Processing of documents filed with Real Estate Agency
- • procedures
(1) If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (Documents required to be filed with Real Estate Agency) (1) satisfies the requirements of ORS 100.260 (Condominium Information and Annual Reports), and all fees have been paid, the Real Estate Agency shall file the document and designate the filing current.
(2) The Real Estate Agency files a document by indicating thereon that it has been filed by the Real Estate Agency and the date of filing. The time of filing shall be considered to be 12:01 a.m. on that date. After filing a document, the Real Estate Agency shall return a copy to the association.
(3) If the Real Estate Agency refuses to file a document, the Real Estate Agency shall return it to the association within 10 business days after the document was received by the Real Estate Agency, together with a brief written explanation of the reason or reasons for the refusal.
(4) The Real Estate Agencys duty to file documents under this section and ORS 100.250 (Documents required to be filed with Real Estate Agency) is ministerial. The Real Estate Agency is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Real Estate Agency for filing. The Real Estate Agencys filing or refusing to file a document does not:
(a) Affect the validity or invalidity of the document in whole or in part; or
(b) Relate to the correctness or incorrectness of information contained in the document.
(5) The Real Estate Agencys refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect.
(6) If the Real Estate Agency refuses to file a document delivered to the Real Estate Agency for filing, the association, in addition to any other legal remedy which may be available, shall have the right to appeal from such final order pursuant to the provisions of ORS 183.484 (Jurisdiction for review of orders other than contested cases). [1989 c.595 §39; 1995 c.31 §5]
Note: See note under 100.250 (Documents required to be filed with Real Estate Agency).
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