Questions on Vote Extension

We as a Board have received some questions about the extension of the vote, specifically whether the vote can be extended when conducting the vote by secret ballot. We have consulted with the Association’s legal counsel, who informed us that the Oregon Planned Community Act expressly allows the Board to extend the vote even when voting by secret ballot. Because there are a large number of members in Surf Pines, it presents a challenge in getting a full voter turnout. Our goal is to give members ample opportunity to vote, and we have therefore decided as a Board to extend the voting deadline in accordance with Oregon law. No ballots will be opened or tallied until the new voting deadline.

Respectfully yours,

Your Surf Pines Board

Below are the relevant statutes in 94.647:

(4)          All solicitations for votes by written ballot shall state the following:

. . . 

(c) The period during which the association will accept written ballots for counting in accordance with subsection (5) of this section.

(5)          (a) The association shall accept written ballots for counting during the period specified in the solicitation under subsection (4) of this section.

                (b) If the vote is by secrecy procedure under subsection (2)(b) of this section, the period shall end on the date specified in the solicitation or any extension under paragraph (c) of this subsection.

(c) Except as otherwise provided in the declaration or bylaws, in the discretion of the board of directors, if a date certain is specified in the solicitation under subsection (4) of this section, the period may be extended by written notice of the extension given to all owners before the end of the specified date certain.

           Subsection (5)(b) clearly states that extensions of the vote may be made even when conducting the vote by secrecy procedures.