ORS 100.658¹
Limited residential condominium filing

(1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 (Filing with commissioner) may request approval of the declaration and bylaws or a supplemental declaration by:

(a) Submitting the fee required by ORS 100.670 (Fees); and

(b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.

(2) A limited residential condominium filing must include:

(a) General information, provided on a form prescribed and furnished by the commissioner, including:

(A) The name and address of the condominium and the county in which the condominium is located.

(B) The name, address and telephone number of the declarant and any agent of the declarant.

(b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS 100.668 (Documents and information included with filing) (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:

(A) Agree to comply with ORS 100.660 (Nonresidential condominium or security filing), 100.705 (Sale prohibited prior to issuance of disclosure statement), 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) and 100.740 (Notice to purchaser of cancellation rights) before the declarant sells any unit in the condominium;

(B) Assert understanding that violations of ORS 100.660 (Nonresidential condominium or security filing), 100.705 (Sale prohibited prior to issuance of disclosure statement), 100.725 (Documents prerequisite to execution of sale agreement and conveyance of unit) or 100.740 (Notice to purchaser of cancellation rights) are subject to civil penalties and sanctions under ORS 100.900 (Civil penalty) and 100.905 (Cease and desist order) and criminal penalties under ORS 100.990 (Criminal penalties); and

(C) Assert understanding that violations of ORS 100.705 (Sale prohibited prior to issuance of disclosure statement) are subject to ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.656 (Remedies supplementary to existing statutory or common law remedies) in addition to any other sanctions provided by law.

(3) After review of the limited residential condominium filing filed under this section, the commissioner may require the declarant to file additional documents and information related to the limited residential condominium filing that the commissioner deems necessary to review and approve the declaration and bylaws or a supplemental declaration under this chapter. [2019 c.69 §20]

Note: 100.658 (Limited residential condominium filing) 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.

(formerly 94.004 to 94.480)

See also annota­tions under ORS 91.505 to 91.675 in permanent edi­tion.

Notes of Decisions

Even if declara­tions filed for purpose of bringing develop­ment within condominium law were defective for failure to conform to statutory require­ments, develop­ment was not vitiated but deficiencies would constitute mis­take in transac­tion thus making instru­ment eligible for reforma­tion in equity. Dickey v. Barnes, Mossberg, 268 Or 226, 519 P2d 1252 (1974)

Developers of planned unit develop­ments which are not organized as condominiums cannot claim the tax advantages of the Unit Ownership Law. Brooks Resources v. Dept. of Rev., 276 Or 1177, 558 P2d 312 (1976)

Purchasers of condominium units are automatically members of the unit owners associa­tion and subject to its declara­tion and bylaws; where those declara­tions and bylaws provide discre­tion to the Board of Directors to assess for fees necessary to create a “unified plan for the develop­ment and opera­tion” of the condominium, and the purchaser has alleged no abuse of discre­tion, the judg­ment of the Board of Directors is upheld. Assn. of Unit Owners of the Inn of the Seventh Mountain v. Gruenfeld, 277 Or 259, 560 P2d 641 (1977)

Acquisi­tion of prop­erty by condominium associa­tion is not limited to prop­erty subject to annexa­tion require­ments. Gier’s Liquor v. Associa­tion of Unit Owners, 124 Or App 365, 862 P2d 560 (1993)

Law Review Cita­tions

16 WLR 253 (1979)

Chapter 100

Notes of Decisions

This chapter does not authorize regula­tion by the Real Estate Division of sales of “right to use” time share interests in condominiums. Royal Aloha Partners v. Real Estate Division, 59 Or App 564, 651 P2d 1350 (1982)

Law Review Cita­tions

18 WLR 95 (1982)

1 Legislative Counsel Committee, CHAPTER 100—Condominiums, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors100.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 100, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano100.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information