Oregon Statutes 100.105 – Contents of declaration; property name; variable property description
(1) A declaration must contain:
Terms Used In Oregon Statutes 100.105
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Building: means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. See Oregon Statutes 100.005
- Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
- Common elements: means the general common elements and the limited common elements. 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
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100. See Oregon Statutes 100.005
- Leasehold: means the interest of a person, firm or corporation that is the lessee under a lease from the owner in fee and that files a declaration creating a condominium under ORS § 100. See Oregon Statutes 100.005
- Limited common elements: means those common elements designated in the declaration, as reserved for the use of a certain unit or number of units, to the exclusion of the other units. See Oregon Statutes 100.005
- Nonwithdrawable variable property: means property which pursuant to ORS § 100. See Oregon Statutes 100.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
- Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
- Service of process: The service of writs or summonses to the appropriate party.
- Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
- Unit designation: means the number, letter or combination thereof designating a unit in the declaration and on the plat. See Oregon Statutes 100.005
- Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
- Violate: includes failure to comply. See Oregon Statutes 174.100
- Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
(a) A description of the property, including property on which a unit or a limited common element is located, whether held in fee simple, leasehold, easement or other interest or combination thereof, that is being submitted to the condominium form of ownership and that conforms to the description in the surveyor’s certificate provided under ORS § 100.115 (1).
(b) Subject to subsection (11) of this section, a statement of the interest in the property being submitted to the condominium form of ownership, whether fee simple, leasehold, easement or other interest or combination thereof.
(c) Subject to subsections (5) and (6) of this section, the name by which the property is known and a general description of each unit and the building or buildings, including the number of stories and basements of each building, the total number of units and the principal materials of which they are constructed.
(d) The unit designation, a statement that the location of each unit is shown on the plat, a description of the boundaries and area in square feet of each unit and any other data necessary for proper identification. The area of a unit must be the same as shown for that unit on the plat described in ORS § 100.115 (1).
(e) A notice in substantially the following form in at least 12-point type in all capitals or boldface:
______________________________________________________________________________
NOTICE
THE SQUARE FOOTAGE AREAS STATED IN THIS DECLARATION AND THE PLAT ARE BASED ON THE BOUNDARIES OF THE UNITS AS DESCRIBED IN THIS DECLARATION AND MAY VARY FROM THE AREA OF UNITS CALCULATED FOR OTHER PURPOSES.
______________________________________________________________________________
(f) A description of the general common elements.
(g) An allocation to each unit of an undivided interest in the common elements in accordance with ORS § 100.515 and the method used to establish the allocation.
(h) The designation of any limited common elements including:
(A) A general statement of the nature of the limited common element;
(B) A statement of the unit to which the use of each limited common element is reserved, provided the statement is not a reference to an assignment of use specified on the plat; and
(C) The allocation of use of any limited common element appertaining to more than one unit.
(i) The method of determining liability for common expenses and right to common profits in accordance with ORS § 100.530.
(j) The voting rights allocated to each unit in accordance with ORS § 100.525 or, in the case of condominium units committed as property in a timeshare plan defined in ORS § 94.803, the voting rights allocated in the timeshare instrument.
(k) A statement of the general nature of use, residential or otherwise, for which the building or buildings and each of the units is intended.
(L) A statement that the designated agent to receive service of process in cases provided in ORS § 100.550 (1) is named in the Condominium Information Report which will be filed with the Real Estate Agency in accordance with ORS § 100.250 (1)(a).
(m) The method of amending the declaration and the percentage of voting rights required to approve an amendment of the declaration in accordance with ORS § 100.135.
(n) A statement as to whether or not the association of unit owners pursuant to ORS § 100.405 (5) and (8) has authority to grant leases, easements, rights of way, licenses and other similar interests affecting the general and limited common elements of the condominium and consent to vacation of roadways within and adjacent to the condominium.
(o) If the condominium contains a floating structure described in ORS § 100.020 (3), a statement regarding the authority of the board of directors of the association, subject to ORS § 100.410, to temporarily relocate the floating structure without a majority vote of affected unit owners.
(p) Any restrictions on alienation of units. Any such restrictions created by documents other than the declaration may be incorporated by reference in the declaration to the official records of the county in which the property is located.
(q) Any other details regarding the property that the person executing the declaration considers desirable. However, if a provision required to be in the bylaws under ORS § 100.415 is included in the declaration, the voting requirements for amending the bylaws also govern the amendment of the provision in the declaration.
(2) In the event the declarant proposes to annex additional property to the condominium under ORS § 100.125, the declaration also must contain a general description of the plan of development, including:
(a) The maximum number of units to be included in the condominium.
(b) The date after which any right to annex additional property will terminate.
(c) A general description of the nature and proposed use of any additional common elements which declarant proposes to annex to the condominium, if such common elements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.
(d) A statement that the method used to establish the allocation of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights for each unit annexed is as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.
(e) Such other information as the Real Estate Commissioner requires in order to carry out the purposes of this chapter.
(3) Unless expressly prohibited by the declaration and subject to the requirements of ORS § 100.135 (2) and subsections (9) and (10) of this section:
(a) Not later than two years following the termination date specified in subsection (2)(b) of this section, the termination date may be extended for a period not exceeding five years.
(b) Before the termination date specified in the declaration or supplemental declaration under subsection (7)(d) of this section, the termination date may be extended for a period not exceeding five years.
(c) The general description under subsection (2)(c) of this section and the information included in the declaration or supplemental declaration in accordance with subsection (7)(c), (g) and (h) of this section may be changed by an amendment to the declaration or supplemental declaration and plat or supplemental plat.
(4) The information included in the declaration or supplemental declaration in accordance with subsection (2)(a) and (d) of this section and subsection (7)(a), (b), (e), (f) and (k) of this section may not be changed unless all owners agree to the change and an amendment to the declaration or supplemental declaration and, if applicable, the plat or supplemental plat are recorded in accordance with this chapter.
(5) The name of the property shall include the word ‘condominium’ or ‘condominiums’ or the words ‘a condominium.’
(6) A condominium may not bear a name which is the same as or deceptively similar to the name of any other, different condominium located in the same county.
(7) If the condominium is a flexible condominium containing variable property, the declaration shall also contain a general description of the plan of development, including:
(a) A statement that the rights provided for under ORS § 100.150 (1) are being reserved.
(b) A statement:
(A) Of any limitations on rights reserved under ORS § 100.150 (1), including whether the consent of any unit owner is required, and if so, a statement of the method by which the consent is ascertained; or
(B) That there are no limitations on rights reserved under ORS § 100.150 (1).
(c) A statement of the total number of tracts of variable property within the condominium, including:
(A) A designation of each tract as withdrawable variable property or nonwithdrawable variable property;
(B) Identification of each variable tract by a label in accordance with ORS § 100.115 (1)(h);
(C) A statement of the method of labeling each tract depicted on the plat in accordance with ORS § 100.115 (1)(h); and
(D) A statement of the total number of tracts of each type of variable property.
(d) The termination date, which is the date after which any right reserved under ORS § 100.150 (1) will terminate, and a statement of the circumstances, if any, that will terminate any right on or before the date specified. Subject to ORS § 100.120, the termination date from the date of recording of the conveyance of the first unit in the condominium to a person other than the declarant may not exceed:
(A) Twenty years, only if a condominium consists, or may consist if the condominium is a flexible condominium, exclusively of units to be used for nonresidential purposes; or
(B) Seven years.
(e) The maximum number of units that may be created.
(f) A statement that the method used to establish the allocations of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights as additional units are created is the same as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.
(g) A general description of all existing improvements and the nature and proposed use of any improvements that may be made on variable property if the improvements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.
(h) A statement of whether or not the declarant reserves the right to create limited common elements within any variable property, and if so, a general description of the types that may be created.
(i) A statement that the plat shows the location and dimensions of all withdrawable variable property that is labeled ‘WITHDRAWABLE VARIABLE PROPERTY.’
(j) A statement that if by the termination date all or a portion of the withdrawable variable property has not been withdrawn or reclassified, the withdrawable variable property is automatically withdrawn from the condominium as of the termination date.
(k) A statement of the rights of the association under ORS § 100.155 (2).
(L) A statement of whether or not all or any portion of the variable property may not be withdrawn from the condominium and, if so, with respect to the nonwithdrawable variable property:
(A) A statement that the plat shows the location and dimensions of all nonwithdrawable variable property that is labeled ‘NONWITHDRAWABLE VARIABLE PROPERTY.’
(B) A description of all improvements that may be made and a statement of the intended use of each improvement.
(C) A statement that, if by the termination date all or a portion of the variable property designated as ‘nonwithdrawable variable property’ has not been reclassified, the property is automatically reclassified as of the termination date as a general common element of the condominium and any interest in the property held for security purposes is automatically extinguished by the classification.
(D) A statement of the rights of the association under ORS § 100.155 (3).
(m) A statement by the local governing body or appropriate department thereof that the withdrawal of any variable property designated as ‘withdrawable variable property’ in the declaration in accordance with paragraph (L) of this subsection, will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the declaration.
(8) The plan of development for any variable property included in the declaration or any supplemental declaration of any stage in accordance with subsection (7) of this section is subject to any plan of development included in the declaration in accordance with subsection (2) of this section, except that the time limitation specified in subsection (7)(d) of this section governs any right reserved under ORS § 100.150 (1) with respect to any variable property.
(9) The information included in the declaration in accordance with subsection (7)(j), (k) and (m) of this section may not be deleted by amendment.
(10)(a) Approval by the unit owners is not required for a declarant to redesignate withdrawable variable property as ‘nonwithdrawable variable property’ under ORS § 100.150 (1) by supplemental declaration and supplemental plat, for any reason, including if the redesignation is required by the local governing body to comply with any planning or zoning regulation or ordinance.
(b) If as a result of a redesignation under paragraph (a) of this subsection, the information required to be included in the supplemental declaration under subsection (7)(L)(B) of this section is inconsistent with the information included in the declaration or supplemental declaration in accordance with subsection (7)(g) of this section, an amendment to the declaration or supplemental declaration and plat or supplemental plat approved by at least 75 percent of owners is required.
(11) The statement of an interest in property other than fee simple submitted to the condominium form of ownership and any easements, rights or appurtenances belonging to property submitted to the condominium form of ownership, whether leasehold or fee simple, must include:
(a) A reference to the recording index numbers and date of recording of the instrument creating the interest; or
(b) A reference to the law, administrative rule, ordinance or regulation that creates the interest if the interest is created under law, administrative rule, ordinance or regulation and not recorded in the office of the recording officer of the county in which the property is located. [Formerly 94.029; 1995 c.31 § 1; 1997 c.816 § 3; 1999 c.677 § 40; 2001 c.756 § 26; 2003 c.569 § 23; 2007 c.410 § 8; 2009 c.641 § 36; 2019 c.69 § 3; 2023 c.223 § 14]