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by_laws [2015/08/08 15:51] – [Section 2. Authorizaton of Common Expenses and Approval of Vouchers] timby_laws [2015/11/05 12:44] (current) – external edit 127.0.0.1
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 ======BYLAWS OF WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION====== ======BYLAWS OF WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION======
 =====ARTICLE I GENERAL===== =====ARTICLE I GENERAL=====
Line 125: Line 126:
 =====ARTICLE VIII INSURANCE===== =====ARTICLE VIII INSURANCE=====
 ====Section 1. Insurance. ==== ====Section 1. Insurance. ====
-The association shall obtain and maintain at all times: +===The association shall obtain and maintain at all times:=== 
-A. A policy(ies) of insurance covering loss or damage from fire, with extended coverage endorsement, and such other coverages, such as earthquake, which the association may deem desirable, for not less than ninety per cent (90%) of the full insurable replacement value of the units and common elements, which said policy(ies) +  * A. A policy(ies) of insurance covering loss or damage from fire, with extended coverage endorsement, and such other coverages, such as earthquake, which the association may deem desirable, for not less than ninety per cent (90%) of the full insurable replacement value of the units and common elements, which said policy(ies) shall name the declarant, the association and the unit owners as insureds, as their interest may appear, and shall provide for a separate loss payable endorsement in favor of the mortgagee(ees) of each unit, if any. The policy(ies) shall include all property of an insurable nature, both real and personal, now existing or here- after acquired specifically including, but not limited to, stoves, refrigerators, laundering equipment, floor, wall and ceiling coverings, but in no event shall the coverage be applicable to personal property of the unit owners except as aforementioned, unless said personal property is permanently attached to the building structure, and in no event shall the policy(ies) have a deductible clause in excess of Five Hundred Dollars ($500.00) per unit: 
-shall name the declarant, the association and the unit owners as insureds, as their interest may appear, and shall provide for a separate loss payable endorsement in favor of the mortgagee(ees) of each unit, if any. The policy(ies) shall include all property of +  * B. A policy(ies) insuring the declarant, the association, the Board of Directors, the unit owners, and the management agent against liability to the public or to the owners (of units and of common elements, and their invitees or tenants), incident to the ownership and/or use of the property. There shall be excluded from such policy(ies) coverage of a unit owner (other than as a member of the association or board of directors) for liability arising out of acts or omission of such unit owner and liability incident to the ownership and/or use of the part of the property as to which such unit owner has the exclusive use or occupancy. Limits of liability under such insurance shall not be less than Five Hundred Thousand Dollars ($500,000.00) on a combined single limit basis (such limit and coverage to be reviewed at least annually by the association and increased in its discretion). Said policy(ies) shall be issued on a comprehensive liability basis and shall provide cross liability endorsement wherein the rights of named insured under the policy(ies) shall not be prejudiced as respects his, her or their action against another named insured; and 
-an insurable nature, both real and personal, now existing or here- after acquired specifically including, but not limited to, stoves, refrigerators, laundering equipment, floor, wall and ceiling coverings, but in no event shall the coverage be applicable to personal property of the unit owners except as aforementioned, unless said personal property is permanently attached to the +  * C. Workmen’s compensation insurance to the extent necessary to comply with any applicable laws. 
-building structure, and in no event shall the policy(ies) have a deductible clause in excess of Five Hundred Dollars ($500.00) per unit: +===Insurance obtained by the association shall be governed by the following provisions:=== 
-B. A policy(ies) insuring the declarant, the association, the +  * a. All losses under policies hereafter in force regarding the property shall be settled exclusively with the board of directors or its authorized representative; provided, however, that where a first mortgagee has been designated as a loss payee by a unit owner, such mortgagee shall be entitled to settle losses as to the mortgaged unit. 
-Board of Directors, the unit owners, and the management agent against liability to the public or to the owners (of units and of common elements, and their invitees or tenants), incident to the ownership and/or use of the property. There shall be excluded from such policy(ies) coverage of a unit owner (other than as a member of the association or board of directors) for liability arising out +  * b. Each unit owner shall be required to notify the board of directors of all improvements made by the owner to his unit, the value of which is in excess of Five Hundred Dollars ($500.00). 
-of acts or omission of such unit owner and liability incident to +  * c. Each unit owner shall be responsible for obtaining, at his own expense, insurance covering his property not insured under para- graph (A) above and against his liability not covered under para- graph (B) above, unless the association agrees otherwise.
-the ownership and/or use of the part of the property as to which such unit owner has the exclusive use or occupancy. Limits of liability under such insurance shall not be less than Five Hundred Thousand Dollars ($500,000.00) on a combined single limit basis (such limit and coverage to be reviewed at least annually by the association and increased in its discretion). Said policy(ies) +
-shall be issued on a comprehensive liability basis and shall +
-provide cross liability endorsement wherein the rights of named insured under the policy(ies) shall not be prejudiced as respects +
-his, her or their action against another named insured; and +
-C. Workmen’s compensation insurance to the extent necessary to comply with any applicable laws. +
-Insurance obtained by the association shall be governed by the following provisions: +
-a. All losses under policies hereafter in force regarding the +
-property shall be settled exclusively with the board of directors Page 11 – Bylaws +
-or its authorized representative; provided, however, that where a first mortgagee has been designated as a loss payee by a unit owner, such mortgagee shall be entitled to settle losses as to the mortgaged unit. +
-b. Each unit owner shall be required to notify the board of directors of all improvements made by the owner to his unit, the value of which is in excess of Five Hundred Dollars ($500.00). +
-c. Each unit owner shall be responsible for obtaining, at his own expense, insurance covering his property not insured under para- graph (A) above and against his liability not covered under para- graph (B) above, unless the association agrees otherwise.+
 The proceeds from any casualty policy held by the association payable with respect to any loss or damage to the common elements, shall be held in trust by the association for the benefit of all insured as The proceeds from any casualty policy held by the association payable with respect to any loss or damage to the common elements, shall be held in trust by the association for the benefit of all insured as
 their interest may appear. their interest may appear.
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 The amended bylaws shall be effective when certified by the Chairman and Secretary and recorded in the official records of Lane County. The amended bylaws shall be effective when certified by the Chairman and Secretary and recorded in the official records of Lane County.
 =====ARTICLE X MORTGAGEES===== =====ARTICLE X MORTGAGEES=====
-Section 1. Notice to Association. A unit owner who mortgages his+====Section 1. Notice to Association.==== 
 + A unit owner who mortgages his
 unit shall notify the association through the Chairman of the name and address of his mortgagee; and the association shall maintain such infor- mation in its records. unit shall notify the association through the Chairman of the name and address of his mortgagee; and the association shall maintain such infor- mation in its records.
 =====ARTICLE XI WAIVER OF NOTICE===== =====ARTICLE XI WAIVER OF NOTICE=====
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 The administrative rules and regulations governing the details of The administrative rules and regulations governing the details of
 the operation and use of the common elements shall be fixed by the Board of Directors by majority vote from time to time. Restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, designed to prevent unreasonable interference the operation and use of the common elements shall be fixed by the Board of Directors by majority vote from time to time. Restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, designed to prevent unreasonable interference
-Page 13 – Bylaws 
 with the use of the respective units and the common elements by the unit owners, shall be fixed by the Board of Directors by a majority vote. with the use of the respective units and the common elements by the unit owners, shall be fixed by the Board of Directors by a majority vote.
 DATED at Eugene, Oregon, this 20th day of November, 1978. DATED at Eugene, Oregon, this 20th day of November, 1978.
-Page 14 – Bylaws +======WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION FIRST AMENDMENTS TO THE BYLAWS OF THE ASSOCIATION OF UNIT OWNERS OF WOODTIQUE HEIGHTS CONDOMINIUMS======
-WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION +
-FIRST AMENDMENTS TO THE BYLAWS OF THE +
-ASSOCIATION OF UNIT OWNERS OF WOODTIQUE HEIGHTS CONDOMINIUMS+
 These First Amendments to the Bylaws of Association of Unit Owners of the Woodtique Heights Condominium were approved on the 20th day of November 2001 by the Association of Unit Owners of the Woodtique Heights Condominiums These First Amendments to the Bylaws of Association of Unit Owners of the Woodtique Heights Condominium were approved on the 20th day of November 2001 by the Association of Unit Owners of the Woodtique Heights Condominiums
 =====RECITALS===== =====RECITALS=====
-A. Association is the Association of Unit Owners of the Woodtique Heights Condominiums formed pursuant to the Declaration of Condominium Ownership for the Woodtique Heights Condominiums recorded November 30, 1978 as document number 7878939 in Lane County Oregon Records. +  * A. Association is the Association of Unit Owners of the Woodtique Heights Condominiums formed pursuant to the Declaration of Condominium Ownership for the Woodtique Heights Condominiums recorded November 30, 1978 as document number 7878939 in Lane County Oregon Records. 
-B. Pursuant to Article IX of the Bylaws and the approval of at least seventy-five percent (75%) of the voting members, the Association herby amends the following Articles, Sections and Subsections in the manner set forth below.+  *  B. Pursuant to Article IX of the Bylaws and the approval of at least seventy-five percent (75%) of the voting members, the Association herby amends the following Articles, Sections and Subsections in the manner set forth below.\\
 NOW THEREFORE, the Article, Sections and Subsections, set forth below are amended in the following manner: NOW THEREFORE, the Article, Sections and Subsections, set forth below are amended in the following manner:
-[ARTICLE I, GENERAL, remains unchanged] +=====[ARTICLE I, GENERAL, remains unchanged]===== 
-ARTICLE II, ASSOCIATION MEMBERSHIP AND VOTING +=====ARTICLE II, ASSOCIATION MEMBERSHIP AND VOTING===== 
-Section 1, Membership in the Association +====Section 1, Membership in the Association==== 
-Amended to Omit: +Amended to Omit:\\ 
-Reference to requirement that the unit owner file a copy of their deed to with the Association +Reference to requirement that the unit owner file a copy of their deed to with the Association\\ 
-Amended to Include:+Amended to Include:\\
 “Each unit owner is required to notify board upon sale or purchase of unit.” “Each unit owner is required to notify board upon sale or purchase of unit.”
-Section 2. Voting Amended to Omit:+====Section 2. Voting====  
 +Amended to Omit:\\
 References to duplex References to duplex
-[Sections 3 through 9 remain unchanged] +====[Sections 3 through 9 remain unchanged]==== 
-ARTICLE III BOARD OF DIRECTORS +=====ARTICLE III BOARD OF DIRECTORS===== 
-[Section 1, remains unchanged] +====[Section 1, remains unchanged]==== 
- +====Section 2. Election of Directors and Term of Office==== 
-Page 2, Woodtique Heights Condominium By-Law Amendments + Amended to Omit:\\ 
-Section 2. Election of Directors and Term of Office Amended to Omit: +Reference to the organization meeting\\ 
-Reference to the organization meeting +Amended to Include:\\ 
-Amended to Include: +“No more than nine (9), no less than (3) Directors.” “One third (1/3)”: of whom shall serve....,\\ 
-“No more than nine (9), no less than (3) Directors.” “One third (1/3)”: of whom shall serve...., +“the remainder” of whom shall serve.....\\ 
-“the remainder” of whom shall serve..... +Amended to Omit:\\ 
-Amended to Omit: +Last sentence referring to reduction in number of Directors.\\ 
-Last sentence referring to reduction in number of Directors. +====[Sections 3 through 6 remain unchanged]==== 
-[Sections 3 through 6 remain unchanged] +====Section 7 Regular Meetings==== 
-Section 7 Regular Meetings +Amended to Include:\\
-Amended to Include:+
 “fax or e-mail” (to provide notice of regular meetings) “fax or e-mail” (to provide notice of regular meetings)
-Section 8, Special Meetings. +====Section 8, Special Meetings.==== 
-Amended to Include:+Amended to Include:\\
 “fax or e-mail” (to provide notice of special meetings) “fax or e-mail” (to provide notice of special meetings)
-[Section 9 remains unchanged] +====[Section 9 remains unchanged]==== 
-[ARTICLE IV, Managing Agent, remains unchanged] +=====[ARTICLE IV, Managing Agent, remains unchanged]===== 
-ARTICLE V. OFFICERS +=====ARTICLE V. OFFICERS===== 
-[Sections 1 through 5 remain unchanged] +====[Sections 1 through 5 remain unchanged]==== 
-Section 6. Treasurer. +====Section 6. Treasurer.==== 
-Amended to include at the end of the final sentence in this section:+Amended to include at the end of the final sentence in this section:\\
 “unless those duties are assigned to a managing agent. In such case the duties of Treasurer would be to oversee the managing agent.” “unless those duties are assigned to a managing agent. In such case the duties of Treasurer would be to oversee the managing agent.”
-ARTICLE VI. OBLIGATIONS OF THE OWNERS +=====ARTICLE VI. OBLIGATIONS OF THE OWNERS===== 
-Section 1. Assessments. +====Section 1. Assessments.==== 
-Amended to Omit: +Amended to Omit:\\ 
-Wording that begins with: .. provided, however that the assessment for insurance premiums be apportioned on pro rata ratio.... +Wording that begins with: .. provided, however that the assessment for insurance premiums be apportioned on pro rata ratio....\\ 
-Section 2. Maintenance and Repair By Owners +====Section 2. Maintenance and Repair By Owners==== 
-[subsections (a), (b) and (c) of Section 2 remain unchanged] +[subsections (a), (b) and %%(c)%% of Section 2 remain unchanged] 
- +====Section 2 Amended to Include:==== 
-Page 3, Woodtique Heights Condominium By-Law Amendments Section 2 Amended to Include: +“(d) Owners will be responsible for installing and maintaining a working smoke detector.”\\ 
-“(d) Owners will be responsible for installing and maintaining a working smoke detector.” +“(e) Owners must promptly inform the Association of any damage to their unit from external sources (i.e., water damage from rain). Damages (i.e. dry rot), resulting from lack of notification shall be at the owners expense.”\\ 
-“(e) Owners must promptly inform the Association of any damage to their unit from external sources (i.e., water damage from rain). Damages (i.e. dry rot), resulting from lack of notification shall be at the owners expense.” +====[Section 3, Use of Unit, Structural Changes, remains unchanged]==== 
-[Section 3, Use of Unit, Structural Changes, remains unchanged] +====Section 4. Rights of Entry==== 
-Section 4. Rights of Entry +Subsection (a) Amended to Include right of entry to “a tenant’s” unit\\ 
-Subsection (a) Amended to Include right of entry to “a tenant’s” unit +[subsection (b) of Section 4., remains unchanged]\\ 
-[subsection (b) of Section 4., remains unchanged] +====Section 5. Rules of Conduct==== 
-Section 5. Rules of Conduct +[subsections (a) through (d) of Section 5, remain unchanged]\\ 
-[subsections (a) through (d) of Section 5, remain unchanged] +Subsection (e) Amended to Include:\\
-Subsection (e) Amended to Include:+
 installation of “Satellite dishes and/or T.V. cables” on exterior of buildings installation of “Satellite dishes and/or T.V. cables” on exterior of buildings
-ARTICLE VII. COMMON EXPENSES +=====ARTICLE VII. COMMON EXPENSES===== 
-Section 1. Manner of Collection +====Section 1. Manner of Collection==== 
-Amended to Replace all wording in section with:+Amended to Replace all wording in section with:\\
 “The Board of Directors shall take whatever action it deems necessary, consistent with the Declaration and Bylaws.” “The Board of Directors shall take whatever action it deems necessary, consistent with the Declaration and Bylaws.”
-Section 2. Authorization of Common Expenses and Approval of Vouchers. +Section 2. Authorization of Common Expenses and Approval of Vouchers.\\ 
-[Subsection (a) remains unchanged] +[Subsection (a) remains unchanged]\\ 
-Section (b) Amended to Change: +Section (b) Amended to Change:\\ 
-Dollar amount of $500 to one thousand ($1,000) for non-recurring items of common expense. +Dollar amount of $500 to one thousand ($1,000) for non-recurring items of common expense.\\ 
-Section (c) Amended to Change: +Section %%(c)%% Amended to Change:\\ 
-Dollar amount of $500 to one thousand ($1,000) but less than ten thousand ($10,000) +Dollar amount of $500 to one thousand ($1,000) but less than ten thousand ($10,000)\\ 
- +Section (d) Amended to Change:\\ 
-Page 4, Woodtique Heights Condominium By-law Amendments +Dollar amount from $5,000 to ten thousand ($10,000)\\ 
-Section (d) Amended to Change: +[Subsection (e) of section 2, remains unchanged]\\ 
-Dollar amount from $5,000 to ten thousand ($10,000) +=====ARTICLE VIII. INSURANCE===== 
-[Subsection (e) of section 2, remains unchanged] +====Section 1. Insurance.==== 
-ARTICLE VIII. INSURANCE + ==The Association shall obtain and maintain at all times:== 
-Section 1. Insurance. The Association shall obtain and maintain at all times: +Subsection A Amended to Include:\\ 
-Subsection A + “from wall studs outward”\\ 
-Amended to Include: “from wall studs outward” +Amended to Omit:\\ 
-Amended to Omit: +Delcarant sentence that refers to what the policy shall include reference to a maximum of $500 Dollars deductible\\ 
-Delcarant +With the subsections that are included and omitted, Subsection A is Amended to read:\\ 
-sentence that refers to what the policy shall include reference to a maximum of $500 Dollars deductible +“A policy of insurance covering loss or damage from fire, with extended coverage endorsements, and such other coverage such as earthquake, which the Association may deem desirable, for not less than ninety percent (90%) of the full insurable replacement value of the units from the wall studs outward and the common elements which said policies shall name, the association and the unit owners as insured, as their interest may appear and shall provide for separate loss payable endorsement in favor of the mortgage of each unit if any, but in no event shall the coverage be applicable to personal property of the unit owners."\\ 
-With the subsections that are included and omitted, Subsection A is Amended to read: +Subsection B Amended to Omit:\\ 
-“A policy of insurance covering loss or damage from fire, with extended coverage endorsements, and such other coverage such as earthquake, which the Association may deem desirable, for not less than ninety percent (90%) of the full insurable replacement value of the units from the wall studs outward and the common elements which said policies shall name, the association and the unit owners as insured, as their interest may appear and shall provide for separate loss payable endorsement in favor of the mortgage of each unit if any, but in no event shall the coverage be applicable to personal property of the unit owners. +Reference to Declarant and Management Agent\\ 
-Subsection B Amended to Omit: +Subsection B. Amended to Include:\\ 
-Reference to Declarant and Management Agent +“Limits of liability under such insurance will be in an amount determined by the Board of Directors.”\\ 
-Subsection B. Amended to Include: +[Subsection C, remains unchanged]\\ 
-“Limits of liability under such insurance will be in an amount determined by the Board of Directors.” +==Insurance obtained by the association shall be governed by the following provisions:== 
-[Subsection C, remains unchanged] +[ (a) and (b) in this section remain unchanged]\\ 
- +%%(c)%% Amended to Include:\\ 
-Page 5, Woodtique Heights Condominium By-law Amendments + in sentence referring to owner insurance obligation “personal property, physical property and fixtures including, but not limited to, walls, cabinets and appliances. The owner will need to provide proof of Insurance to the Association”.\\ 
-Insurance obtained by the association shall be governed by the following provisions: +Final paragraph of %%(c)%% Amended to Omit:\\
-[ (a) and (b) in this section remain unchanged] +
-(c) Amended to Include: in sentence referring to owner insurance obligation “personal property, physical property and fixtures including, but not limited to, walls, cabinets and appliances. The owner will need to provide proof of Insurance to the Association”. +
-Final paragraph of (c) Amended to Omit:+
 References to insurance payments held in a separate escrow account. References to insurance premium apportioned on pro rata ratio basis References to insurance payments held in a separate escrow account. References to insurance premium apportioned on pro rata ratio basis
-[ARTICLES IX remain unchanged] +=====[ARTICLES IX remain unchanged]===== 
-ARTICLE X, MORTGAGEES +=====ARTICLE X, MORTGAGEES===== 
-Section 1. Notice to Association. +====Section 1. Notice to Association.==== 
-Amended to Omit: requirement that unit owners notify Association of mortgages on units. +Amended to Omit:\\ 
-[ARTICLES XI through XIV remain unchanged]+ requirement that unit owners notify Association of mortgages on units. 
 +=====[ARTICLES XI through XIV remain unchanged]=====
 AMENDMENTS APPROVED, Eugene, Oregon, November 20, 2001 WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION AMENDMENTS APPROVED, Eugene, Oregon, November 20, 2001 WOODTIQUE HEIGHTS HOMEOWNERS ASSOCIATION
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