Resolutions: To Mail or Not to Mail?

Community associations in Oregon sometimes desire to clarify, supplement, or add to their governing documents.  Depending on the circumstances, an association may be able to accomplish these or similar goals through the adoption of a resolution.  Resolutions are referenced in various sections throughout the Oregon Planned Community Act and the Oregon Condominium Act, but those statutes only specify that some of those resolutions must be either delivered to each owner or mailed to the mailing address of each owner.  We were recently asked which resolutions are required to be delivered or mailed to owners under Oregon law, and without further ado, that list is as follows:

  • Collections Resolutions (resolutions that impose charges for late payment of assessments and attorney fees related to the collection of assessments);
  • Fine/Enforcement Resolutions (resolutions that set forth reasonable fines for violation of the declaration, bylaws, and rules and regulations of the association); and
  • Insurance Resolutions (resolutions relating to an association’s insurance deductible, the responsibility for payment of an association’s insurance deductible, and other matters relating to insurance as set forth in ORS 94.675, ORS 94.676, and ORS 100.435). 

Although the list above may seem short, please note that an association’s governing documents could expand this list.  Further, and even if a specific type of resolution is not required to be delivered or mailed to each owner by Oregon law or an association’s governing documents, the best practice is to ensure that resolutions (especially resolutions setting forth rules) are either provided to or easily accessible to owners.  And if mailing a resolution to each owner seems outdated, the Oregon Planned Community Act and the Oregon Condominium Act indicate that any notice, information, or other written material required to be given to an owner under either Act (including the resolutions noted above, but excluding other types of notices), may be given by electronic mail, facsimile, or other form of electronic communication.  If an association opts to provide electronic notice, the association should also maintain a list of owners that have declined such notice to ensure those owners receive a copy of the requisite notices via mail.