Oregon Statutes 100.110 – Approval of declaration, supplemental declaration or amendment required; prerequisites; fee
(1)(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.
Terms Used In Oregon Statutes 100.110
- 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.
- 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.
- Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. 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
- Conversion condominium: means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:
(a) Residential in nature, at least in part; and
(b) Not wholly commercial or industrial, or commercial and industrial, in nature. 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
(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, shall approve the declaration, supplemental declaration or amendment.
(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 (5) and (6); and
(b) The plat complies with the requirements of ORS § 100.115 or the plat amendment complies with ORS § 100.116.
(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, 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 and 311.370; 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 and 100.135 and other provisions of this chapter;
(b) The bylaws adopted under ORS § 100.410 comply with the requirements of ORS § 100.410 and 100.415 and other provisions of this chapter;
(c) The plat complies with the requirements of ORS § 100.115 or the plat amendment complies with ORS § 100.116 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 and that the notice period has expired;
(B) An affidavit that the notice of conversion was given in accordance with ORS § 100.305 and copies of the written consent of any tenants as provided in ORS § 100.305 (6) or a signed statement that no tenants were entitled to notice under ORS § 100.305; 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 or plat amendment prepared in conformance with ORS § 100.116 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 (1)(e) or 100.668 (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 and the reserve study was not included pursuant to ORS § 100.640 (1)(g).
(5) The commissioner shall approve a supplemental declaration if:
(a) The supplemental declaration complies with the requirements of ORS § 100.120 and other provisions of this chapter;
(b) The supplemental plat complies with the requirements of ORS § 100.115;
(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 (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; and
(b) For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS § 100.260 must be designated current by the Real Estate Agency as provided in ORS § 100.255 and the fee required under ORS § 100.670 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 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; 2023 c.223 § 12]