1. (1) Subject to subsection (3) of this section, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or unit owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

2. (2) The request must:

   1. (a) Be in writing.
   2. (b) Name the mortgagor.
   3. (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address.
   4. (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.
   5. (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested.

3. (3) This section does not apply to:

   1. (a) The consent of a mortgagee required under ORS 100.100 or 100.600.
   2. (b) The extent a provision in the declaration or bylaws prescribes a different procedure for approval or consent.

[2011 c.532 §15]