§ 94.660 — Method of voting or consenting

Oregon § 94.660

• Jurisdiction: Oregon
• Vol.: 3
• Title 10: Property Rights and Transactions
• Ch. 94: Real Property Development

Text

(1) The vote or consent of a lot may be cast or given:
(a) In person at a meeting of the homeowners association.
(b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section.
(c) Unless the declaration or bylaws or ORS 94.550 to 94.783 provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section.
(d) By written ballot in lieu of a meeting under ORS 94.647.
(e) By any other method specified by the declaration or bylaws or ORS 94.550 to 94.783.
(2)(a) A proxy:
(A) Must be dated and signed by the owner;
(B) Is not valid if it is undated or purports to be revocable without notice; and
(C) Terminates one year after its date unless the proxy specifies a shorter term.
(b) The board of directors may not require that a proxy be on a form prescribed by the board.
(c) An owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 94.647.
(d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid.
(3)(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.
(b) All solicitations for votes by absentee ballot shall include:
(A) Instructions for delivery of the completed absentee ballot, including the delivery location; and
(B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions.
(c) An absentee ballot shall be counted as an owner present for the purpose of establishing a quorum.
(d) Even if an absentee ballot has been delivered to an owner, the owner may vote in person at a meeting if the owner has:
(A) Returned the absentee ballot; and
(B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection.

Legislative History

1981 c.782 §42; 1999 c.677 §19; 2003 c.569 §14; 2007 c.409 §13