ORS 100.110
Approval of declaration, supplemental declaration or amendment required

  • prerequisites
  • fee

(1)

Intentionally left blank —Ed.

(a)

Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county assessor of the county in which the property is located and the Real Estate Commissioner.

(b)

Before a declaration, supplemental declaration or, if required under subsection (3) of this section, an amendment thereto may be recorded, it must be approved by the tax collector of the county in which the property is located.

(c)

A declaration, supplemental declaration or amendment thereto may not be approved unless the requirements of subsections (2) to (7) of this section are met. Approval must be evidenced by execution of the declaration or amendment or by a written approval attached thereto.

(d)

If the requirements of subsections (2) to (7) of this section are met, the commissioner, county assessor and tax collector, if applicable:

(A)

Shall approve the declaration, supplemental declaration or amendment; and

(B)

May not impose additional requirements not specified in subsections (2) to (7) of this section.

(2)

The county assessor of the county in which the property is located shall approve a declaration, supplemental declaration or amendment thereto if:

(a)

The name complies with ORS 100.105 (Contents of declaration) (5) and (6); and

(b)

The plat complies with the requirements of ORS 100.115 (Recording declaration and plat) or the plat amendment complies with ORS 100.116 (Plat amendment).

(3)

The tax collector of the county in which the property is located shall approve the declaration or supplemental declaration, or an amendment that adds property to the condominium, changes the boundary of a unit or creates an additional unit from all or parts of other units or from all or parts of other units and common elements for which a plat amendment is required under ORS 100.116 (Plat amendment), if:

(a)

All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll for the affected units that have or will become a lien upon the property during the tax year have been paid;

(b)

Advance payment of ad valorem taxes, special assessments, fees or other charges for the affected units that are not on the tax roll and for which payment is required under paragraph (a) of this subsection has been made to the tax collector utilizing the procedures contained in ORS 92.095 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) and 311.370 (Receipts for taxes collected in advance of extension on the tax roll); and

(c)

The additional taxes, penalty, and any interest attributable thereto, required because of disqualification of the affected units from any special assessment have been paid.

(4)

Subject to subsection (6) of this section, the commissioner shall approve the declaration or amendment thereto if:

(a)

The declaration or the amendment thereto complies with the requirements of ORS 100.105 (Contents of declaration) and 100.135 (Amendments to declaration) and other provisions of this chapter;

(b)

The bylaws adopted under ORS 100.410 (Adoption of bylaws) comply with the requirements of ORS 100.410 (Adoption of bylaws) and 100.415 (Contents of bylaws) and other provisions of this chapter;

(c)

The plat complies with the requirements of ORS 100.115 (Recording declaration and plat) or the plat amendment complies with ORS 100.116 (Plat amendment) and other provisions of this chapter;

(d)

The declaration is for a conversion condominium and the declarant has submitted:

(A)

An affidavit that the notice of conversion was given in accordance with ORS 100.305 (Conversion condominium) and that the notice period has expired;

(B)

An affidavit that the notice of conversion was given in accordance with ORS 100.305 (Conversion condominium) and copies of the written consent of any tenants as provided in ORS 100.305 (Conversion condominium) (6) or a signed statement that no tenants were entitled to notice under ORS 100.305 (Conversion condominium); or

(C)

Any applicable combination of the requirements of subparagraphs (A) and (B) of this paragraph;

(e)

A copy of the plat executed by the declarant and prepared in conformance with ORS 100.115 (Recording declaration and plat) or plat amendment prepared in conformance with ORS 100.116 (Plat amendment) is submitted;

(f)

A certification of plat execution, on a form prescribed and furnished by the commissioner, is:

(A)

Executed by the declarant, the professional land surveyor who signed the surveyor’s certificate on the plat, the attorney for the declarant, a representative of the title insurance company that issued the information required under ORS 100.640 (Filing) (1)(e) or 100.668 (Documents and information included with filing) (2)(d) or another person authorized by the declarant in writing to execute the certification; and

(B)

Submitted stating that the copy is a true copy of the plat signed by the declarant; and

(g)

A copy of a reserve study has been submitted, if a disclosure statement was issued under ORS 100.655 (Disclosure statement) and the reserve study was not included pursuant to ORS 100.640 (Filing) (1)(g).

(5)

The commissioner shall approve a supplemental declaration if:

(a)

The supplemental declaration complies with the requirements of ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property) and other provisions of this chapter;

(b)

The supplemental plat complies with the requirements of ORS 100.115 (Recording declaration and plat);

(c)

The supplemental declaration is for a conversion condominium and the declarant has complied with the requirements of subsection (4)(d) of this section; and

(d)

A copy of the supplemental plat and a certification of plat execution described in subsection (4)(e) and (f) of this section have been submitted.

(6)

Approval by the commissioner is not required for an amendment to a declaration transferring the right of use of a limited common element pursuant to ORS 100.515 (Interest of units in common elements) (5).

(7)

Before the commissioner approves the declaration, supplemental declaration or amendment thereto under this section:

(a)

The declarant or other person requesting approval shall pay to the commissioner a fee determined by the commissioner under ORS 100.670 (Fees); and

(b)

For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS 100.260 (Condominium Information and Annual Reports) must be designated current by the Real Estate Agency as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) and the fee required under ORS 100.670 (Fees) must be paid.

(8)

If the declaration, supplemental declaration or amendment thereto approved by the commissioner under subsection (4) or (5) of this section is not recorded in accordance with ORS 100.115 (Recording declaration and plat) within one year from the date of approval by the commissioner, the approval automatically expires and the declaration, supplemental declaration or amendment thereto must be resubmitted for approval in accordance with this section. The commissioner’s approval must set forth the date on which the approval expires. [Formerly 94.036; 1991 c.459 §339; 1993 c.270 §1; 1997 c.816 §4; 1999 c.677 §41; 2001 c.756 §27; 2009 c.641 §40; 2019 c.69 §4]

Source: Section 100.110 — Approval of declaration, supplemental declaration or amendment required; prerequisites; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html.

100.005
Definitions 100.010
Short title 100.015
Rules 100.020
Condominium provisions 100.022
Application of zoning, subdivision, building code or real property law to condominium 100.023
Void and unenforceable provisions of condominium governing document 100.025
Rule against perpetuities 100.100
Property submitted to unit ownership by declaration 100.102
Leasehold condominium submitted to unit ownership 100.103
Effect of submission of leasehold condominium to unit ownership 100.105
Contents of declaration 100.110
Approval of declaration, supplemental declaration or amendment required 100.115
Recording declaration and plat 100.116
Plat amendment 100.117
Correction amendment to declaration or bylaws 100.118
Correction amendment to condominium plat 100.119
Restated declaration 100.120
Supplemental declaration and plat required to annex additional property or reclassify variable property 100.122
Declaration prevails over inconsistent provisions of bylaws or articles of incorporation 100.123
Authority to amend declaration or bylaws to comply with federal or state law 100.125
Annexation of additional property 100.130
Relocation of unit boundaries and common elements by amendment to declaration 100.135
Amendments to declaration 100.140
Temporary relocation of floating structure 100.150
Declarant’s options until termination date 100.155
Variable property 100.170
Easement held by declarant 100.175
Reserve account for maintaining, repairing and replacing common elements 100.185
Express warranties 100.200
Declarant control of association 100.205
Transitional committee 100.210
Turnover meeting 100.220
Liabilities and obligations arising from transfer of special declarant right 100.225
Acquisition of special declarant rights by successor declarant 100.250
Documents required to be filed with Real Estate Agency 100.255
Processing of documents filed with Real Estate Agency 100.260
Condominium Information and Annual Reports 100.265
Annual Report 100.275
Application of ORS 100.250 to 100.280 100.280
Termination of filing Condominium Information Report 100.285
Resignation of designated agent 100.290
Rules 100.300
Inapplicability of ORS 100.301 to 100.320 to transient lodgings 100.301
Definitions for ORS 100.301 to 100.320 100.305
Conversion condominium 100.310
Rights of tenants in conversion 100.315
Improvements in conversion condominium during notice period 100.320
Authority of city or county to require developer to pay tenant moving expenses 100.405
Association of unit owners 100.407
Annual and special meetings of association 100.408
Quorum for meeting of association 100.409
Rules of order 100.410
Adoption of bylaws 100.411
Restated bylaws 100.413
Approval of amended or restated bylaws 100.415
Contents of bylaws 100.416
Criteria for board of directors membership 100.417
Board of directors of association 100.418
Receivership for failure of association to fill vacancies on board of directors 100.419
Assent of director to board action 100.420
Board meetings 100.423
Electronic notice to owner or director 100.425
Use of written ballot for approving or rejecting matters subject to meeting of unit owners 100.427
Methods of voting 100.428
Electronic ballot 100.430
Unit deeds 100.435
Insurance for individual units and common elements 100.440
Liens against property 100.445
Independent default clauses 100.450
Association lien against individual unit 100.460
Foreclosure against unit 100.465
Circumstances in which deed in lieu of foreclosure extinguishes lien 100.470
Lien foreclosure 100.475
Personal liability for assessment 100.480
Maintaining documents and records 100.481
Application of ORS 100.480 100.483
Annual budget 100.485
Duration and termination of initial management agreements and service and employment contracts 100.490
Notice to unit owners of intent of association to commence judicial or administrative proceedings 100.505
Status and ownership of units 100.510
Units and common elements distinguished 100.515
Interest of units in common elements 100.520
Easement held by units and common elements 100.525
Voting or consenting 100.530
Allocation of common profits and expenses 100.535
Maintenance and improvement of units 100.540
Use and maintenance of common elements 100.545
Compliance with bylaws and other restrictions 100.550
Service of process 100.555
Taxation of units 100.600
Termination of association or removal of real property by unit owners 100.605
Removal of property from association 100.610
Common ownership of property removed from unit ownership 100.615
Action for partition 100.620
Termination or removal no bar to resubmission 100.625
Procedure for dividing or converting units 100.626
Legislative findings 100.627
Electric vehicle charging stations 100.635
Filing with commissioner 100.640
Filing 100.645
Filing information to be kept current 100.650
Service of process on nonresident developer 100.655
Disclosure statement 100.658
Limited residential condominium filing 100.660
Nonresidential condominium or security filing 100.665
Exemption to certain disclosure and notice requirements 100.668
Documents and information included with filing 100.670
Fees 100.675
Inventory of filing 100.680
Escrow of unit sales agreement 100.685
Contents of unit sales agreement 100.700
Inspection of condominium 100.705
Sale prohibited prior to issuance of disclosure statement 100.710
Inspection deposit 100.720
Conditions prerequisite to sale 100.725
Documents prerequisite to execution of sale agreement and conveyance of unit 100.730
Cancellation of sale of unit 100.735
Waiver of right to cancel 100.740
Notice to purchaser of cancellation rights 100.745
Escrow documents required of successor to vendor’s interest 100.750
Inspection of records 100.770
Fraud and deceit prohibited 100.775
False or misleading advertising prohibited 100.780
Waiver of legal rights void 100.785
Blanket encumbrance prohibited 100.900
Civil penalty 100.905
Cease and desist order 100.910
Use of fees 100.920
Changes or actions that require approval or consent of mortgagee 100.990
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 100.110’s source at oregon​.gov