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--- declaration_of_unit_ownership [2015/08/09 08:14] – [FIRST AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR WOODTIQUE HEIGHTS CONDOMINIUMS] 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====
@@ Line 498: / Line 507: @@
 Amended to omit:
 References to “carports”.
 ====[ARTICLE XIII, remains unchanged]====
 ====ARTICLE XIV ADMINISTRATION AND MANAGEMENT:====
@@ Line 519: / Line 529: @@
 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.
-====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 535: / 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 543: / 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 558: / 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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