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--- declaration_of_unit_ownership [2015/08/09 07:57] – tim
+++ declaration_of_unit_ownership [2022/10/24 20:28] (current) – [Article XII, Rules and Regulations for Woodtique Heights Homeowner’s Association, of the Declaration is amended to add the following language:] lynette
@@ Line 1: / Line 1: @@
-{{::woodtique_declaration_of_condominium_ownership.pdf|}}
+^ download                                                                                                 ^
+| {{ :woodtiquedeclarationofunitownership2022ammended.pdf |Woodtique Declaration of Unit Ownership 2022}}  |
+This is an unofficial copy of the declaration of unit ownership of Woodtique Heights
 ====== DECLARATION OF UNIT OWNERSHIP OF WOODTIQUE HEIGHTS ======
 THIS DECLARATION executed this 30 day of November, 1978,
@@ Line 417: / Line 420: @@
 IN WITNESS WHEREOF, the Declarant has upon the day and year first above written caused these presents to be executed and does hereby submit the above described real property to the provisions of the Oregon Unit Ownership Law.
 ====SIGNATURES AND ACKNOWLEDGEMENTS NEXT PAGE ====
+\\
+\\
+\\
+----
-=====FIRST AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR WOODTIQUE HEIGHTS CONDOMINIUMS=====
+----
+=====_______________ =====
+======FIRST AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR WOODTIQUE HEIGHTS CONDOMINIUMS======
 These First amendments to the Declaration of Condominium Ownership for Woodtique Heights Condominium were approved on the 20thday of November 2001 by the Associaton of Unit Owners of the Woodtique Heights Condominiums
-RECITALS
+====RECITALS====
-A.  Association is the Association of Unit Owners of the Woodtique Heights
+  * 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 7878938, in Lane County Oregon Records.
-Condominiums formed pursuant to the Declaration of Condominium Ownership
+  * B.  Pursuant to Article XI of the Declaration and the approval of at least seventy-five percent (75%) of the voting members, the Association hereby amends the following Articles in the manner set forth below. \\
-for the Woodtique Heights Condominiums recorded November 30, 1978 as
+\\
-document number 7878938, in Lane County Oregon Records.
-B.  Pursuant to Article XI of the Declaration and the approval of at least seventy-five
-percent (75%) of the voting members, the Association hereby amends the
-following Articles in the manner set forth below.
 NOW THEREFORE, the Articles, Sections and Subsections set forth below are amended
 in the following manner:
-[ARTICLE I, LEGAL DESCRIPTION OF PROPERTY and II, NAME OF
+====[ARTICLE I, LEGAL DESCRIPTION OF PROPERTY and II, NAME OF PROPERTY remain unchanged]====
-PROPERTY remain unchanged]
+====ARTICLE III GENERAL DESCRIPTION OF BUILDINGS AND PROPERTY====
-ARTICLE III
-GENERAL DESCRIPTION OF BUILDINGS AND PROPERTY
 General Description is Amended toreflect the following changes:
-Change in Street name to “Hawkins Lane”.
+  * Change in Street name to “Hawkins Lane”.
-Change of Laundry building to “Storage” building.
+  * Change of Laundry building to “Storage” building.
-Corrected number of buildings to “Sixteen (16) with fifty (50)” family units.
+  * Corrected number of buildings to “Sixteen (16) with fifty (50)” family units.
-Omitted Reverences to duplex
+  * Omitted Reverences to duplex
-Omitted References to floor coverings, kitchen appliances and drapes,
+  * Omitted References to floor coverings, kitchen appliances and drapes,
-Corrected that “two and three bedroom down stair units” have outside storage
+  * Corrected that “two and three bedroom down stair units” have outside storage
-ARTICLE IV
+====ARTICLE IV DESCRIPTION OF UNITS:====
-DESCRIPTION OF UNITS:
+=== [Description Sections A through D of Article IV remain unchanged]===
-[Description Sections A through D of Article IV remain unchanged]
+===E. Laundry Building===
-E. Laundry Building
 Amended to “Storage Building”, (laundry building now used for storage)
-Page 2, Woodtique Heights Condominium Declaration Amendments
+===F. Swimming Pool:===
-F. Swimming Pool:
 Amended to correct depth of pool to “nine (9) feet”
-[ARTICLE V remains unchanged]
+====[ARTICLE V remains unchanged]====
-ARTICLE VI
+====ARTICLE VI DESCRIPTION OF GENERAL COMMON ELEMENTS:====
-DESCRIPTION OF GENERAL COMMON ELEMENTS:
+  * [A. remains unchanged]
-[A. remains unchanged]
+  * B. Amended reference to main walls to add: “from studs outward”. Added word, “exterior” before halls, corridors, lobbies, and stairs.
-B. Amended reference to main walls to add: “from studs outward”.
+  * C. Amended to Omit: reference to basement. (units have no basements)
-Added word, “exterior” before halls, corridors, lobbies, and stairs.
+  * D. Amended to read: “Installations of central services such as power, light, gas, and water”. Other wording Omitted.
-C. Amended to Omit: reference to basement. (units have no basements)
+  * [E remains unchanged]
-D. Amended to read: “Installations of central services such as power, light, gas,
+  * F. Amended laundry building to “storage building”
-and water”. Other wording Omitted.
+  * [G through K remain unchanged]
-[E remains unchanged]
+  * L. Amended number 48 to “50 living units”. Omitted reference to duplex
-F. Amended laundry building to “storage building”
+====[ARTICLE VII remains unchanged]====
-[G through K remain unchanged]
+====ARTICLE VIII USE OF BUILDINGS AND UNITS:====
-L. Amended number 48 to “50 living units”. Omitted reference to duplex
+  * [Section A of ARTICLE VIII remains unchanged]
-[ARTICLE VII remains unchanged]
+  * B. Laundry Building: Amended to “Storage Building: The Storage Building’s use shall be controlled by the Board of Directors as they deem necessary.”
-ARTICLE VIII
+  * C. Residential Units: Amended to include storage building not intended for residential use.
-USE OF BUILDINGS AND UNITS:
+====ARTICLE IX SERVICE OF PROCESS:====
-[Section A of ARTICLE VIII remains unchanged]
-B. Laundry Building:
-Amended to “Storage Building: The Storage Building’s use shall be controlled by
-the Board of Directors as they deem necessary.”
-Page 3, Woodtique Heights Condominium Declaration Amendments
-C. Residential Units:
-Amended to include storage building not intended for residential use.
-ARTICLE IX
-SERVICE OF PROCESS:
 Amended to reflect: the current Chairman of the Association.
-ARTICLE X
+====ARTICLE X ALLOCATION OF COMMON EXPENSES:====
-ALLOCATION OF COMMON EXPENSES:
 Amended to change: annual assessment to “monthly” (there are no annual
 assessments)
-[ARTICLE XI remains unchanged]
+====[ARTICLE XI remains unchanged]====
-ARTICLE XII
+====ARTICLE XII RULES AND REGULATIONS FOR WOODTIQUE HEIGHTS HOMEOWNER’S ASSOCIATION:====
-RULES AND REGULATIONS FOR WOODTIQUE HEIGHTS
-HOMEOWNER’S ASSOCIATION:
 [Rules and regulations not listed below remain unchanged]
-WALKWAYS
+===WALKWAYS===
-Amended to include:
+Amended to include: “stairs” must not be obstructed.
-“stairs” must not be obstructed.
+===RADIO AND TELEVISION===
-RADIO AND TELEVISION
+Amended to include: “satellite dish” not attached to building
-Amended to include:
+===MAINTENANCE AND REPAIRS===
-“satellite dish” not attached to building
+Amended to omit: “carport” (there are not carports in the complex)
-MAINTENANCE AND REPAIRS
+===USE OF CARPORTS===
-Amended to omit:
-“carport” (there are not carports in the complex)
-USE OF CARPORTS
 Amended title to USE OF ASSIGNED PARKING SPACES:
 Amended to Omit:
 Reference to carports
-Page 4, Woodtique Heights Condominium Declaration Amendments
+===DAMAGE:===
-DAMAGE:
 Amended to include:
 “Any water damage caused from oneunit to the other shall be the responsibility of
 the offending unit owner.”
-FLAMMABLES:
+===FLAMMABLES:===
 Amended to include:
 “Damages caused as a result of a fire ignited by an owner shall be the
 responsibility of that owner.”
-WINDOWS:
+===WINDOWS:===
 Amended to include:
 “Any damages caused as a result ofnegligence to the above statement shall be the
 responsibility of the owner.”
-PAINTING:
+===PAINTING:===
 Amended to include:
 “without consent of the Board of Directors.”
-FLOWERS:
+===FLOWERS:===
 Amended to include:
 “or Board of Directors” before doing so.
-PATIO AREAS:
+===PATIO AREAS:===
 Amended to omit:
 References to carports.
-DAMAGE BY CHILDREN:
+===DAMAGE BY CHILDREN:===
 Amended to omit:
 References to “carports”.
-[ARTICLE XIII, remains unchanged]
-ARTICLE XIV
+====[ARTICLE XIII, remains unchanged]====
-ADMINISTRATION AND MANAGEMENT:
+====ARTICLE XIV ADMINISTRATION AND MANAGEMENT:====
 Amended to omit:
 References to: filing a deed with the Association in paragraph one.
 Reference to owner of duplex.
-[ARTICLE XV, MANAGING AGENT, remains unchanged]
+====[ARTICLE XV, MANAGING AGENT, remains unchanged]====
-Page 5, Woodtique Heights Condominium Declaration Amendments
+====ARTICLE XVI WARRANTIES:====
-ARTICLE XVI
-WARRANTIES:
 Amended to omit:
 References to Declarant and sales agreement with Declarant.
-ARTICLE XVII
+====ARTICLE XVII SUCCESSOR INTERESTS:====
-SUCCESSOR INTERESTS:
 Amended to omit:
 References to Declarant
-ARTICLE XIX
+====ARTICLE XIX DEFINITIONS:====
-DEFINITIONS:
+===[Sections I through V remain unchanged]===
-[Sections I through V remain unchanged]
+===Section VI: “Majority” or “Majority of Unit Owners”===
-Section VI: “Majority” or “Majority of Unit Owners”
 Amended to omit:
 References to duplex.
-[Sections VII through XI remain unchanged]
+===[Sections VII through XI remain unchanged]===
-ARTICLE XX
+====ARTICLE XX CONDITIONS, COVENANTS, AND RESTRICTIONS:====
-CONDITIONS, COVENANTS, AND RESTRICTIONS:
 Amended to replace:
 Declarant with “Association”
-[PROPERTY RIGHTS remains unchanged]
+===[PROPERTY RIGHTS remains unchanged] ===
-MEMBERSHIP AND VOTING RIGHTS
+===MEMBERSHIP AND VOTING RIGHTS ===
-[Section 1, remains unchanged]
+==[Section 1, remains unchanged]==
-Section 2.
+==Section 2.==
 Amended to omit:
 References to owner of duplex.
-Page 6, Woodtique Heights Condominium Declaration Amendments
+===CONVENANT FOR MAINTENANCE ASSESSMENT===
-CONVENANT FOR MAINTENANCE ASSESSMENT
+==Section 1. Creation of the Lien and Personal Obligation of Assessments.==
-Section 1. Creation of the Lien and Personal Obligation of Assessments.
 Amended to replace:
 Declarant with “Association”
@@ Line 566: / Line 545: @@
 Amended to replace annual to “monthly”:
 Amended to Include “late fees” as a cost.
-[Section 2. Purpose of Assessments remains unchanged]
+==[Section 2. Purpose of Assessments remains unchanged]==
-Section 3. Maximum Annual Assessment.
+==Section 3. Maximum Annual Assessment.==
 Amended to replace:
 annual with “Monthly”
@@ Line 574: / Line 553: @@
 (a) Amended to replace annual with “monthly”
 (b) Amended to omit quarterly and annual
-Section 4. Special Assessments for Capital Improvements.
+==Section 4. Special Assessments for Capital Improvements.==
 Amended to replace:
 annual with “monthly”
-Section 5. Notice and Quorum For Any Action Authorized Under Section 4.
+==Section 5. Notice and Quorum For Any Action Authorized Under Section 4.==
 Amended to omit:
 “requirement” (in second sentence following….same notice)
-Section 6. Rate of Assessment.
+==Section 6. Rate of Assessment.==
 Amended to replace:
 annual with “monthly”.
-Section 7. Date of Commencement of Assessments: Due Dates:
+==Section 7. Date of Commencement of Assessments: Due Dates:==
 Amended to omit:
 Annual references throughout the section
@@ Line 589: / Line 568: @@
 Amended to replace:
 Annual with “special”, (in wording relating to the Written Notice sentence)
-Page 7, Woodtique Heights Condominium Declaration Amendments
+==Section 8. Effect of Nonpayment of Assessments: Remedies of the Association.==
-Section 8. Effect of Nonpayment of Assessments: Remedies of the Association.
 Amended to include:
 “a late fee established by the Board of Directors and” interest from….
-[Section 9 remains unchanged]
+==[Section 9 remains unchanged] ==
-[GENERAL PROVISIONS, sections 1 through 3 remain unchanged]
+==[GENERAL PROVISIONS, sections 1 through 3 remain unchanged] ==
-PARTY WALLS
+===PARTY WALLS===
-[Sections 1 through 5 remain unchanged]
+==[Sections 1 through 5 remain unchanged]==
-Section 6 Arbitration.
+==Section 6 Arbitration. ==
 Amended to omit:
 Description of arbitration, last sentence of Section 6.
-Section 7 Encroachments:
+==Section 7 Encroachments: ==
 Amended to omit:
 Reference to Declarant
-ARCHITECTURAL CONTROL
+===ARCHITECTURAL CONTROL===
-Section 1.
+==Section 1.==
 Amended to omit:
 reference to representative designated by Committee and
 replace with “the Board of Directors”
-Section 2.
+==Section 2.==
 Amended to omit:
 References to the initial Architectural Committee.
-[Section 3 remains unchanged]
+==[Section 3 remains unchanged]==
-EXTERIOR MAINTENANCE
+===EXTERIOR MAINTENANCE===
-Section 1. Maintenance of Common Areas and Exterior Maintenance.
+==Section 1. Maintenance of Common Areas and Exterior Maintenance.==
 Amended to Include:
 Following the statement: … keeping in good order and repair the interior of his
 own unit, Add: “and all materials from the inner walls of building inward,
 including any rear patio slab, patio deck work” or balcony appurtenant to the unit.
-Page 8, Woodtique Heights Condominium Declaration Amendments
+==Section 2. Insurance.==
-Section 2. Insurance.
+  *  (a) Amended to Omit: All references to Declarant Insurance coverage by the Association of any real and personal property Insurance coverage by the Association of property attached to the building A deductible not in excess of $500 The cost of insurance prorated according to the value of the unit
-(a) Amended to Omit:
+  * (b) Amended to Omit: The Association insuring the declarant and management agent
-All references to Declarant
+  * [Subsections %%(c)%% through (e) remain unchanged]
-Insurance coverage by the Association of any real and personal property
+  * (f) Amended to Include: insecond sentence following – insurance covering his personal….. add: “and real property and fixtures including but not limited to wall, cabinets, and appliances. The unit owner will provide proof of insurance to the Association” (wording that follows is omitted).
-Insurance coverage by the Association of property attached to the building
+  * (g) Amended to Omit: Reference to Paymentsheld in separate escrow accounts and used solely for payment of insurance.
-A deductible not in excess of $500
+===USE RESTRICTIONS===
-The cost of insurance prorated according to the value of the unit
+==[Section 1remains unchanged]==
-(b) Amended to Omit:
+==Section 2.==
-The Association insuring the declarant and management agent
-[Subsections (c) through (e) remain unchanged]
-(f) Amended to Include: insecond sentence following – insurance covering his
-personal….. add:
-“and real property and fixtures including but not limited to wall, cabinets, and
-appliances. The unit owner will provide proof of insurance to the Association”.
-(wording that follows is omitted).
-(g) Amended to Omit:
-Reference to Paymentsheld in separate escrow accounts and used solely for
-payment of insurance.
-USE RESTRICTIONS
-[Section 1remains unchanged]
-Section 2.
 Amended to omit:
 reference to an enclosed garage. (complex has no garages)
-[Section 3. remains unchanged]
+==[Section 3. remains unchanged]==
-Section 4.
+==Section 4.==
 Amended to include:
 “or Board of Directors” may provide authorization
-Section 5.
+==Section 5.==
 Amended to include:
 “stairs and entryways” must not be obstructed.
-[Section 6 remains unchanged]
+==[Section 6 remains unchanged]==
-Page 9, Woodtique Heights Condominium Declaration Amendments
+===EASEMENTS===
-EASEMENTS
 Amended to change Declarant to “Association”
-[Section Titled “Enforcement” remains unchanged]
+==[Section Titled “Enforcement” remains unchanged]==
-NO RIGHT OF REVERSION
+===NO RIGHT OF REVERSION===
-Amended to change Declarant to “The Association”
+Amended to change Declarant to “The Association” \\
+\\
+=====2022 Amendment to the Declaration of Unit Ownership of Woodtique Heights HOA. Recorded by Lane County Clerk and Lane County Deeds and Records on September 27, 2022. =====
+====Article XII, Rules and Regulations for Woodtique Heights Homeowner’s Association, of the Declaration is amended to add the following language: ====
+===Leasing and Rental of units. ===
+The following restrictions apply to the renting and leasing of units within the Condominium.
+Definitions.  As used in this Section:
+“Renting or leasing a unit” or “To rent or lease a unit” means to grant a right to use or occupy a unit for a specific term or indefinite term in exchange for the payment of rent (money, property or other goods or services of value). “Renting or Leasing a unit” or “To Rent or Lease a unit” does not mean:
+Joint ownership of a unit by means of joint tenancy, tenancy-in-common or other forms of co-ownership; or
+An agreement between the Owner and a roommate under which the Owner and another person or persons share joint use of the unit.
+“Tenant” means a person who is granted the right to use or occupy a unit as described in Subsection 1(a) above.
+Renting and Leasing Restrictions.  The following restrictions apply to the renting or leasing of units
+An Owner may not rent or lease less than the entire unit.
+A unit may not be rented, leased or otherwise used for transient or hotel purposes.
+A unit may not be rented or leased for a period of less than thirty (30) consecutive days.
+All leases or rentals shall be by written lease agreement, which shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration and Bylaws, and that any failure by the lessee or tenant to comply with the terms of such documents shall be a default under the lease. If the Board of Directors finds that a lessee or tenant has violated any provision of the Declaration, Bylaws or the rules and regulations, the Board may require the unit owner to terminate such lease or rental agreement.
+Rules and Enforcement.
+Adoption of Rules. Pursuant to the Declaration and Bylaws, as well as ORS 100.405(4)(a), the Board of Directors shall adopt by resolution rules as it deems necessary to implement the provisions of these Sections 1 through 4.
+Enforcement. The Board shall have the authority to enforce the provisions of this Amendment, the Declaration and Bylaws, and any rules and regulations adopted by the Board relating to the renting and leasing of units. Remedies include, but are not limited to, assessing fines against violating Owners, bringing an action to terminate the rental or lease agreement and requiring the Owner to remove the tenant.
+Attorney Fees. All costs, including reasonable attorney fees, incurred in taking any enforcement action under Subsection (b) above shall be assessed against the Owner and collected in accordance with the Declaration and Bylaws, ORS 100.405(4)(k) and ORS 100.470.
+ORS Chapter 90 Not Applicable.  Nothing in this article may be construed to impose on the Association the duties, responsibilities or liabilities of a landlord under ORS Chapter 90 or subject the Association to any requirements of ORS Chapter 90.
+Except as otherwise indicated, all other provisions of the Declaration remain unchanged.
 IN WITNESS WHEREOF, the Association has upon the day and year first written
 above caused these presents to be executed and does hereby submit Amendments
 to the Declaration of Unit Ownership of Woodtique Heights.
-REQUIRED SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON
-THE FOLLOWING PAGE.

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