ORS 100.668¹
Documents and information included with filing

(1) Submission of any document to the Real Estate Commissioner for approval under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required), 100.119 (Restated declaration), 100.135 (Amendments to declaration), 100.410 (Adoption of bylaws), 100.411 (Restated bylaws), 100.413 (Approval of amended or restated bylaws), 100.658 (Limited residential condominium filing) or 100.660 (Nonresidential condominium or security filing) or any other provision of this chapter must include:

(a) Any form prescribed and furnished by the commissioner for submission of a specified document;

(b) The deposit fee required under ORS 100.670 (Fees); 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 (Contents of declaration);

(c) A copy of the full size plat executed by the declarant and prepared in conformance with ORS 100.115 (Recording declaration and plat) and a certification of plat execution required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) (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 (Plat amendment) and a certification of plat execution required under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) (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]

Note: 100.668 (Documents and information included with 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