Oregon Statutes 100.668 – Documents and information included with filing
(1) Submission of any document to the Real Estate Commissioner for approval under ORS § 100.110, 100.119, 100.135, 100.410, 100.411, 100.413, 100.658 or 100.660 or any other provision of this chapter must include:
Terms Used In Oregon Statutes 100.668
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagee: means any person who is:
(a) A mortgagee under a mortgage;
(b) A beneficiary under a trust deed; or
(c) The vendor under a land sale contract. See Oregon Statutes 100.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Any form prescribed and furnished by the commissioner for submission of a specified document;
(b) The deposit fee required under ORS § 100.670; and
(c) Any documents or information required for submission under subsections (2) to (6) of this section.
(2) For approval of a declaration and bylaws, the following must be submitted:
(a) The original executed declaration and the executed adopted bylaws of the condominium and a copy of the executed documents;
(b) A statement from the county assessor or county surveyor that the name of the condominium is acceptable under ORS § 100.105;
(c) A copy of the full size plat executed by the declarant and prepared in conformance with ORS § 100.115 and a certification of plat execution required under ORS § 100.110 (4) on a form prescribed and furnished by the commissioner;
(d) 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; and
(e) Unless previously submitted to the commissioner under this chapter, 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.
(3) For approval of a supplemental declaration, the following must be submitted:
(a) The original executed supplemental declaration and a copy of the executed document;
(b) The documents specified in subsection (2)(c) and (d) of this section relating to a supplemental declaration; and
(c) Any documents described in subsection (2) of this section that were amended by the supplemental declaration or have otherwise changed since the documents were previously filed under this section.
(4) For approval of an amendment to a declaration, supplemental declaration or plat, a restated declaration or a restated assignment of limited common elements, the following must be submitted:
(a) The original executed amendment, the executed restated declaration or the restated assignment of limited common elements and a copy of the executed document;
(b) For a plat amendment, a copy of the full size plat amendment prepared in conformance with ORS § 100.116 and a certification of plat execution required under ORS § 100.110 (4) on a form prescribed and furnished by the commissioner;
(c) For amendments requiring consent or approval of a specific unit owner or mortgagee:
(A) Evidence of the required consent or approval; and
(B) Evidence of unit ownership or interest of the mortgagee; and
(d) Any documents described in subsection (2) of this section that were amended by the amendment to the declaration, supplemental declaration or plat, the restated declaration or the restated assignment of limited common elements or have otherwise changed since the documents were previously filed under this section.
(5) For approval of an amendment to the bylaws or restated bylaws, the following must be submitted:
(a) The original executed bylaw amendment or restated bylaws and a copy of the executed document; and
(b) If the amendment requires the consent or approval of a specific unit owner or mortgagee:
(A) Evidence of the required consent or approval; and
(B) Evidence of unit ownership or interest of the mortgagee.
(6) After review of the filing and documents submitted under this section, the commissioner may require the person submitting the filing to submit any other documents or information related to the filing that the commissioner considers necessary to approve the document under this chapter. [2019 c.69 § 19]
100.668 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.