ORS 100.640
Filing
- required documents and information
(1)
The following documents and information must be submitted to the Real Estate Commissioner as part of the filing required under ORS 100.635 (Filing with commissioner):(a)
A copy of the proposed or recorded declaration or supplemental declaration of condominium ownership drawn in conformance with ORS 100.105 (Contents of declaration) or 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property), or the law applicable in the state where the condominium was created;(b)
A copy of the proposed or recorded bylaws drawn in conformance with ORS 100.415 (Contents of bylaws) or the law applicable in the state where the condominium was created;(c)
A copy of the full size plat prepared in conformance with ORS 100.115 (Recording declaration and plat) (1) or the law applicable in the state where the condominium was created, or a copy of the proposed site plan showing unit designations and locations;(d)
A statement from the county assessor or county surveyor that the name for the condominium is acceptable under ORS 100.105 (Contents of declaration) (6);(e)
A copy of a preliminary title report, title insurance policy or condominium guarantee that has been issued within the preceding 30 days, including a map showing the location of property described in the report, policy or guarantee or other evidence of title satisfactory to the commissioner;(f)
A copy of all restrictive covenants, reservations or other documents that may create an encumbrance on or limit the use of the property other than those restrictions contained in the declaration or bylaws;(g)
Subject to subsection (2) of this section and unless the information is contained in the disclosure statement, a copy of the reserve study required by ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) and other sources of information that serve as a basis for calculating reserves in accordance with ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements);(h)
A sample form of a unit sales agreement, including the notice to purchaser of cancellation rights in accordance with ORS 100.730 (Cancellation of sale of unit) and 100.740 (Notice to purchaser of cancellation rights), the statement required by ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (2) and any warranty required under ORS 100.185 (Express warranties);(i)
A sample form of a receipt for documents required under ORS 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit);(j)
A copy of the escrow agreement drawn in conformance with ORS 100.680 (Escrow of unit sales agreement) and executed by both the declarant and the escrow agent if required by ORS 100.680 (Escrow of unit sales agreement);(k)
If individual escrow agreements or instructions will be executed by the purchaser and are required by ORS 100.680 (Escrow of unit sales agreement), other than the standard escrow instruction required by the escrow agent, a sample form and a letter from the escrow agent, agreeing to the establishment of the escrows and the procedure set forth in the sample form;(L)
A unit sales agreement drawn in conformance with ORS 100.685 (Contents of unit sales agreement);(m)
If any of the sales will be by means of an installment contract of sale:(A)
A copy of the escrow agreement or escrow instructions executed by the developer and the escrow agent providing for the establishment of collection escrows and the deposit of documents in accordance with ORS 100.720 (Conditions prerequisite to sale); and(B)
The proposed installment contract of sale form, if available;(n)
Any other documents by which the purchasers will be bound;(o)
Any report or disclosure statement issued for the condominium, by the federal government and any other state; and(p)
A statement of any additional facts or information that the developer desires to submit to the commissioner.(2)
If a disclosure statement required under ORS 100.655 (Disclosure statement) must be adopted and issued before real property may be submitted to the condominium, a reserve study under ORS 100.175 (Reserve account for maintaining, repairing and replacing common elements) is not required if the disclosure statement includes the information specified in ORS 100.655 (Disclosure statement) (1)(h)(C). [Formerly 94.353; 1997 c.816 §13; 2001 c.756 §53; 2007 c.409 §35; 2007 c.410 §20; 2009 c.641 §48; 2019 c.69 §22]
Source:
Section 100.640 — Filing; required documents and information, https://www.oregonlegislature.gov/bills_laws/ors/ors100.html
.