Oregon Statutes 100.120 – Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date
(1)(a) To annex additional property to the condominium under ORS § 100.125 or to reclassify or redesignate variable property under ORS § 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section.
Terms Used In Oregon Statutes 100.120
- 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.
- 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
- Flexible condominium: means a condominium containing variable property that may be redesignated, reclassified or withdrawn from the condominium pursuant to ORS § 100.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
- 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
- Termination date: means that date described in ORS § 100. See Oregon Statutes 100.005
- Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
(b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat.
(2) The supplemental plat must comply with ORS § 100.115 and the supplemental declarations must:
(a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws.
(b) Be consistent with the provisions of the original declaration prepared pursuant to ORS § 100.105 and any prior recorded supplemental declarations.
(c) Contain the information required by ORS § 100.105 (1) insofar as that information relates to the property being annexed or reclassified.
(d) State the allocation of undivided interest in the common elements of each unit previously submitted to the provisions of this chapter upon the creation or annexation of the additional property.
(e) If a stage being annexed contains any variable property, include the information required under ORS § 100.105 (7) insofar as that information relates to the property being annexed. The termination date must be consistent with the information included in the declaration in accordance with ORS § 100.105 (2)(b) but may not exceed seven years from the recording of the conveyance of the first unit in the stage to a person other than the declarant.
(3) If the Condominium Information Report and the Annual Report described in ORS § 100.250 are designated current as provided in ORS § 100.255, all supplemental declarations and plats shall be approved, executed and recorded as provided in ORS § 100.100, 100.110 and 100.115. A unit being annexed or created by a supplemental declaration may not be conveyed until after the recording.
(4) To withdraw all or a portion of withdrawable variable property from a flexible condominium pursuant to ORS § 100.150 (1)(b), a supplemental declaration and plat must be recorded in accordance with subsection (3) of this section. The supplemental plat must comply with ORS § 100.115 (2) and the supplemental declaration must:
(a) Be consistent with the provisions of the declaration or supplemental declaration drawn pursuant to ORS § 100.105 (7).
(b) Include a metes and bounds legal description of the variable property being withdrawn.
(c) Include a metes and bounds legal description of the resulting boundaries of the condominium after the withdrawal.
(d) State whether any variable property remains that may be reclassified, redesignated or withdrawn from the condominium under ORS § 100.150 (1) and, if property may be withdrawn, include the statement required under ORS § 100.105 (7)(m).
(e) If any withdrawable variable property is being redesignated as ‘nonwithdrawable variable property’ under ORS § 100.150 (1), include the information required under ORS § 100.105 (7)(L) and any other information required by rule of the Real Estate Commissioner.
(5) Except as provided in subsection (6) of this section, as to property submitted to unit ownership after October 4, 1977, additional units may not be added within property previously submitted to unit ownership unless all unit owners consent to an amendment to the declaration, plat and any floor plans recorded pursuant to ORS § 100.116 in order to provide for such additional units.
(6) As to property submitted to unit ownership before September 27, 1987, if the declaration provides that additional property may be annexed to the condominium, any subsequent stage may contain variable property. The termination date may not be later than the earlier of:
(a) The date specified in the declaration under ORS § 100.105 (2)(b); or
(b) Seven years from the recording of the conveyance of the first unit in the condominium to a person other than the declarant. [Formerly 94.047; 1995 c.31 § 2; 1999 c.677 § 43; 2001 c.756 § 29; 2009 c.641 § 44; 2019 c.69 § 7; 2021 c.97 § 10]