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.
(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 shall be evidenced by execution of the declaration or amendment or by a written approval attached thereto.
(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 (Contents of declaration) (5) and (6); and
(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 common elements for which a plat amendment is required under ORS 100.116 (Plat amendment), if:
(a) All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll which 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 which 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 (Payment of taxes, interest or penalties before subdivision or partition plat recorded) and 311.370 (Receipts for taxes collected in advance of extension on the tax roll); and
(c) The additional taxes, penalty, and any interest attributable thereto, required because of disqualification of the property 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:
(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 (Conversion condominium) and that the notice period has expired;
(B) An affidavit that the notice of conversion was given in accordance with ORS 100.305 (Conversion condominium) and copies of the written consent of any tenants as provided in ORS 100.305 (Conversion condominium) (6) or a signed statement that no tenants were entitled to notice under ORS 100.305 (Conversion condominium); or
(C) Any applicable combination of the requirements of subparagraphs (A) and (B) of this paragraph; and
(e) A paper copy of the plat executed by the declarant and prepared in conformance with ORS 100.115 (Recording declaration and plat) or plat amendment prepared in conformance with ORS 100.116 (Plat amendment) and a certification of plat execution, on a form prescribed and furnished by the commissioner, have been submitted stating that the paper copy is a true copy of the plat signed by the declarant. The certification may be 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 (Filing) (5) or 100.660 (Nonresidential condominium or security filing) (2)(d) or another person authorized by the declarant in writing to execute the certification.
(5) The commissioner shall approve a supplemental declaration if:
(a) The supplemental declaration complies with the requirements of ORS 100.120 (Supplemental declaration and plat required to annex additional property or reclassify variable property);
(b) The supplemental plat complies with the requirements of ORS 100.115 (Recording declaration and plat);
(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 paper copy of the supplemental plat and a certification of plat execution described in subsection (4)(e) 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 (Interest of units in common elements) (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 (Fees); and
(b) For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS 100.260 (Condominium Information and Annual Reports) shall be designated current by the Real Estate Agency as provided in ORS 100.255 (Processing of documents filed with Real Estate Agency) and the fee required under ORS 100.670 (Fees) shall 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 (Recording declaration and plat) 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 shall 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]
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