, the Bylaws, any Rules and Regulations and any amendments thereto,
the most recent annual financial statement of the Association, the current operating budget of the
Association, and any other documents required by the Act to be so maintained. Such documents
shall be made reasonably available for inspection and duplication by Owners, Mortgagees, and
prospective purchasers of Units upon written request therefrom. All Association documents and
records shall be maintained within the State of Oregon at all times.
6.2 Records of Receipts and Expenditures.
The Board or its designee shall keep detailed, accurate records in chronological order of
receipts and expenditures affecting the Common Elements, itemizing maintenance and repair
expenses of the Common Elements and any other expenses incurred. Such records and the
budgets authorizing the payments shall be available for examination by the Owners and
Mortgagees during nOffi1al business hours.
6.3 Assessment Roll.
The assessment roll shall be maintained in a set of accounting books in which there shall
be an account for each Unit. Such account shall designate the name and address of the Owner or
Owners of each Unit, the amount of each assessment against each Owner, the dates and amounts
in which the assessment comes due, the amounts paid upon each Owner's account and each
Owner's balance due on the assessments.
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6.4 Common Expense Payment Records.
Subject to the signature requirements set forth in Section 4.7, the managing agent shall
pay all budgeted Common Expenses without further authorization by the Association. Any
unbudgeted Common Expenses shall require the President's signature on a written authorization
voucher to the managing agent before payment of the same by the managing agent. Unless
requested more frequently, the managing agent shall be required to provide quarterly reports of
the payments made by it on behalf of the Association.
6.5 Annual Reports and Audits.
An annual financial statement of the Association, consisting of at least a balance sheet
and income and expense statement for the preceding fiscal year, shall be rendered by the Board
and delivered to all Owners and to all Mortgagees of Units who have requested the same, within
ninety (90) days after the end of each fiscal year. The Treasurer of the Association shall file
required state and federal tax returns based upon the arumal financial statements. An Almual
Report shall be filed each year with the Oregon Real Estate Agency as required under
ORS 100.415(13), 100.250(b) and 100.260(2). At any time any Owner or Mortgagee may, at
their own expense, cause an audit or inspection to be made of the books and records of the
Association.
6.6 Notice of Sale, Mortgage, Rental or Lease.
Immediately upon the closing of any sale, mortgage, rental or lease of any Unit, the
Owner shall promptly inform the Secretary or managing agent of the name and address of the
purchaser, mortgagee, lessee, or tenant. The foregoing notification requirement is in addition to
that set forth in Section 1.7 of the Declaration regarding notification to the Board of any
contemplated sale or lease of a Unit.
7. OCCUPATION AND USE
7.1 Generally.
.
The Condominium is intended solely for residential use. The Units may be used only in a
manner appropriate to maintain the Condominium's status as a residential condominium on an
ownership, rental, or lease basis, and for social, recreational, or other reasonable purposes
normally incidental to residential use. Units may be used for accessory home businesses subject
to Board approval of the business as compatible with the residential character of the
Condominium, such approval to not be unreasonably withheld, conditioned or delayed. The Unit
Owner must also satisfy any local govenunental requirements for, or restrictions upon, an
accessory home business use of their Unit. Units may be used for operating the Association and
for management of the Condominium. Units may only be leased in accordance with and to the
extent allowed by Section 7.2 of the Bylaws.
7.2 Leasing or Renting of Units.
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7.2.1 No Unit may be rented or leased for transient or motel or hotel lodging
purposes which is defined as occupancy that has any of the following characteristics:
(a) occupancy is charged on a daily, weekly or other less than monthly periodic basis except for
Occasional Vacation Rentals pe1ll1itted hereunder; (b) any service nonnally offered by hotels or
motels, including but not limited to, regular maid and linen service, a front desk located within or
without the Condominium, telephone switchboard service or other telephone service which is
part of a system serving more than one Unit or is networked with other Units or lodging facilities
within or without the Condominium; and (c) occupancy is available through a third party
property management agent or other person who is responsible for reservation arrangements and
other duties relating to the renting or leasing of a Unit or by any other means that constitutes an
invitation to the general public to seek occupancy for lodging that has any characteristics
specified in (a) and (b) of this Section.
7.2.2 For purposes of these Bylaws, the term "leasing" or "renting" a Unit
means the granting of a right to use or occupy a Unit, for a specified term (including any renewal
or extension options not to exceed twenty (20) years) or an indefinite te1ll1 (with rent reserved on
a periodic basis), in exchange for the payment of rent (that is, money, property or other goods or
services of value), but does not mean or include joint ownership of a Unit by means of joint
tenancy, tenancy-in-common or other fonn of co-ownership.
7.2.3 No Unit may be rented or leased for less than thirty (30) consecutive days
except for occasional vacation rentals by an Owner ("Occasional Vacation Rentals"). Nothing in
this subsection is intended to prohibit an Owner from occasionally renting such Owner's Unit
provided such rental is not: (a) for transient or motel or hotel lodging in violation of this Section,
or (b) part of a continuing pattern of business operation. The Board may, by resolution, adopt
reasonable mles to govelll Occasional Vacation Rentals.
7.2.4 No Unit may be rented or leased for a term of more than thirty (30)
consecutive days if such rental or lease results in more than thirty percent (30%) of the Units,
excluding Occasional Vacation Rentals, ("Rental-Lease Ratio") being occupied by non-Owners.
No reduction of the Rental-Lease Ratio may affect any rights of any occupant of a Unit under an
existing lease or rental agreement. Except for lease renewal or sublease, an Owner must apply to
the Board for permission in accordance with this Section 7 prior to renting or leasing his or her
Unit for other than for a pern1itted Occasional Vacation Rental. The Rental-Lease Ratio leasing
restriction shall not apply to any Units owned by the Declarant. That is, the Declarant may rent
or lease any number of the Units owned by Declarant at any time, without applying to the Board
for pennission and without the need to comply with the Rental-Lease Ratio. Until such time as
the Declarant no longer owns any Units, the Board shall not consider any of the Units owned by
Declarant in detel111ining the Rental-Lease Ratio. The Rental-Lease Ratio leasing restriction
shall not apply to any Units owned by any Owner who took title to its Unit pursuant to a deed in
lieu of foreclosure or by an actual foreclosure sale ("Owner by Foreclosure"). That is, an Owner
by Foreclosure may rent or lease any number of the Units owned by such Owner by Foreclosure
at any time, without applying to the Board for pennission and without the need to comply with
the Rental-Lease Ratio. The Board shall not consider any of the Units owned by the Owner by
Foreclosure in determining the Rental-Lease Ratio.
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7.2.5 Except as provided in this subsection, no trade, craft, business, profession,
commercial or similar activities of any kind may be conducted in any Unit or in any other pOliion
of the Condominium without the written consent of the Board, pursuant to mles and regulations
adopted consistent with the provisions of this Section. Nothing in this Section may be constmed
so as to prevent or prohibit: (a) subject to this Section 7.2, activities relating to the rental, lease
or sale of Units; (b) an Owner from maintaining his or her professional personal library, keeping
his or her personal business or professional records or accounts, handling his or her personal
business or professional telephone calls, or conferring with business or professional associates,
clients, or customers, in such Owner's Unit; or (c) use ofa Unit as a "home office."
7.2.6 If any tenant or occupant of a Unit violates or permits the violation by his
guests and invitees of any provisions hereof or of the Bylaws or of the Rules and Regulations,
and the Board determines that such violations have been repeated and that a prior notice to cease
has been given, the Board may give notice to the tenant or occupant of the Unit to forthwith
cease such violations; and if the violation is thereafter repeated, the Board will have the
authority, on behalf of and at the expense of the Owner, to evict the tenant or occupant. The
Board will have no liability to an Owner or tenant for any eviction made in good faith. The
Association will have a lien against the Owner's Unit for any costs for any costs incurred by it in
connection with such eviction, including reasonable attorney's fees, which may be collected and
foreclosed by the Association in the same manner as assessments are collected and foreclosed
under Section 5. As used herein, the tenn "lease" includes any lease, rental agreement or other
occupancy arrangement, however denominated. Other than as stated in this Section, there is no
restriction on the right of any Owner to lease or otherwise rent his Unit.
7.2.7 Application for Permission to Lease or Rent Procedure.
7.2.7.1 Except as otherwise expressly provided herein and subject to
Section 7.2.1 and 7.2.4 prior to renting or leasing his or her Unit for other than
Occasional Vacation Rental pemlitted hereunder or, an Owner (other than the Declarant
or an Owner by Foreclosure) must apply to the Board for pemlission.
7.2.7.2 Applications for permission to rent or lease for other than
Occasional Vacation Rental will be reviewed and approved or denied by the Board as
provided in this Section.
7.2.7.3 The Board will review applications for pernlission to rent or lease
in chronological order based on the date of receipt. Within five (5) business days of
receipt, the Board will approve an application unless such approval would cause more
Units to be rented or leased than is penllitted under the Rental-Lease Ratio; however, the
Board may not approve an application if at the time of review of the application the
approval would result in permitting the Owner to rent or lease more Units than any other
Owner who has submitted an application until the applications of such other Owner has
been approved. The Board must notify an Owner within five (5) business days of receipt
of an application if pernlission is not given and the reason for the denial.
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7.2.7.4 If an application is denied, the Board must place the Owner on a
waiting list according to the date the application was received so that the Owner whose
application was earliest received will have first opportunity to rent or lease when the
number of Units rented or leased falls below the Rental-Lease Ratio threshold; however,
an Owner who is cunently renting or leasing a Unit must be placed on the waiting list
after Owners who are not cunently renting or leasing a Unit and after any Owner who is
cun-entlY renting or leasing fewer Units than the applicant.
7.2.7.5 Once the Rental-Lease Ratio threshold has been reached (such
threshold not to include any Units owned and/or leased by the Declarant or an Owner by
Foreclosure), any time the number of Units rented or leased falls below such threshold,
the Board will notify the Owner who is first on the waiting list that Owner's application
will be approved unless Owner requests in writing that Owner's application be
withdrawn.
7.2.7.6 All Owners of Units must provide the Board with a Statement of
Unit Occupancy Information which must be kept on file with the books and records of the
Association so that the Association may detem1ine the percentage of Units rented or
leased. The Statement of Unit Occupancy Infom1ation must be kept cun-ent by the
Owner, be on a form prescribed by resolution of the Board, and contain a statement of
whether or not the Unit is occupied by the Owner and if not, the following information:
(i) the name of the renter, lessee or sublessee; and (ii) the term of the rental, lease or
sublease.
7.2.7.7 If an Owner, other than the Declarant or an Owner by
Foreclosure, fails to submit the application required under this subsection and rents or
leases his or her Unit, or rents or leases his or her Unit after the Board has denied a
properly submitted application due to the then cun-ent Rental-Lease Ratio, the Board may
assess fines against the Owner and the Owner's Unit after notice and an opportunity to be
heard, and may seek other available legal remedies, including but not limited to, a request
to the appropriate court for mandatory removal of the tenant or lessee from the Unit. All
remedies of the Association are cumulative. Any and all costs of such enforcement
action, together with attomey fees at trial or on any appeal, may be assessed against the
Unit pursuant to Section 5.
7.2.7.8 The Board may adopt mles prescribing the form of the
application and waiting list required by this subsection and such other rules as it
detennines necessary to implement the requirements of this Section.
7.2.8 Rental and Lease Agreements for Other than Occasional Vacation Rental;
Compliance with Declaration and Bylaws. Except for Occasional Vacation Rentals pennitted
hereunder, all agreements for the rental or lease (including sublease) of Units and all Owners,
renters, lessees and sublessees of Units must comply with this Section.
7.2.8.1 All rentals and leases, including subleases, of Units must be by
written agreement which provides that the tem1S of the agreement are subject in all
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respects to the provisions of the Declaration, these Bylaws, Association Rules, and the
Condominium Act and that any failure by the tenant, lessee or sublessee to comply with
the tenns of such documents or Condominium Act is a default under the agreement.
7.2.8.2 The Owner must provide the tenant or lessee (including
sublessee) of the Unit a copy of this Declaration, the Bylaws, including any relevant
amendments to such documents, and all Association Rules and in effect during the period
of such rental or lease and obtain a receipt for delivery of such documents.
7.2.8.3 Upon the commencement of the rental or lease period (including
any renewal or sublease), the Owner must provide the Association a statement of Unit
occupancy infomlation and a copy of the receipt specified in paragraph (b) of this
Section. If the Owner fails to provide such receipt, the Association must provide such
documents to the tenant, lessee or sublessee. The Association must obtain a receipt
therefor, and may charge the copy expenses to the Owner as part of the Owner's
assessments imposed under Article 5.
7.2.8.4 If the Board detemlines that a tenant, lessee or sublessee of a
Unit has violated any provisions of this Declaration, the Bylaws, the Rules and
Regulations, or the Condominium Act, in addition to any other remedies available to the
Association, the Board may require that the Owner tenninate such rental or lease
agreement, or Owner's lessee temlinate any sublease. .
7.2.8.5 An Owner is responsible for paying for any damage to the
Common Elements caused by his or her guests, tenants or lessees (including sub lessees)
and for any fines imposed by the Board for any violations of this Declaration, the Bylaws
or the Association Rules.
7.3 Sales Facilities of Declarant.
Notwithstanding any provision in Section 7.1, Declarant, its agents, employees, and
contractors shall be pemlitted to maintain, during the period of sale and constmction of the
Condominium Units, upon such portion of the Condominium as Declarant may own and upon
the Common Elements, such facilities as in the sole opinion of Declarant may be reasonably
required, convenient, or incidental to the constmction, sale, or rental of Condominium Units and
interests, including, but not limited to, a business office, storage area, signs, modeled units, sales
office, constmction office, and parking areas for all prospective tenants or purchasers of
Declarant. The special Declarant rights set forth in the Declaration shall be controlling over any
conflicting restrictions in these Bylaws.
7.4 Effect on Insurance.
Nothing shall be done or kept in or on the Common Elements which will increase the rate
of insurance on the Common Elements without the prior written consent of the Board. No
Owner or Purchaser shall pemlit anything to be done or kept in or on the Common Elements
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which will result in the cancellation of insurance on the Common Elements or which would be in
violation of the law.
7.5 Offensive or Unlawful Activities.
No noxious or offensive activities shall be carried on upon the Condominium, Unit,
Common Area, or any part thereof, nor shall anything be done or placed in, on or under any part
of the Condominium or any Unit which unreasonably interferes with or jeopardizes the
enjoyment of the Condominium, or which is a source of unreasonable annoyance to residents.
No unlawful use shall be made of the Condominium or any part thereof, and all laws, zoning
ordinances, regulations or any other Legal Requirement (as defined in the Declaration) of all
governmental authorities having jurisdiction thereof shall be strictly complied with.
Constmction of buildings and improvements by Declarant that are part of or are scheduled to
become a part of the Condominium shall not violate this Section. Compliance with any Legal
Requirements shall be accomplished by and at the sole expense of the Owner or Association, as
the case may be, whichever shall have the obligation to maintain and repair the portion of the
condominium affected by any such Legal Requirement. Each Owner shall give prompt notice to
the Board of Directors of any written notice received of the violation of any Legal Requirement
affecting the Owner's Unit or the Condominium. Notwithstanding the foregoing provisions, an
Owner may, at his expense, defer compliance with and contest, by appropriate proceedings
prosecuted diligently and in good faith, the validity or applicability of any Legal Requirement
affecting any portion of the Condominium which such Owner is obligated to maintain and repair,
and the Board of Directors shall cooperate with such Owner in such proceedings, provided that:
7.5.1 Such Owner shall pay and shall defend, save harmless, and indemnify the
Board, the Association, and each other Owner against all liability, loss or damage which any of
them respectively shall suffer by reason of such contest and any noncompliance with such Legal
Requirement, including attorneys' fees and other expenses incurred;
7.5.2 Such Owner shall keep the Board advised as to the status of such
proceedings; and
7.5.3 If any Owner conducts any actiVIty or fails to comply with any Legal
Requirement that increases the insurance premiums on insurance carried by the Association, or
for which the Association is directly or indirectly responsible, such Owner shall pay such
increased premium to the Association, upon demand, and if not so paid, such amount shall bear
interest after the date of such demand at the rate provided in Section 5.10.
7.6 Contested Legal Requirements.
An Owner need not comply with any Legal Requirement so long as the Owner is
contesting the validity or applicability thereof as provided in Section 7.5, provided that
noncompliance shall not create a dangerous condition or constitute a crime or an offense
punishable by fine or imprisonment, and that no pad of the Condominium shall be subject to
being condemned or vacated by reason of noncomp liance or otherwise by reason of such contest.
The Board may also contest any Legal Requirement without being subject to the conditions
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described in Section 7.5 as to contest and may also defer compliance with any Legal
Requirement, subject to the conditions contained in this Section 7.6 as to deferral of compliance
by an Owner, and the costs and expenses of any contest by the Board shall be a Common
Expense.
7.7 Parking.
Watercraft, trailers and recreational vehicles may be parked on General Common
Elements only while being prepared for travel, limited to forty-eight (48) hours prior to leaving
and forty-eight (48) hours after retum to the Condominium. Subject to the preceding sentence,
parking of boats, watercraft, trailers, recreational vehicles, tmcks, campers, motorcycles, similar
equipment and anything being in excess of three-quarters of a ton in weight shall not be allowed
on Common Elements or inside of the garage pOliion of a Unit. No parking of any kind is
allowed on the asphalt drive lane, except for in the designated parking stalls.
7.8 Vehicles.
No Owner shall pem1it any vehicle that is in an extreme state of disrepair to be
abandoned or to remain parked upon any part of the Condominium for a period in excess of
forty-eight (48) hours. A vehicle shall be deemed in an "extreme state of disrepair" when the
board reasonably detem1ines that its presence offends the residents of the Condominium. Should
any Owner fail to remove such vehicle within two (2) days following the date on which notice is
mailed to such Owner by the Board, the Board may have the vehicles removed form the
Condominium and charge the expense of such removal to the Owner. No on-street vehicle
maintenance or repair involving motor oils, fuels, or other lubricants or solvents shall be
pem1itted anywhere on the Condominium. On-site vehicle washing shall be pem1itted only in
paved areas that discharge all waste to a water quality treatment facility.
7.9 Pets.
Up to three (3) domesticated animals, birds, fish and reptiles (herein referred to as "pets")
may be kept in the Units subject to Rules and Regulations. Dogs will not be allowed on the
Common Elements unless they are being catTied or are held on a leash. The Board may at any
time require the removal of any pet that the Board reasonably detem1ines is dangerous,
umeasonably disturbing other Owners, repeatedly soiling or causing damage to the Common
Elements, or not being kept in accordance with Rules and Regulations. The Board may exercise
this authority with respect to specific pets on a case by case basis. At all times, the Common
Elements shall be free from pet debris, including food and fecal matter. Each Owner shall be
responsible for any damage to the Common Elements caused by a pet kept in his or her Unit or
by any guest or invitee of such Owner to the extent not covered by property insurance maintained
by the Association.
7.10 Protection of Wildlife.
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Feeding or harassing of wildlife anywhere on the Condominium shall be prohibited. Bird
feeders may be used, subject to the Rules and Regulations of the Association, but only sterile bird
seed may be used.
7.11 Rubbish and Trash.
No Unit or any part of the Common Elements (including the decks included in the
Limited Common Elements) shall be used as a dump for trash or mbbish of any kind. All
garbage and other debris and waste shall be kept in appropriate sanitary containers for proper
disposal and out of public view. In the event an Owner or occupant fails to remove any trash,
mbbish, garbage, or other debris or waste materials from such Owner's or occupant's Unit (or
form the street or other Common Elements if deposited thereon by such Owner or occupant)
within five (5) days after notice foml the Association, the Association may have such waste
removed and charge the expense of such removal to the Owner of the Unit as provided in Section
5.3.12. Customary constmction activities by Declarant that relate to development and
constmction of the condominium or buildings and improvements which are scheduled to be part
of the condominium shall not violate this Section.
7.12 Signs.
No sign of any kind shall be displayed to the public on or from any Unit, Limited
Common Element or General Common Element without the prior written consent of the Board.
This Section shall not apply to the Declarant who may post such signs on the Property as
Declarant deems necessary or appropriate for the sale of Units in the Condominium as long as the
Declarant has a Unit for sale.
7.13 Temporary Structures.
No stmcture of a temporary character, trailer, tent, shack, garage, barn, or other
outbuilding shall be pemlitted or used in the Condominium at any time as a residence either
temporarily or permanently.
7.14 Association Rules and Regulations.
The Board is empowered to pass, amend or revoke detailed administrative mles and
regulations necessary or convenient from time to time to insure compliance with the general
guidelines of this Section and the other provisions of these Bylaws. Such Rules and Regulations
shall be binding upon all Owners upon adoption by the Board. In the event of any conflict
between the Bylaws or the Declaration, and the Rules and Regulations, the Declaration or
Bylaws shall prevail. Rules and Regulations shall not be effective until provided to the Owners
in writing and one or more may be revoked by a majority vote of the Owners at an Owners
meeting.
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8. MAINTENANCE OF CONDOMINIUM PROPERTY AND RELATED MATTERS
8.1 Maintenance and Repair.
Except as otherwise provided herein for damage or destmction caused by casualty, the
Condominium shall be maintained, repaired and/or replaced, as follows:
8.1.1 Units.
All repairs, maintenance and replacement of, any Unit shall be made by and at the
sole expense of the Owner of such Unit, who shall keep the same in good order, condition and
repair, except for repair, maintenance and replacement of the roofs and party walls in each
building, which shall be perfonned by the Association and shall be specially assessed against the
Owner(s) of a Unit in each building. Without limitation of the foregoing, each Owner shall be
responsible for repairing and replacing any automatic garage door opener or similar device
installed for the garage door of that Owner's Unit, regardless of whether such items are Common
Elements. An Owner shall make no repair, replacement, maintenance, alteration or perfonn any
other work on his/her Unit that would jeopardize the soundness or safety of the Condominium or
reduce the value or impair any easement or other right of any Owner, unless the written consent
of all Owners affected is also obtained.
8.1.2 Common Elements.
All maintenance, repairs and replacements to the Common Elements shall be
made by the Association and shall be charged to all the Owners as a Common Expense. The
Board shall be solely responsible for detem1ining the appropriate maintenance schedule for the
Common Elements and all other items for which the Board is responsible for maintaining in this
Declaration or the Bylaws. Without limitation of the foregoing, the Association shall be
responsible for the painting, staining, repair and replacement of the exterior surfaces of all Units
(inc 1 uding the repair and replacement of roofs, gutters, vinyl siding, exterior doors and garage
doors); cleaning of the extelior surfaces of all window and door glass; the repair and resurfacing
of all streets, driveways, and walkways; and the cutting, pnming, trimming, and watering of all
landscaping. If the MOligagee of any Unit detennines that the Board 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 registered agent of the Association, as
required pursuant to Section 100.550 of the Act, setting forth the particular defect(s) which it
believes exists in the maintenance, repair, and replacement program. If the specified defect(s) are
not corrected within sixty (60) days after receipt of such notice, then the Mortgagee, upon written
notice to the registered agent that it is exercising its proxy rights thereunder, 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, which proxy
rights shall continue until the defect(s) described in the notice are corrected. All work will be
specially assessed to the benefited Units if the work pertains to less than all of the Units in the
Condominium. For example, if the roof of a single Building needs repair, then the cost will be
specially assessed only to the Unit Owners of the affected Building. Any such special assessment
to the benefited Units shall be as reasonably and unifonnly detennined by the Board.
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8.1.3 Repairs by Association.
The Association may make repairs, replacements and maintenance that an Owner
is obligated to make and that such Owner does not make within a reasonable time. The
Association shall indemnify its agents, employees and other representatives from any and all
liability to any Owner inclmed by reason of any reasonable exercise of the right of entry afforded
in the Declaration or Bylaws to effect emergency repairs. The Association shall have no liability
to an Owner for any use of its right of entry or right to make emergency repairs if the Association
has reasonable cause to believe that such action is required. Each Owner shall be deemed to
have consented to having sllch repairs done to such Owner's Unit by the Association. An Owner
will be specially assessed and must reimburse the Association for all such repair, replacement
and maintenance costs except to the extent covered by insurance, including any legal or
collection costs incurred by the Association to collect the costs of sllch repairs, replacement and
maintenance. All such sums of money will bear interest from the due date thereof at the default
rate provided in the Declaration and may otherwise be collected in the same manner as regular
Common Expense assessments. If repairs are required due to an emergency and the Association
does not immediately commence the required replacement, maintenance or repairs, either Owner
may do so and such Owner will have all of the lights of the Association described in this Section.
8.2 Additions, Alterations or Improvements.
8.2.1 No Owner shall make any exterior alterations to the Owner's Unit, or
make any change to an installation upon the Common Elements, or decorate, alter or repair any
part of the Common Elements except for maintenance of those parts of the Common Elements
which the Owner has the duty to maintain, without the prior written consent of the Association.
8.2.2 Nothing shall be installed by the Owner of a Unit on the exterior of the
Buildings or Common Elements without the prior wlitten consent of the Board, subject to the
following exception. Radio and television dishes and antem1as and other over-the-air reception
devices ("OT ARD's") that are subject to the FCC's Over-the-Air Reception Devices Rule may
be installed on each Owner's Limited Common Elements to the extent feasible and painted so as
to camouflage the OT ARD. If such a location is not feasible then the Owner may apply to the
Board for an acceptable location on the General Common Elements of that Owner's Unit for the
OT ARD. The Board shall pennit each Owner to install an OT ARD on the General Common
Elements in a specific location where it is feasible to obtain the desired service as is reasonably
detem1ined by the Board. Owner shall submit to the Board detailed plans and specifications for
any OT ARD that Owner wishes to install on the General Common Elements or Limited
Common Element, and shall not commence any constmction, installation or operation of any
such OT ARD until the plans and specifications for its installation shall have been approved in
writing by the Board. The Board may condition its approval upon, among other things, the
provision of reasonable security to insure the perfom1ance of the Owner's obligations under this
Section. Any such OT ARD shall be painted as directed by the Board so as to camouflage the
installation if that will not interfere with the desired service. The Board shall have the right to
supervise the installation and removal of any such OTARD. The Board shall also have the right
to require landscaping or other materials be installed at the Owner's expense to reasonably screen
any such OT ARD from view and to enforce reasonable OT ARD safety and maintenance
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requirements. Board approval shall also be required for any OT ARD mast installation that would
be more than twelve (12) feet in height or any OT ARD dish that would be more than three (3)
feet in diameter.
8.3 Damage or Destruction by Casualty.
8.3.1 Responsibility of Association.
The Association shall be responsible for repairing, reconstmcting, or rebuilding all
damage or destmction of the Common Elements by casualty and, to the extent of the
Association's insurance coverage, all such damage or destmction to the Units. Each Owner shall
be responsible for the repairing, reconstmcting, or rebuilding of his Unit to the extent not covered
by the Association's insurance within twelve (12) months of the occurrence of such casualty.
The Association shall rebui 1 d and restore the damaged or destroyed portions of the Common
Elements and, to the extent of the Association's insurance coverage, of the Units, so that the
Property is rebuilt and restored to substantially the same condition in which it existed prior to
such damage or destmction, unless Owners of at least seventy-five percent (75%) of the Units
and seventy-five percent (75%) of all first Mortgagees of Units agree that the Property shall not
be rebuilt or restored. The Association shall represent the Owners in any proceeding,
negotiation, settlement, or agreement relating to the payment of proceeds under any insurance
policies held by the Association. Any such proceeds shall be payable to the Association to the
extent of its interest therein. If the Property is to be rebuilt and restored and the proceeds of the
insurance policies held by the Association are insufficient to fund the full cost of rebuilding and
restoration, the difference between the amount of such proceeds and such cost may be charged to
all Owners as a common expense. If the required number of Owners and first Mortgagees agree
that the Property shall not be rebuilt and restored, the Property shall be considered removed from
the provisions of the Act in accordance with Section 100.605 thereof; and any proceeds resulting
from such removal shall be distributed in accordance with Section 100.615 of the Act.
8.3.2 Responsibility of Owner.
If, due to the act or neglect of an Owner, or of a member of his family or his household
pet or of a guest, servant, invitee, or other authOlized occupant or visitor of such 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
Owner shall pay for such damage and such maintenance, repairs, and rep 1 acements as may be
detennined by the Association, to the extent not covered by the Association's insurance. Owners
of Units are required to carry homeowner's insurance on a Unit, as specified in Section hereof.
8.4 Total Condemnation.
If, at any time or times during the continuance of the condominium fonn of
ownership pursuant to the Declaration, the whole of the Condominium is taken by eminent
domain or condemned by any public authority or sold or otherwise disposed of in lieu of or in
anticipation thereof, all of which is hereinafter call "Condemnation", each Unit Owner shall be
deemed to exclusively own the Limited Common Elements associated with such Owner's Unit
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such that they would be entitled to the Condemnation compensation and subject to the risk of
loss from any such Condemnation. The Association shall have the sole authority to represent the
Owners in any Condemnation proceedings or negotiations, settlements and agreements with the
condemning authority as the attomey-in-fact of all the Owners and pursuant to such authority
may accept any release and discharge of liability made by the Board on behalf of the Owners, but
only with respect only to the General Common Elements of the Condominium. The Board's
authority to act as attomey-in- fact of the Owners for such purpose is coupled with an interest and
is irrevocable. The compensation to be paid to Owners of Units shall be negotiated and finalized,
including, if required, by representation in any proceeding, by the Association, subj ect to
ratification of such compensation by the Owners of at least seventy-five percent (75%) of the
Units at a special meeting called for that purpose, whether or not proceedings are necessary. The
Board shall provide each Owner and each Mortgagee with a written notice of the commencement
of any such Condemnation proceeding regarding the General Conm10n Elements and of any
proposed sale or disposition in lieu or in advance of such proceeding. All compensation,
damages respecting the General Common Elements, or other proceeds therefrom, the sum of
which is hereinafter called the "Condemnation Award," shall be payable to the Association. The
net Condemnation Award, after the Association is reimbursed for all costs of representing the
Owners, shall be apportioned among the Owners in an equitable manner as reasonably
detem1ined by the Board.
8.5 Partial Condemnation.
In the event of a partial condemnation of the Condominium which includes some Units,
each Owner whose Unit is condemned shall deal with the condenming authority with regard to
compensation therefor, and the compensation for such Unit shall be paid to such Owner (or the
Mortgagee of that Owner's Unit). The Association shall negotiate compensation relating to any
Common Elements. The cost, if any, ofrestoring the balance of the Condominium so that it may
be used shall be determined by the Association and the Association shall negotiate with the
condemning authority with regard to compensation for this expenditure and shall, unless the
Condominium is tem1inated within thiliy (30) days after the receipt of such compensation in
accordance with the Act, reconstmct the Condominium, using the funds received for such
reconstmction. Any moneys received by the Association for any such reconstmction shall be
held in tmst by the Association for the purpose of such reconstmction.
9. INSURANCE
9.1 Association Insurance Coverage.
The Board shall obtain and maintain at all times as a Common Expense the insurance
required by the Act and such additional insurance that the Board deems advisable, which shall
include but not be limited to the following:
9.1.1 Fire and Extended Coverage Insurance.
The Board shall obtain and maintain at all times a policy or policies of property
insurance covering fire and other Iisks covered under special fon11 "all-risk" coverage (including
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vandalism, malicious mischief, sprinkler leakage, debris removal, cost of demolition, windstorm,
flood and water damage, endorsements,) in an amount as near as practicable to the full insurable
replacement value (without deduction for depreciation) of the Condominium, exclusive of land,
foundation, excavation and other items nonl1ally excluded from coverage or such other property
insurance as the Board reasonably detenl1ines will provide substantially equal or greater
protection, insuring the Owners and their Mortgagees, as their interests may appear. The Board
shall be named as the insured in such policy or policies and, as trustee for the benefit of Owners
and Mortgagees as their interests may appear. All such policies shall contain the standard
mortgage clause, or equivalent endorsement, that is commonly accepted by private institutional
mortgage investors in the area in which the Condominium is located. The Board shall cause
certificates of insurance to be issued to each Unit Owner and Mortgagee upon request. If such
insurance is maintained by other than the Board, then the Board shall monitor the insurance for
sufficiency. The insurance policy described in this Section 9.1.1 shall provide that the policy is
primary in the event a Unit Owner has other insurance covering the same loss. All insurance
shall be obtained iiom an insurance carrier rated A- (and rated as in Class IX or better financial
condition) by Best's Insurance Reports or equivalent rating service, and licensed to do business
in the State of Oregon.
9.1.2 Commercial General Liability Insurance.
The Board shall at all times maintain commercial general liability insurance
insuring the Association, Unit Owners, Board, Declarant, and its managing agent against liability
to the public or to individual Unit Owners. Such insurance shall include liability for water
damage, liability for damage to propeliy of others, contractual liability, non-owned automobile
liability, and liability for maintenance or use of the Common Elements. The liability under which
insurance must be detem1ined by the Board after consultation with insurance consultants, but not
less than Two Million Dollars ($2,000,000) coveling all claims for personal injury and/or
property damage arising out of a single occurrence (such policy limits to be reviewed at least
annually by the Board and increased in its discretion).
9.1.3 Worker's Compensation Insurance.
The Board shall obtain and maintain at all times a policy or policies of worker's
compensation insurance to the extent required by applicable laws.
9.1.4 Fidelity Bonds.
The Board shall obtain and maintain at all times adequate fidelity bonds covering
the members of the Board and all other officers, Directors and employees of the Association
handling or responsible for funds of or administered by the Association. If a management agent
has the responsibility for handling or administering funds of the Association, the management
agent will be required to maintain fidelity bond coverage for its officers, employees and agents
responsible for such funds. In no event may the aggregate amount of such bonds be less than a
sum equal to three (3) months aggregate assessments on all Units plus Reserve Funds. The
bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion
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of persons serving without compensation from the definition of "employees" or similar tem1S or
expresslOns.
9.1.5 Insurance Against Loss.
The Board shall obtain and maintain at all times insurance against loss of or to personal
property of the Association by fire, theft, and other causes, with deductible provisions as the
Board deems reasonably advisable.
9.1.6 Other Insurance.
The Board shall maintain such other insurance as the Board deems advisable; provided,
that notwithstanding any other provisions herein, the Association shall continuously maintain in
effect such casualty, flood, and liability insurance and a fidelity bond meeting the insurance and
fidelity bond requirements for condominium projects established by the Federal National
M0l1gage Association, Govemment National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Housing Authority, Veterans Administration, or other
govenu11ental or quasi-govemmental agency involved in the secondary mortgage market, so long
as such agency is a M0l1gagee, an insurer or guarantor of a M0l1gage, or owner of a Unit within
the Condominium, except to the extent such coverage is not available or has been waived in
writing by such agency.
9.2 Owner's Insurance Coverage.
It is acknowledged that the foregoing provisions specify only the insurance to be obtained
and maintained by the Association and that the following insurance shall be obtained an
maintained by each Owner as specified:
9.2.1 Each Owner at his/her own expense shall maintain adequate casualty
insurance covering such Owner's Unit and their associated Limited Common Elements for their
full insurable value. Insurance also shall be purchased for fumishings, fixtures, equipment,
decorating and personal property and chattels of the Owner contained within his Unit, and his
personal property and chattels stored elsewhere on the property, including his automobile or
automobiles, and for loss of use and occupancy of his Unit in the event of damage. Any such
policy or policies of insurance shall contain waivers of subrogation against the Association, its
manager, agents, employees and servants, and against the other Owners and any members of their
households, except for vehicle impact, arson and fraud.
9.2.2 Public liability insurance in the amount reasonably set by the Board of
Directors no more often than every three years with respect to a Unit, covering any liability of
any Owner to the extent not covered by any public liability and property damage insurance
obtained and maintained by the Association.
9.2.3 Each Owner shall file a copy of such individual policy or policies with the
Board within thirty (30) days after purchase of such insurance, and the Board must immediately
review its effect with the Board's insurance broker, agent, or carrier.
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9.3 Insurance Proceeds.
Insurance proceeds for damage or destmction to any part of the Condominium shall be
paid to the Board on behalf of the Association, which must segregate such proceeds from other
funds of the Association for use and payment as provided in the Bylaws and the Declaration.
The Association, acting through its Board, has the sole authority to purchase and maintain
appropriate insurance (including the collection and disposition of the proceeds thereof, the
negotiation of losses and execution of releases of liability, the execution of all necessary
documents and the perfomlance of all other acts necessary to accomplish such purpose) as
attomey-in-fact of all Owners, and any insurer may accept a release and discharge of liability
made by the Board on behalf of the named insureds under the policy. The Board's authority to
act as attomey-in-fact of the Owners for such purpose is coupled with an interest and is
irrevocable.
9.4 Mandatory Provisions.
All Insurance policies and fidelity bonds In this Section shall contain the following
provIsIons:
9.4.1 The recognition of any insurance tmst agreement;
9.4.2 A waiver of subrogation by the insurer as to any and all claims against the
Association and any Owner, or their respective agents, employees, or tenants, and of any
defenses based upon co-insurance or upon invalidity arising from the acts of the insured;
9.4.3 Confimlation that the insurance is not prejudiced by any act or neglect of
individual Unit Owners which is not in the control of such Owners collectively;
9.4.4 The policies and bonds may not be cancelled without at least ten (10)
days' prior written notice to the Association and each Mortgagee under Section 13.2 of the
Declaration; and
9.4.5 A prOVISIOn that any master policy on the Condominium caIIDot be
canceled, 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 Board of Directors or
manager cure the defect.
9.5 Unacceptable Policies.
No insurance policy or fidelity bond required under this Section 9 may:
9.5.1 require or permit contributions or assessments against the Association, the
Board, the Owners, any managing agent, the Mortgagees or any guarantor of the above;
9.5.2 require or pemlit loss payments are contingent upon action by the
insurance carrier's board of Directors, policyholders, or members; or
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9.5.3 include any limiting clauses (other than insurance conditions) that could
prevent the Board, the Association or the Unit Owners from collecting insurance proceeds.
10. AMENDMENTS TO BYLAWS
10.1 How Proposed.
Amendments to the Bylaws shall be proposed by either a majority of the Board or by the
Owners holding at least twenty-five percent (25%) of the votes in the Association. The proposed
amendment must be in writing and shall be included in the notice of any meeting at which action
is to be taken thereon.
10.2 Adoption.
A resolution adopting a proposed Bylaws amendment may be offered by either the Board
or Owners and may be approved by the Owners at a meeting called for this purpose. Owners not
present at the meeting considering such amendment may express their approval in writing or by
proxy delivered to the Board at or prior to such a meeting. Subject to the provisions of the
Declaration and these Bylaws otherwise, any resolution shall be approved by Owners holding at
least fifty-one percent (51 %) of the votes of the Units, except for amendments changing voting
requirements and age, pet restrictions, occupancy, or rental and leasing restrictions which shall
require approval by Owners holding at least seventy-five percent (75%) of the votes in the
Association and except that any provision of these Bylaws that is required to be in the
Declaration may be amended only in accordance with the requirements goveming the amendment
of the Declaration. In any event, no amendment shall be effective to impair, reduce or tem1inate
any special Declarant rights provided in these Bylaws or the Declaration without the consent of
the Declarant so long as the Declarant has the right under the Declaration to create additional
Units or is the Owner of an unsold Unit.
10.3 Execution and Recording.
A Bylaw amendment shall not be effective until certified by the President and Secretary
of the Association as being adopted in accordance with these Bylaws, approved by the Oregon
Real Estate Commissioner if required by law, and recorded as required by law.
11. MEDIATION AND ARBITRATION
Every Owner and the Association has the right to enforce the proVISiOns of the
Declaration, these Bylaws and any Association Rules by submitting disputes to non-binding
mediation, and if the mediation is unsuccessful, to final and binding arbitration in accordance
with, Section 19.9 of the Declaration. Neither the Owner nor the Association may commence
litigation or an administrative proceeding that would result in an adversarial relationship with the
other without first complying with any requirements of the Act to offer to submit the matter to an
altemative dispute resolution process.
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12. MISCELLANEOUS
12.1 Notices.
All notices to the Association or Board shall be 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 may hereafter designate from time to time by written notice thereof to each Owner.
All notices to any Owner shall be sent to such home or business address, facsimile number or
electronic mail address as may have been designated by that Owner from time to time, in writing,
to the Board, or if no address has been designated, then to the Owner's Unit. If mailed, such
notice shall be deemed to be delivered when deposited in the United States mail so addressed,
with first class postage paid. If sent by electronic mail or facsimile, such notice shall be deemed
delivered one business day after sending by such means, unless the sender is notified of failure of
such delivery by such means.
12.2 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.
12.3 Invalidity; Number; Captions.
The invalidity of any part of the 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 provisions of these
Bylaws.
12.4 Action Without a Meeting.
Any action which the Act, Declaration or Bylaws require or permit the Owners or Board
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 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 Board, shall be filed in
the Association minutes.
12.5 Conflicts; Severability.
Each tem1 and provision of these Bylaws shall be valid and enforceable to the fullest
extent pem1itted by law. If any term or provision of these Bylaws or the application thereof to
any person or circumstance shall to any extent be invalid or unenforceable, whether under ORS
Chapter 100 or otherwise, the remainder of these Bylaws and the application of such tem1 or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby. These Bylaws are intended to comply with the Act
and the Declaration. In case of any irreconcilable conflict, the Act and the Declaration shall
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control over these bylaws, any amendments hereto or any mles and Regulations adopted
hereunder.
12.6 Rules or Order.
Robert's Rules of Order (latest edition) shall govern the conduct of Association and
Board proceedings when not in conflict with the Declaration, the Articles, these Bylaws or
Oregon law. A decision of the Association or its Board may not be challenged because the
appropriate rules of order were not used unless a person entitled to be heard was denied the right
to be heard and raised an objection at the meeting in which the right to be heard was denied. A
decision of the Association or its Board is deemed valid without regard to procedural errors
related to the mles of order one year after the decision is made unless the error appears on the
face of a written instmment memorializing the decision.
12.7 Liability Survives Termination.
The sale or other disposition of a Unit, shall not relieve or release any former Owner from
any liability or obligation incurred or in any way connected to said ownership, nor shall such
termination impair any rights or remedies which the Association may have against such former
Owner arising out of or in any way connected with such ownership and the covenants and
obligations incident thereto.
12.8 Indexing.
Whenever any dollar amount is specified in these Bylaws, such amount will be
automatically adjusted each January 1 sl for that calendar year based upon any changes in the
Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. City Average for All
Items, as published by the U.S. Bureau of Labor Statistics, U.S. Department of Labor, or if such
index is discontinued, a comparable index selected by the Board, using the index for
2007 as the base year.
12.9 The Declarant as Owner.
Except as expressly provided in these Bylaws and the Declaration, the Declarant shall,
with respect to any Units owned by the Declarant, enjoy any and all rights, and assume any and
all obligations, enjoyed or assumed by an Owner.
41 - McCALL DRIVE CONDOMINIUM OWNERS ASSOCLA TION BYLAWS
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DATED this.3 day of<~--..J~
the undersigned Declarant on behalf of the Assocla 1.
, 20~~.:r,-being hereby adopted by
DECLARANT:
BARCLAY SQUARE CONDOMINIUM, LLC,
an Oregon limited liability company
By Its Member:
ARCHERD & DRES .L~--;,\
an Oregon limited' ility company
B
Evan Archerd, Manager
STATE OF OREGON
)
)
COUNTY OF JACKSON )
'1>il :)OO,?
On this 3 day of ,JAt-JUAf-.,,/, 2006, personally appeared before me Evan Archerd, who
being duly swom did say that he is the Manager of Archerd & Dresner, LLC, an Oregon limited
liability company, which is a member of Barclay Square Condominium, LLC, an Oregon limited
liability company, and acknowledged that the foregoing instmment is the free act and deed of
said company.
. OFF!CIAL SEAL
:'1:..; . i MARION ROSE
. '~OT I-IRY PUBLIC-OREGON
. COMMISSION NO. A376095
MY OMMISSION EXPlr~ES MAR. 8. 2008
... ,.]0-..;;
'-~~
Notary Publi for C)r?-ErS-D/\J
My Commission Expires 3/ {./8/Cig
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