Bill Text: OR HB2823 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to communities governed by declaration.

Spectrum: Committee Bill

Status: (Enrolled - Dead) 2013-07-08 - In conference committee upon adjournment. [HB2823 Detail]

Download: Oregon-2013-HB2823-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. HB 2823

LC 2946/HB 2823-A4

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2823

 By COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL BUSINESS
                           PROTECTION

                             June 4

  On page 3 of the printed A-engrossed bill, after line 29,
insert:
  ' (24) 'Records of an association' or 'records kept by or on
behalf of an association' means information that is prepared,
owned, used or retained by a member of the board of directors of
a homeowners association, or members of a committee formed by the
association, in the course of exercising responsibilities to the
planned community, including information:
  ' (a) Provided to or by a member of the board, or a committee
formed by the association, concerning matters of the association;
  ' (b) Submitted to a member of the board, or a committee,
considering the adoption of policies; and
  ' (c) Documenting communications to or from a member of the
board, or a committee, concerning policies or practices of the
association.'.
  In line 30, delete '(24)' and insert '(25)'.
  In line 33, delete '(25)' and insert '(26)'.
  In line 43, delete '(26)' and insert '(27)'.
  In line 44, delete '(27)' and insert '(28)'.
  On page 4, line 1, delete '(28)' and insert '(29)'.
  In line 4, delete '(29)' and insert '(30)'.
  In line 5, delete 'and 4' and insert ', 4 and 4a'.
  On page 5, after line 16, insert:
  '  { +  SECTION 4a. + }  { + (1) Notwithstanding contrary
provisions of a governing document of a planned community, the
homeowners association, and the declarant during any period of
declarant control, may not prohibit an owner or occupant of a lot
from displaying a sign based on the content of the sign:
  ' (a) On the lot; or
  ' (b) On any other property or structure in the planned
community that is under the exclusive use and occupancy of the
owner.
  ' (2) A homeowners association may impose reasonable
restrictions on the number and size of signs or the time period
during which signs may be displayed. + } ' .
  On page 12, delete lines 28 through 32 and insert:
  ' (10)(a) An association, and the declarant during any period
of declarant control, may not make information confidential or
exempt from disclosure to owners that is not made confidential or
exempt from disclosure by ORS 94.550 to 94.783.
  ' (b) Except as provided in paragraph (c) of this subsection,
the association shall make the documents, information and records
described in subsections (1) to (3) of this section and all other
records of the association reasonably available for examination
and, upon written request, including written requests by
electronic mail, facsimile or other electronic communications,
available for duplication by an owner and any mortgagee of a lot
that makes the request in good faith for a proper purpose.'.
  In line 33, delete '(b)' and insert '(c)'.
  On page 14, line 23, delete 'and 4' and insert ', 4 and 4a'.
  In line 35 delete 'and 4' and insert ', 4 and 4a'.
  In line 44 delete 'and 4' and insert ', 4 and 4a'.
  On page 15, line 5, delete 'and 4' and insert ', 4 and 4a'.
  On page 20, after line 13, insert:
  ' (28) 'Records of an association' or 'records kept by or on
behalf of an association' means information that is prepared,
owned, used or retained by a member of the board of directors of
an association of unit owners, or members of a committee formed
by the association, in the course of exercising responsibilities
to the condominium, including information:
  ' (a) Provided to or by a member of the board, or a committee
formed by the association, concerning matters of the association;
  ' (b) Submitted to a member of the board, or a committee,
considering the adoption of policies; and
  ' (c) Documenting communications to or from a member of the
board, or a committee, concerning policies or practices of the
association.'.
  In line 14, delete '(28)' and insert '(29)'.
  In line 18, delete '(29)' and insert '(30)'.
  In line 21, delete '(30)' and insert '(31)'.
  In line 28, delete '(31)' and insert '(32)'.
  In line 31, delete '(32)' and insert '(33)'.
  In line 33, delete '(33)' and insert '(34)'.
  In line 34, delete '(34)' and insert '(35)'.
  In line 35, delete '(35)' and insert '(36)'.
  In line 36, delete '(36)' and insert '(37)'.
  In line 37, delete '(37)' and insert '(38)'.
  In line 41, delete '(38)' and insert '(39)'.
  In line 43, delete '(39)' and insert '(40)'.
  On page 21, line 2, delete '(40)' and insert '(41)'.
  In line 7, delete '(41)' and insert '(42)'.
  In line 9, delete '(42)' and insert '(43)'.
  In line 11, delete 'and 15' and insert ', 15 and 15a'.
  On page 22, after line 23, insert:
  '  { +  SECTION 15a. + }  { + (1) Notwithstanding contrary
provisions of the declaration and bylaws of a condominium, the
association of unit owners, and the declarant during any period
of declarant control, may not prohibit a unit owner or occupant
of a unit from displaying a sign based on the content of the
sign:
  ' (a) From within the unit;
  ' (b) In a space assigned to the unit;
  ' (c) In a limited common element with the written approval of
the unit owner of each unit to which use of the limited common
element is reserved; or
  ' (d) On any other property or structures in the condominium
that are under the exclusive use and occupancy of the owner.
  ' (2) An association of unit owners may impose reasonable
restrictions on the number and size of signs or the time period
during which signs may be displayed. + } ' .
  On page 31, delete lines 18 through 22 and insert:
  ' (10)(a) An association of unit owners, and the declarant
during any period of declarant control, may not make information
confidential or exempt from disclosure to unit owners that is not
made confidential or exempt from disclosure by ORS chapter 100.
  ' (b) Except as provided in paragraph (c) of this subsection,
the association shall make the documents, information and records
described in subsections (1) to (3) of this section and all other
records of the association reasonably available for examination
and, upon written request, including written requests by
electronic mail, facsimile or other electronic communications,
available for duplication by a unit owner and any mortgagee of a
unit that makes the request in good faith for a proper purpose.'.
  In line 23, delete '(b)' and insert '(c)'.
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