Oregon Statutes 100.658 – Limited residential condominium filing
(1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS § 100.635 may request approval of the declaration and bylaws or a supplemental declaration by:
Terms Used In Oregon Statutes 100.658
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Developer: means a declarant or any person that acquires an interest in a condominium from declarant, successor declarant or subsequent developer for the primary purpose of resale. See Oregon Statutes 100.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Submitting the fee required by ORS § 100.670; and
(b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.
(2) A limited residential condominium filing must include:
(a) General information, provided on a form prescribed and furnished by the commissioner, including:
(A) The name and address of the condominium and the county in which the condominium is located.
(B) The name, address and telephone number of the declarant and any agent of the declarant.
(b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS § 100.668 (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:
(A) Agree to comply with ORS § 100.660, 100.705, 100.725 and 100.740 before the declarant sells any unit in the condominium;
(B) Assert understanding that violations of ORS § 100.660, 100.705, 100.725 or 100.740 are subject to civil penalties and sanctions under ORS § 100.900 and 100.905 and criminal penalties under ORS § 100.990; and
(C) Assert understanding that violations of ORS § 100.705 are subject to ORS § 646.605 to 646.656 in addition to any other sanctions provided by law.
(3) After review of the limited residential condominium filing filed under this section, the commissioner may require the declarant to file additional documents and information related to the limited residential condominium filing that the commissioner deems necessary to review and approve the declaration and bylaws or a supplemental declaration under this chapter. [2019 c.69 § 20]
100.658 was added to and made a part of ORS Chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.