94.658 Voting or granting consent
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/or/ors-chapter-94/real-property-development/planned-communities/94-658·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
94.658 Voting or granting consent.
(1)Unless the declaration provides otherwise, each lot of a planned community shall be entitled to one vote.
(2)Unless the declaration or bylaws provide otherwise:
(a)An attorney-in-fact, executor, administrator, guardian, conservator or trustee may vote or grant consent with respect to a lot owned or held in a fiduciary capacity if the fiduciary satisfies the secretary of the board of directors that the person is the attorney-in-fact, executor, administrator, guardian, conservator or trustee holding the lot in a fiduciary capacity.
(b)When a lot is owned by two or more persons jointly, according to the records of the association:
(A)Except as provided in this paragraph, the vote of the lot may be exercised by a co-owner in the absence of protest by another co-owner. If the co-owners cannot agree upon the vote, the vote of the lot shall be disregarded completely in determining the proportion of votes given with respect to such matter.
(B)A valid court order may establish the right of co-owners’ authority to vote. [2001 c.756 §2; 2007 c.409 §12; 2009 c.641 §11]