Ord 1769COUNCIL BILL NO, 655
ORDINA~~CE N0, 1769
APJ ORDINANCE PROVIDING FOR THE CREATION AND REGULATIOPJ OF HOME OWNER ASSOCIATIONS
BY ADDING CHAPTER 13 TO THE WOODBURN ZONING ORDIPJANCEa AMEidDING SECTIONS 14 630
AND 36.100 AND REPEALIPJG SUBSECTION (a) OF SECTIOPJ 14,100, SECTIOPJ 14' 64o A6JD
SECTION 14.650.
THE PEOPLE OF THE CITY OF UlOODBURN DO ORDAIN:
Section 1, Ordinance No, 1344 is amended to repeal subsection (a)
of Section 14,100, Section 14,640 and Section 14,650,
Section 2, Section 14.630 of Ordinance No, 1344 is amended to read
as follows:
"Section 14,630. NOME- OWNER ASSOCIATION, The requirement as
described in Chapter 13 o this orUinance shall be observed,"
Section 3, Section 36.100 of Ordinance No, 1344 is amended to read
as follows:
"Section 36,100. FIOP4JE OWi~lER ASSOCIATION. The requirement as
described in Chapter 13 of this ordinance shall be observed "
Suction 4. Ordinance ~Jo. 1344 is amended by adding a new chapter,
as follows:
"Chapter 13. HOME OWPJER ASSOCIATIOf~J,
Section 13,010, Home Owner-Associations WHOA],
A home owner association is a private, nonprofit corporation,
Membership in the association shall consist of all homeowners
within the development area, The purpose of a home owner
association is to own, operate and maintain various common
properties such as open space, private streets and recreational
facilities Legal title to the common property is held by the
corporatio n
Section 13100, Acce Lance of HOA,
Final approval of a deve opment c7n orparating a home owner
associatia~~i shall not be given until the following are accepted
by the ~~loodburn Planning Commissian:
Page 1 - COU~JCIL BILL iJO. 555
ORDIh;Aa~JCE oJO. 1769
(a} the proposed articles. of incorporation,
(b} the proposed declaration of covenants, conditions and
restrictions, including the establishment of a reserve
account,
~c) a proposed statement of disclosure for prospective buyers
listing all costs, membership responsibilities and periodic
assessment fees,
~d} a proposed instrument of agreement between the City of
~voodburn and the home owner association listing the
rights and responsibilities of each. party to the agreement,
Section 13.200. Amendment of Articles.
~~~o amendment shall be made to the articles of incorporation nor
shall an HOA be dissolved unless approved by the ~~loodburn Planning
Commission.
Section 13.300. Applicability.
All planned unit developments,-conservation and renewable energy
housing developments, condominiums and apartment conversions to
condominiums which incorporate common ownership or maintenance
are subject to the requirements of this chapter.
Section 13.4OO. Records. An NOA shall promptly, upon request,
furnish. the City of !~oodburn with association records, including
current lists of officers and members, and their mailing addresses.
Section 13.500, Liabilities. The City of ~~loodburn shall not be
responsible for any costs on liabilities. assumed by an ~{OA. Should
an HOA fail to maintain common property as required by the articles,
covenants, or agreement required by Section 13.100, the City of
G~aodburn may cause the maintenance of common property to be made
and such costs shall become alien upon the real property of the
individual members of the FlOA.
Section 13.600. Review. All decisions of the ~^Joodburn Planning
Commission shall bebe e wed by the Common Council.
A proved a s to form : ; ,r ,,~,~~ `~ a ~~ °x~,.;~: ~, ~ ' ° ~ ~:
p
'~ `' ~ t A to:rney , . _ ~ .ate ,,
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Passed by the Council
Submitted to the r~a,yor
Approved by the ~~ayor
Filed in the Office of the Recorder
APPROVED: ~`" ~ r
E. h1 .L E~ LA~~lS , ~~A OR
October 26, 1981
October 27 , 1981
October 27 , 1981
October 27 , 19~s1
ATTEST : ,~ .: ,
arney O 8u is, recorder ~~
Ciiy of goodburn, Oregon
Page 2 - COU~~ICIL BILL ~`a0. 655
0!?DI~~aA~~ICE -;l0, 1769
I, BARNEY 0, BURRIS, Recorder of the City of Woodburn, do hereby
certify that I caused to be posted three copies of Ordinance No. 1769,
one of which said copies posted in the City E1a11 on the bulletin board
adjacent to the entrance to the Recorder's Office, in fu11 view of the
traveling public; a second one of said copies posted on the Woodburn
Public Library bulletin board at 280 Garfield St., in full view of the
traveling public; a third one of said copies posted on the Woodburn
Comr~~unity Center bulletin board at 491 N. Third St., in full vieur of
the traveling public; that all of said places are public places within
the corporate 1 ir~i is of the City of Woodburn and al 1 of sai d co;~i es
were posted on the 30th day of October 1981.
arney 0. urr s, Recorder
City of Woodburn, Oregon