75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 963
LC 2400/SB 963-5
SENATE AMENDMENTS TO
SENATE BILL 963
By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
May 5
On page 1 of the printed bill, line 2, after 'ORS' insert '
94.572,'.
In line 4, after '100.105,' insert '100.110, 100.115, 100.120,
100.125, 100.130,'.
In line 5, after '100.510,' insert '100.515,' and after '
100.540' delete the rest of the line and insert ', 100.600 and
100.640 and sections 24 and 26, chapter 803,'.
Delete lines 10 through 32.
On page 2, delete lines 1 and 2 and insert:
' { + SECTION 2. + } { + (1) Each member of the board of
directors must be an individual and, except as provided in
subsections (2) and (3) of this section, an owner or co-owner of
a lot in the planned community.
' (2) A director appointed by a declarant under ORS 94.600 need
not be an owner or co-owner of a lot in the planned community.
' (3)(a) Except as otherwise provided in the bylaws, prior to
election to the board of directors, an individual described in
this subsection shall, upon request of the board, provide the
board with documentation satisfactory to the board that the
individual is qualified to represent the entity or is a trustee
or is serving in a fiduciary capacity for the owner of a lot.
' (b) If a corporation, limited liability company or
partnership owns a lot in the planned community or owns an
interest in an entity that owns a lot in the planned community,
an officer, employee or agent of a corporation, a member,
manager, employee or agent of a limited liability company, or a
partner, employee or agent of a partnership may serve on the
board of directors.
' (c) A trustee may serve on the board of directors if the
trustee holds legal title to a lot in the planned community for
the benefit of the owner of the beneficial interest in the lot.
' (d) An executor, administrator, guardian, conservator, or
other individual appointed by a court to serve in a fiduciary
capacity for an owner of a lot in the planned community, or an
officer or employee of an entity if an entity is appointed, may
serve on the board of directors.
' (4) The position of an individual serving on the board of
directors under subsection (3) of this section automatically
becomes vacant if the individual no longer meets the requirements
of subsection (3) of this section. + } ' .
After line 26, insert:
' { + SECTION 3a. + } ORS 94.572 is amended to read:
' 94.572. (1)(a) A Class I or Class II planned community
created before January 1, 2002, that was not created under ORS
94.550 to 94.783 is subject to this section and ORS 94.550,
94.590, 94.595 (5) to (9), 94.625, 94.630 (1), (3) and (4),
94.640, 94.641, 94.642, 94.645, 94.647, 94.650, 94.652, 94.655,
94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675,
94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716,
94.719, 94.723, 94.728, 94.733, 94.770, 94.775, 94.777 and 94.780
{ + and sections 2 and 3 of this 2009 Act + } to the extent
that those statutes are consistent with any governing documents.
If the governing documents do not provide for the formation of an
association, the requirements of this subsection are not
effective until the formation of an association in accordance
with paragraph (b) of this subsection. If a provision of the
governing documents is inconsistent with this subsection, the
owners may amend the governing documents using the procedures in
this subsection:
' (A) In accordance with the procedures for the adoption of
amendments in the governing documents and subject to any
limitations in the governing documents, the owners may amend the
inconsistent provisions of the governing documents to conform to
the extent feasible with this section and ORS 94.550, 94.590,
94.595 (5) to (9), 94.625, 94.630 (1), (3) and (4), 94.640,
94.641, 94.642, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657,
94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676,
94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719,
94.723, 94.728, 94.733, 94.770, 94.775, 94.777 and 94.780
{ + and sections 2 and 3 of this 2009 Act + }. Nothing in this
paragraph requires the owners to amend a declaration or bylaws to
include the information required by ORS 94.580 or 94.635.
' (B) If there are no procedures for amendment in the governing
documents:
' (i) For an amendment to a recorded governing document other
than bylaws, the owners may amend the inconsistent provisions of
the document to conform to this section and ORS 94.550, 94.590,
94.595 (5) to (9), 94.625, 94.630 (1), (3) and (4), 94.640,
94.641, 94.642, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657,
94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676,
94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719,
94.723, 94.728, 94.733, 94.770, 94.775, 94.777 and 94.780
{ + and sections 2 and 3 of this 2009 Act + } by a vote of at
least 75 percent of the owners in the planned community.
' (ii) For an amendment to the bylaws, the owners may amend the
inconsistent provisions of the bylaws to conform to this section
and ORS 94.550, 94.590, 94.595 (5) to (9), 94.625, 94.630 (1),
(3) and (4), 94.640, 94.641, 94.642, 94.645, 94.647, 94.650,
94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665,
94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709,
94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.770, 94.775,
94.777 and 94.780 { + and sections 2 and 3 of this 2009 Act + }
by a vote of at least a majority of the owners in the planned
community.
' (iii) An amendment may be adopted at a meeting held in
accordance with the governing documents or by another procedure
permitted by the governing documents following the procedures
prescribed in ORS 94.647, 94.650 or 94.660.
' (iv) An amendment to a recorded declaration shall be
executed, certified and recorded as provided in ORS 94.590 (2)
and (3) and shall be subject to ORS 94.590 (5). An amendment to
the bylaws and any other governing document shall be executed and
certified as provided in ORS 94.590 (3) and shall be recorded in
the office of the recording officer of every county in which the
planned community is located if the bylaws or other governing
document to which the amendment relates were recorded.
' (C) An amendment adopted pursuant to this paragraph shall
include:
' (i) A reference to the recording index numbers and date of
recording of the declaration or other governing document, if
recorded, to which the amendment relates; and
' (ii) A statement that the amendment is adopted pursuant to
the applicable subparagraph of this paragraph.
' (b)(A) If the governing documents do not provide for the
formation of an association of owners, at least 10 percent of the
owners in the planned community or any governing entity may
initiate the formation of an association as provided in this
paragraph. The owners or the governing entity initiating the
association formation shall call an organizational meeting for
the purpose of voting whether to form an association described in
ORS 94.625. The notice of the meeting shall:
' (i) Name the initiating owners or governing entity;
' (ii) State that the organizational meeting is for the purpose
of voting whether to form an association in accordance with the
proposed articles of incorporation;
' (iii) State that if the owners vote to form an association,
the owners may elect the initial board of directors provided for
in the articles of incorporation and may adopt the initial
bylaws;
' (iv) State that to form an association requires an
affirmative vote of at least a majority of the owners in the
planned community, or, if a larger percentage is specified in the
applicable governing document, the larger percentage;
' (v) State that to adopt articles of incorporation, to elect
the initial board of directors pursuant to the articles of
incorporation or to adopt the initial bylaws requires an
affirmative vote of at least a majority of the owners present;
' (vi) State that if the initial board of directors is not
elected, an interim board of directors shall be elected pursuant
to bylaws adopted as provided in subparagraph (C) of this
paragraph;
' (vii) State that a copy of the proposed articles of
incorporation and bylaws will be available at least five business
days before the meeting and state the method of requesting a
copy; and
' (viii) Be delivered in accordance with the declaration and
bylaws. If there is no governing document or the document does
not include applicable provisions, the owners or governing entity
shall follow the procedures prescribed in ORS 94.650 (4).
' (B) At least five business days before the organizational
meeting, the initiating owners or governing entity shall cause
articles of incorporation and bylaws to be drafted. The bylaws
shall include, to the extent applicable, the information required
by ORS 94.635.
' (C) At the organizational meeting:
' (i) Representatives of the initiating owners or governing
entity shall, to the extent not inconsistent with the governing
documents, conduct the meeting according to Robert's Rules of
Order as provided in ORS 94.657.
' (ii) The initiating owners or governing entity shall make
available copies of the proposed articles of incorporation and
the proposed bylaws.
' (iii) The affirmative vote of at least a majority of the
owners of a planned community, or, if a larger percentage is
specified in the applicable governing document, the larger
percentage, is required to form an association under this
paragraph.
' (iv) If the owners vote to form an association, the owners
shall adopt articles of incorporation and may elect the initial
board of directors as provided in the articles of incorporation,
adopt bylaws and conduct any other authorized business by an
affirmative vote of at least a majority of the owners present. If
the owners do not elect the initial board of directors, owners
shall elect an interim board of directors by an affirmative vote
of at least a majority of the owners present to serve until the
initial board of directors is elected.
' (v) An owner may vote by proxy, or by written ballot, if
approved, in the discretion of a majority of the initiating
owners or governing entity.
' (D) Not later than 10 business days after the organizational
meeting, the board of directors shall:
' (i) Cause the articles of incorporation to be filed with the
Secretary of State under ORS chapter 65;
' (ii) Cause the notice of planned community described in
subsection (4) of this section to be prepared, executed and
recorded in accordance with subsection (4) of this section;
' (iii) Provide a copy of the notice of planned community to
each owner, together with a copy of the adopted articles of
incorporation and bylaws, if any, or a statement of the procedure
and method for adoption of bylaws described in subparagraph (C)
of this paragraph. The copies and any statement shall be
delivered to each lot, mailed to the mailing address of each lot
or mailed to the mailing addresses designated by the owners in
writing; and
' (iv) Cause a statement of association information to be
prepared, executed and recorded in accordance with ORS 94.667.
' (E) If the owners vote to form an association, all costs
incurred under this paragraph, including but not limited to the
preparation and filing of the articles of incorporation, drafting
of bylaws, preparation of notice of meeting and the drafting,
delivery and recording of all notices and statements shall be a
common expense of the owners and shall be allocated as provided
in the appropriate governing document or any amendment thereto.
' (2)(a) The owners of lots in a Class I or Class II planned
community that are subject to the provisions of ORS chapter 94
specified in subsection (1) of this section may elect to be
subject to any other provisions of ORS 94.550 to 94.783 upon
compliance with the procedures prescribed in subsection (1) of
this section.
' (b) If the owners of lots in a Class I or Class II planned
community elect to be subject to additional provisions of ORS
94.550 to 94.783, unless the notice of planned community
otherwise required or permitted under subsection (4) of this
section includes a statement of the election pursuant to this
paragraph, the board of directors of the association shall cause
the notice of planned community described in subsection (4) of
this section to be prepared, executed and recorded in accordance
with subsection (4) of this section.
' (3)(a) The owners of lots in a Class III planned community
created before January 1, 2002, may elect to be subject to
provisions of ORS 94.550 to 94.783 upon compliance with the
applicable procedures in subsection (1) of this section.
' (b) If the owners of lots in a Class III planned community
elect to be subject to provisions of ORS 94.550 to 94.783, the
board of directors of the association shall cause the notice of
planned community described in subsection (4) of this section to
be prepared, executed and recorded in accordance with subsection
(4) of this section.
' (4) The notice of planned community required or permitted by
this section shall be:
' (a) Titled 'Notice of Planned Community under ORS 94.572';
' (b) Executed by the president and secretary of the
association; and
' (c) Recorded in the office of the recording officer of every
county in which the property is located.
' (5) The notice of planned community shall include:
' (a) The name of the planned community and association as
identified in the recorded declaration, conditions, covenants and
restrictions or other governing document and, if different, the
current name of the association;
' (b) A list of the properties, described as required for
recordation in ORS 93.600, within the jurisdiction of the
association;
' (c) Information identifying the recorded declaration,
conditions, covenants and restrictions or other governing
documents and a reference to the recording index numbers and date
of recording of the governing documents;
' (d) A statement that the property described in accordance
with paragraph (b) of this subsection is subject to specific
provisions of the Oregon Planned Community Act;
' (e) A reference to the specific provisions of the Oregon
Planned Community Act that apply to the subject property and a
reference to the subsection of this section under which the
application is made; and
' (f) If an association is formed under subsection (1)(b)(A) of
this section, a statement to that effect.
' (6) An amended statement shall include a reference to the
recording index numbers and the date of recording of prior
statements.
' (7) The county clerk may charge a fee for recording a
statement under this section according to the provisions of ORS
205.320 (4).
' (8) The board of directors of an association not otherwise
required to cause a notice of planned community described in
subsection (4) of this section to be prepared and recorded under
this section may cause a notice of planned community to be
prepared, executed and recorded as provided in subsection (4) of
this section.
' (9) Title to a unit, lot or common property in a Class I or
Class II planned community created before January 1, 2002, may
not be rendered unmarketable or otherwise affected by a failure
of the planned community to be in compliance with a requirement
of this section.
' (10) As used in this section:
' (a) 'Governing entity' means an incorporated or
unincorporated association, committee, person or any other entity
that has authority, under a governing document, to maintain
commonly maintained property, impose assessments on lots or to
act on behalf of lot owners within the planned community on
matters of common concern.
' (b) 'Recorded declaration' means an instrument recorded with
the county recording officer of the county in which the planned
community is located that contains conditions, covenants and
restrictions binding lots in the planned community or imposes
servitudes upon the real property.'.
On page 10, line 14, delete the period and insert '; and'.
On page 11, line 19, after 'votes' insert 'that may be'.
On page 12, line 14, after the period delete the rest of the
line and line 15.
In line 44, delete 'sections' and insert 'subsections'.
On page 13, line 2, delete 'transfer' and insert ' transfers'
and delete the third comma and after 'pursuant ' insert 'to'.
On page 16, line 24, delete 'any owner' and insert 'one or more
owners'.
In line 25, delete 'expense' and insert 'loss or cost ' and
delete 'lot of the owner' and insert 'lots of the responsible
owners'.
On page 17, delete lines 21 through 42 and insert:
' { + SECTION 18. + } { + (1) Each member of the board of
directors of the association of unit owners must be an individual
and, except as provided in subsections (2) and (3) of this
section, an owner or co-owner of a unit in the condominium.
' (2) A director appointed by a declarant under ORS 100.200
need not be an owner or co-owner of a unit in the condominium.
' (3)(a) Except as otherwise provided in the bylaws, prior to
election to the board of directors, an individual described in
this subsection, upon request of the board, shall provide the
board with documentation satisfactory to the board that the
individual is qualified to represent the entity or is a trustee
or is serving in a fiduciary capacity for the owner of a unit.
' (b) If a corporation, limited liability company or
partnership owns a unit in the condominium or owns an interest in
an entity that owns a unit in the condominium, an officer,
employee or agent of a corporation, a member, manager, employee
or agent of a limited liability company, or a partner, employee
or agent of a partnership may serve on the board of directors.
' (c) A trustee may serve on the board of directors if the
trustee holds legal title to a unit in the condominium in trust
for the benefit of the owner of the beneficial interest in the
unit.
' (d) An executor, administrator, guardian, conservator, or
other individual appointed by a court to serve in a fiduciary
capacity for an owner of a unit, or an officer or employee of an
entity if the person appointed is an entity, may serve on the
board of directors.
' (4) The position of an individual serving on the board of
directors under subsection (3) of this section automatically
becomes vacant if the individual no longer meets the requirements
of subsection (3) of this section. + } ' .
In line 45, after 'structure' insert 'or development'.
On page 18, line 1, delete 'physically identical'.
In line 43, restore the bracketed material and delete the
boldfaced material.
In line 44, after 'purposes' insert 'as provided in subsection
(5) of this section'.
On page 19, line 1, after '(5)' insert '(a)'.
In line 3, restore the bracketed material and delete the
boldfaced material.
After line 4, insert:
' (b) As used in this subsection, 'nonresidential purposes '
includes apartments within a condominium in which the apartments
are not separate units or units that are restricted in use by the
unit owner to less than full-time residential purposes.'.
Delete lines 9 through 14 and insert:
' (8) If an association creates not more than two additional
units from common elements by an amendment to the declaration
under ORS 100.135, then ORS 100.635 (2), 100.640 (8) to (12),
100.655, 100.705, 100.720, 100.725, 100.730, 100.735 and 100.745
do not apply to the sale of the units by the association.'.
In line 44, after the first 'and' insert ', if an additional
unit is created from common elements,'.
On page 20, line 10, delete 'ORS 100.115' and insert ' section
43 of this 2009 Act'.
On page 24, delete lines 37 through 40 and insert:
' (b) The association of a condominium created on or after
September 27, 2007, shall be organized:
' (A) As a corporation for profit or a nonprofit corporation;
or
' (B) If the condominium consists of four or fewer units,
excluding units used for parking, storage or other use ancillary
to a unit, as an unincorporated association, corporation for
profit or a nonprofit corporation.'.
On page 29, line 16, after '(b)' delete the rest of the line
and insert 'Twenty percent of the votes that may be cast by
persons who are present in person, by proxy or by absentee
ballot, if absentee ballots are permitted.'.
On page 31, line 8, delete the first 'the'.
On page 32, line 18, delete 'paragraphs (b) and (c)' and insert
'paragraph (b)'.
On page 37, line 27, delete ', 100.115 and 100.135' and insert
'and 100.135 and section 43 of this 2009 Act'.
On page 38, line 4, delete 'ORS 100.115 (9) and (10)' and
insert 'section 43 of this 2009 Act'.
In line 18, delete '(2)' and insert '(1)'.
In line 29, delete '(2)' and insert '(1)'.
On page 39, line 43, after '100.910' insert 'and section 43 of
this 2009 Act'.
On page 40, line 26, delete '(2)(i)' and insert '(1)(i)'.
In line 28, delete '(2)(i)' and insert '(1)(i)'.
On page 43, after line 7, insert:
' { + SECTION 40. + } ORS 100.110 is amended to read:
' 100.110. (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 { + , + } { - or - }
supplemental declaration { + or 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 { - (6) - }
{ + (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 (5) and (6); and
' (b) The plat and floor plans comply with the requirements of
ORS 100.115.
' (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 or changes the boundary of a unit for which a plat is
required under { - ORS 100.115 (9)(a) - } { + section 43 of
this 2009 Act + }, 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 and 311.370; 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 (5) { + (b) + } of this section,
the commissioner shall approve the declaration or amendment
thereto if:
' (a) The declaration or the amendment thereto complies with
the requirements of ORS 100.105 and 100.135;
' (b) The bylaws adopted under ORS 100.410 comply with the
requirements of ORS 100.410 and 100.415;
' (c) The plat { - and floor plans comply - }
{ + complies + } with the requirements of ORS 100.115;
' (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 and that the notice period has
expired;
' (B) An affidavit that the notice of conversion was given in
accordance with ORS 100.305 and copies of the written consent of
any tenants who received the notice of conversion before
expiration of the notice; 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 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 (5) or 100.660 (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;
' (b) The supplemental plat complies with the requirements of
ORS 100.115;
' (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 described in
subsection (4)(e) of this section has been submitted. + }
' { - (5) - } { + (6) + } Approval by the commissioner
{ - shall not be - } { + is not + } required for an amendment
to a declaration transferring the right of use of a limited
common element pursuant to ORS 100.515 (5).
' { - (6) - } { + (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; and
' (b) For an amendment, the Condominium Information Report and
the Annual Report described in ORS 100.260 shall be designated
current by the Real Estate Agency as provided in ORS 100.255 and
the fee required under ORS 100.670 shall be paid.
' { - (7) - } { + (8) + } If the declaration or amendment
thereto approved by the commissioner under subsection (4) of this
section is not recorded in accordance with ORS 100.115 within two
years from the date of approval by the commissioner, the approval
{ - shall - } automatically { - expire - } { + 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 { - will expire - }
{ + expires + }.
' { + SECTION 41. + } ORS 100.115 is amended to read:
' 100.115. { - (1) When a declaration or a supplemental
declaration under ORS 100.125 is made and approved as required,
it shall, upon the payment of the fees provided by law, be
recorded by the recording officer. The fact of recording and the
date thereof shall be entered thereon. At the time of recording
the declaration or supplemental declaration, the person offering
it for record shall also file an exact copy, certified by the
recording officer to be a true copy thereof, with the county
assessor. - }
' { - (2) - } { + (1) + } A plat of the land described in
the declaration or a supplemental plat described in a
supplemental declaration, complying with ORS 92.050, 92.060 (1)
and (2), 92.080 and 92.120, shall be recorded simultaneously with
the declaration or supplemental declaration. Upon request, the
person offering the plat or supplemental plat for recording shall
also file an exact copy, certified by the surveyor who made the
plat to be an exact copy of the plat, with the county assessor
and the county surveyor. The exact copy shall be made on suitable
drafting material having the characteristics of strength,
stability and transparency required by the county surveyor. The
plat or supplemental plat { - , - } { + shall be + } titled in
accordance with subsection
{ - (4) - } { + (3) + } of this section { - , - }
{ + and + } shall:
' (a) Show the location of:
' (A) All buildings and public roads. The location shall be
referenced to a point on the boundary of the property; and
' (B) For a condominium containing units described in ORS
100.020 (3)(b)(C) or (D), the moorage space or floating
structure. The location shall be referenced to a point on the
boundary of the upland property regardless of a change in the
location resulting from a fluctuation in the water level or flow.
' (b) Show the designation, location, dimensions and area in
square feet of each unit including:
' (A) For units in a building described in ORS 100.020
(3)(b)(A), the horizontal and vertical boundaries of each unit
and the common elements to which each unit has access. The
vertical boundaries shall be referenced to a known benchmark
elevation or other reference point as approved by the city or
county surveyor;
' (B) For a space described in ORS 100.020 (3)(b)(B), the
horizontal boundaries of each unit and the common elements to
which each unit has access. If the space is located within a
structure, the vertical boundaries also shall be shown and
referenced to a known benchmark elevation or other reference
point as approved by the city or county surveyor;
' (C) For a moorage space described in ORS 100.020 (3)(b)(C),
the horizontal boundaries of each unit and the common elements to
which each unit has access; and
' (D) For a floating structure described in ORS 100.020
(3)(b)(D), the horizontal and vertical boundaries of each unit
and the common elements to which each unit has access. The
vertical boundaries shall be referenced to an assumed elevation
of an identified point on the floating structure even though the
assumed elevation may change with the fluctuation of the water
level where the floating structure is moored.
' (c) Identify and show, to the extent feasible, the location
and dimensions of all limited common elements described in the
declaration. The plat may not include any statement indicating to
which unit the use of any noncontiguous limited common element is
reserved.
' (d) Include a statement, including signature and official
seal, of a registered architect, registered professional land
surveyor or registered professional engineer certifying that the
plat fully and accurately depicts the boundaries of the units of
the building and that construction of the units and buildings as
depicted on the plat has been completed, except that the
professional land surveyor who prepared the plat need not affix a
seal to the statement.
' (e) Include a surveyor's certificate, complying with ORS
92.070, that includes information in the declaration in
accordance with ORS 100.105 (1)(a) and a metes and bounds
description or other description approved by the city or county
surveyor.
' (f) Include a statement by the declarant that the property
and improvements described and depicted on the plat are subject
to the provisions of ORS 100.005 to 100.625.
' (g) Include such signatures of approval as may be required by
local ordinance or regulation.
' (h) Include any other information or data not inconsistent
with the declaration that the declarant desires to include.
' (i) If the condominium is a flexible condominium, show the
location and dimensions of all variable property identified in
the declaration and label the variable property as 'WITHDRAWABLE
VARIABLE PROPERTY' or 'NONWITHDRAWABLE VARIABLE PROPERTY,' with a
letter different from those designating a unit, building or other
tract of variable property. If there is more than one tract, each
tract shall be labeled in the same manner.
' { - (3) - } { + (2) + } The supplemental plat required
under ORS 100.150 (1) shall be recorded simultaneously with the
supplemental declaration. { - Upon request, the person offering
the supplemental plat for recording shall also file an exact
copy, certified by the surveyor who made the plat to be an exact
copy of the plat, with the county assessor and the county
surveyor. The exact copy shall be made on suitable drafting
material having the characteristics of strength, stability and
transparency required by the county surveyor. - } The
supplemental plat { - , - } { + shall be + } titled in
accordance with subsection { - (4) - } { + (3) + } of this
section { - , - } { + and + } shall:
' (a) Comply with ORS 92.050, 92.060 (1), (2) and (4), 92.080,
92.120 and subsections { - (4) and - } { + (3) to + } (5) of
this section.
' (b) If any property is withdrawn:
' (A) Show the resulting perimeter boundaries of the
condominium after the withdrawal; and
' (B) Show the information required under subsection
{ - (2)(i) - } { + (1)(i) + } of this section as it relates to
any remaining variable property.
' (c) If any property is reclassified, show the information
required under subsection { - (2)(a) - } { + (1)(a) + } to
(d) of this section.
' (d) Include a 'Declarant's Statement' that the property
described on the supplemental plat is reclassified or withdrawn
from the condominium and that the condominium exists as described
and depicted on the plat.
' (e) Include a surveyor's { - affidavit - }
{ + certificate + } complying with ORS 92.070.
' { - (4) - } { + (3) + } The title of each supplemental
plat described in ORS 100.120 shall include the complete name of
the condominium, followed by the additional language specified in
this subsection and the appropriate reference to the stage being
annexed or tract of variable property being reclassified. Each
supplemental plat for a condominium recorded on or after January
1, 2002, shall be numbered sequentially and shall:
' (a) If property is annexed under ORS 100.125, include the
words 'Supplemental Plat No. ___: Annexation of Stage ___; or
' (b) If property is reclassified under ORS 100.150, include
the words 'Supplemental Plat No. ___: Reclassification of
Variable Property, Tract ___.
' { + (4) Upon request of the county surveyor or assessor,
the person offering a plat or supplemental plat for recording
shall also file an exact copy, certified by the surveyor who made
the plat to be an exact copy of the plat, with the county
assessor and the county surveyor. The exact copy shall be made on
suitable drafting material having the characteristics of
strength, stability and transparency required by the county
surveyor. + }
' (5) Before a plat or a supplemental plat may be recorded, it
must be approved by the city or county surveyor as provided in
ORS 92.100. Before approving the plat as required by this
section, the city or county surveyor shall:
' (a) Check the boundaries of the plat and units and take
measurements and make computations necessary to determine that
the plat complies with this section.
' (b) Determine that the name complies with ORS 100.105 (5) and
(6).
' (c) Determine that the following are consistent:
' (A) The designation and area in square feet of each unit
shown on the plat and the unit designations and areas contained
in the declaration in accordance with ORS 100.105 (1)(d);
' (B) Limited common elements identified on the plat and the
information contained in the declaration in accordance with ORS
100.105 (1)(h);
' (C) The description of the property in the surveyor's
certificate included on the plat and the description contained in
the declaration in accordance with ORS 100.105 (1)(a); and
' (D) For a flexible condominium, the variable property
depicted on the plat and the identification of the property
contained in the declaration in accordance with ORS 100.105
(7)(c).
' (6) The person offering the plat { + or supplemental
plat + } for approval shall:
' (a) Submit a copy of the proposed declaration and bylaws or
applicable supplemental declaration at the time the plat is
submitted; and
' (b) Submit the original or a copy of the executed declaration
and bylaws or the applicable supplemental declaration approved by
the commissioner if required by law prior to approval.
' (7) For performing the services described in subsection
(5)(a) to (c) of this section, the city surveyor or county
surveyor shall collect from the person offering the plat for
approval a fee of $150 plus $25 per building. The governing body
of a city or county may establish a higher fee by resolution or
order.
' { - (8)(a) Whenever variable property is reclassified or
withdrawn as provided in ORS 100.155 (1) or (2) or property is
removed as provided in ORS 100.600 (2), the county surveyor
shall, upon the surveyor's copy of all previously recorded plats
relating to the variable property or property being removed and
upon any copy thereof certified by the county clerk, trace, shade
or make other appropriate marks or notations, including the date
and the surveyor's name or initials, with archival quality black
ink in such manner as to denote the reclassification, withdrawal
or removal. The recording index numbers and date of recording of
the supplemental declaration and plat or amendment and amended
plat shall also be referenced on the copy of each plat. The
original plat may not be changed or corrected after the plat is
recorded. - }
' { - (b) For performing the activities described in this
subsection, the county clerk shall collect a fee set by the
county governing body. The county clerk shall also collect a fee
set by the county governing body to be paid to the county
surveyor for services provided under this subsection. - }
' { - (9) In addition to the provisions of subsection (12) of
this section, a plat, including any floor plans that are a part
of the plat, may be amended as follows: - }
' { - (a)(A) Except as otherwise provided in ORS 100.600, a
change to the boundary of the property, a unit or a limited
common element or a change to the configuration of other
information required to be graphically depicted on the plat shall
be made by a plat entitled 'Plat Amendment' that shall reference
in the title of the amendment the recording information of the
original plat and any previous plat amendments. - }
' { - (B) The plat amendment shall comply with ORS 92.050,
92.060 (1), (2) and (4), 92.080 and 92.120 and shall include: - }
' { - (i) A graphic depiction of the change. - }
' { - (ii) For a change to the boundary of the property, a
surveyor's certificate, complying with ORS 92.070. - }
' { - (iii) For a change to a boundary of a unit or a limited
common element or a change to other information required to be
graphically depicted, the statement of a registered architect,
registered professional land surveyor or registered professional
engineer described in subsection (2)(d) of this section. - }
' { - (iv) A declaration by the chairperson and secretary on
behalf of the association of unit owners that the plat is being
amended pursuant to this subsection. Such declaration shall be
executed and acknowledged in the manner provided for
acknowledgment of deeds. - }
' { - (C) The plat amendment shall be accompanied by an
amendment to the declaration authorizing such plat amendment. The
declaration amendment shall be executed, approved and recorded in
accordance with ORS 100.110 and 100.135. - }
' { - (D) Before a plat amendment may be recorded, it must be
approved by the city or county surveyor as provided in ORS
92.100. The surveyor shall approve the plat amendment if it
complies with the requirements of this subsection. The person
offering the plat amendment shall: - }
' { - (i) Submit a copy of the proposed amendment to the
declaration required under this paragraph when the plat amendment
is submitted; and - }
' { - (ii) Submit the original or a copy of the executed
amendment to the declaration approved by the commissioner if
required by law prior to approval of the plat amendment. - }
' { - (E) Upon request, the person offering the plat amendment
for recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat
amendment, with the county assessor and the county surveyor. The
exact copy shall be made on suitable drafting material having the
strength, stability and transparency required by the county
surveyor. - }
' { - (b)(A) A change to a restriction or other information
not required to be graphically depicted on the plat may be made
by amendment of the declaration without a plat amendment
described in paragraph (a) of this subsection. An amendment under
this paragraph shall include: - }
' { - (i) A reference to recording index numbers and date of
recording of the declaration, plat and any applicable
supplemental declarations, amendments, supplemental plats or plat
amendments. - }
' { - (ii) A description of the change to the plat. - }
' { - (iii) A statement that the amendment was approved in
accordance with the declaration and ORS 100.135. - }
' { - (B) The amendment shall be executed, approved and
recorded in accordance with ORS 100.110 and 100.135. - }
' { - (C) Before the amendment may be recorded, it must be
approved by the city or county surveyor as provided in ORS
92.100. The surveyor shall approve the amendment if it complies
with this subsection. Such approval shall be evidenced by
execution of the amendment or by written approval attached
thereto. - }
' { - (c)(A) Floor plans of a condominium for which a plat was
not required at the time of creation may be amended by an
amendment to the declaration. An amendment under this paragraph
shall include: - }
' { - (i) A reference to recording index numbers and date of
recording of the declaration and any applicable supplemental
declarations or amendments. - }
' { - (ii) A description of the change to the floor plans. - }
' { - (iii) A graphic depiction of any change to the
boundaries of a unit or common element and a statement by a
registered architect, registered professional land surveyor or
registered professional engineer certifying that such graphic
depiction fully and accurately depicts the boundaries of the unit
or common element as it currently exists. - }
' { - (B) The amendment shall be approved and recorded in
accordance with ORS 100.110 and 100.135 except that any change to
the floor plans need only comply with the requirements of the
unit ownership laws in effect at the time the floor plans were
initially recorded. - }
' { - (10) After recording of any declaration amendment or
plat amendment pursuant to subsection (9) of this section, the
county surveyor shall, upon the surveyor's copy of all previously
recorded plats relating to the condominium and any copies filed
under ORS 92.120 (3), make such appropriate marks or notations,
including the date and the surveyor's name or initials, with
archival quality black ink in such manner as to denote the
changes. The recording index numbers and date of recording of the
declaration amendment and any plat amendment shall also be
referenced on the copy of each plat. The original plat may not be
changed or corrected after the plat is recorded. - }
' { - (11) For performing the services described in
subsections (9) and (10) of this section, the county surveyor
shall collect from the person offering the plat amendment or
declaration amendment for approval a fee established by the
county governing body. - }
' { - (12) The following may be amended by an affidavit of
correction in accordance with ORS 92.170: - }
' { - (a) A plat, whenever recorded. - }
' { - (b) Floor plans recorded prior to October 15, 1983. - }
' { + SECTION 42. + } { + Section 43 of this 2009 Act is
added to and made a part of ORS chapter 100. + }
' { + SECTION 43. + } { + (1) A plat, including any floor
plans that are a part of a plat, recorded before October 15,
1983, may be amended as provided in this section.
' (2)(a) Except as otherwise provided in ORS 100.600, the
following must be made by a plat entitled 'Plat Amendment':
' (A) A change to the boundary of the property, a unit or a
limited common element;
' (B) The creation of an additional unit from common elements;
or
' (C) A change to the configuration of other information
required to be graphically depicted on the plat.
' (b) The plat amendment shall reference in the title of the
amendment the recording information of the original plat and any
previous plat amendments.
' (3) The plat amendment shall comply with ORS 92.050, 92.060
(1), (2) and (4), 92.080 and 92.120 and shall include:
' (a) A graphic depiction of the change;
' (b) For a change to the boundary of the property, a
surveyor's certificate that complies with ORS 92.070;
' (c) If the plat amendment is an amendment by correction under
section 43b of this 2009 Act, a statement that the plat amendment
is an amendment by correction under section 43b of this 2009 Act;
' (d) A certification, including signature and official seal,
of a registered professional land surveyor that:
' (A) The plat amendment accurately depicts the amendments to
the plat described in the declaration amendment recorded under
subsection (5) of this section; and
' (B) Any construction that changes the boundaries of a unit or
limited common element or the construction of any additional unit
or limited common element has been completed; and
' (e) A declaration by the chairperson and secretary on behalf
of the association of unit owners that the plat is being amended
pursuant to this section. If the amendment to the declaration
required under subsection (5) of this section is a correction
amendment under section 43a of this 2009 Act, the declaration
shall be by the declarant if the declarant adopts the correction
amendment under section 43a of this 2009 Act.
' (4) The declaration required under subsection (3)(e) of this
section shall be executed and acknowledged in the manner provided
for acknowledgment of deeds.
' (5) The plat amendment shall be accompanied by an amendment
to the declaration authorizing the plat amendment. The
declaration amendment shall be executed, approved and recorded in
accordance with ORS 100.110 and 100.135 or section 43a of this
2009 Act, if the declaration amendment is a correction amendment
under section 43a of this 2009 Act.
' (6) Before a plat amendment may be recorded, it must be
approved by the city or county surveyor as provided in ORS
92.100. The surveyor shall approve the plat amendment if it
complies with the requirements of this subsection. The person
offering the plat amendment shall:
' (a) Submit a copy of the proposed amendment to the
declaration required under subsection (3) of this section when
the plat amendment is submitted.
' (b) Submit the original or a copy of the executed amendment
to the declaration approved by the Real Estate Commissioner if
required by law prior to approval of the plat amendment.
' (c) Upon request, file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat
amendment, with the county assessor and the county surveyor. The
exact copy shall be made on suitable drafting material having the
strength, stability and transparency required by the county
surveyor.
' (7) A change to a restriction or other information not
required to be graphically depicted on the plat may be made by
amendment of the declaration without a plat amendment described
in subsection (3) of this section. A declaration amendment under
this subsection shall include:
' (a) References to recording index numbers and date of
recording of the declaration or plat and any applicable
supplemental declarations, amendments, supplemental plats or plat
amendments.
' (b) A description of the change to the plat.
' (c) A statement that the amendment was approved in accordance
with the declaration and ORS 100.135.
' (8) The declaration amendment described in subsection (7) of
this section shall be executed, approved and recorded in
accordance with ORS 100.110 and 100.135.
' (9) Before the declaration amendment described in subsection
(7) of this section may be recorded, it must be approved by the
city or county surveyor as provided in ORS 92.100. The surveyor
shall approve the declaration amendment if it complies with
subsection (7) of this section. Such approval shall be evidenced
by execution of the amendment or by written approval attached
thereto.
' (10) Floor plans of a condominium for which a plat was not
required at the time of creation may be amended by amendment of
the declaration. An amendment under this subsection shall
include:
' (a) References to recording index numbers and date of
recording of the declaration and any applicable supplemental
declarations or amendments.
' (b) A description of the change to the floor plans.
' (c) A graphic depiction of any change to the boundaries of a
unit or common element and a statement by a registered architect,
registered professional land surveyor or registered professional
engineer certifying that such graphic depiction fully and
accurately depicts the boundaries of the unit or common element
as it currently exists.
' (11) The declaration amendment described in subsection (10)
of this section shall be approved and recorded in accordance with
ORS 100.110 and 100.135 except that any change to the floor plans
need only comply with the requirements of the unit ownership laws
in effect at the time the floor plans were initially recorded.
' (12) After recording of any declaration amendment or plat
amendment pursuant to this section, the county surveyor shall,
upon the surveyor's copy of all previously recorded plats
relating to the condominium and any copies filed under ORS 92.120
(3), make such appropriate marks or notations, including the date
and the surveyor's name or initials, with archival quality black
ink in such manner as to denote the changes. The recording index
numbers and date of recording of the declaration amendment and
any plat amendment shall also be referenced on the copy of each
plat. The original plat may not be changed or corrected after the
plat is recorded.
' (13) For performing the services described in subsections (9)
and (12) of this section, the county surveyor shall collect from
the person offering the plat amendment or declaration amendment
for approval a fee established by the county governing body. + }
' { + SECTION 43a. + } { + (1) As used in this section and
section 43b of this 2009 Act, 'document' means the declaration,
supplemental declaration or bylaws of a condominium.
' (2) Notwithstanding a provision in a document or this
chapter, a document or an amendment to a document may be
corrected by a correction amendment under this section to:
' (a) Correct the omission of an exhibit to a document.
' (b) Correct a mathematical mistake, including, but not
limited to:
' (A) The calculation of the stated interest of affected units
in the common elements;
' (B) The area in square feet of a unit specified in the
declaration or supplement declaration; and
' (C) Liability of a unit for common expenses or right to
common profits.
' (c) Correct an inconsistency within a document or between or
among the documents or a plat, supplemental plat or plat
amendment.
' (d) Correct an ambiguity, inconsistency or error with respect
to an objectively verifiable fact.
' (e) Conform the declaration or supplemental declaration to a
plat amendment under section 43 of this 2009 Act or an affidavit
of correction under section 43b of this 2009 Act.
' (f) Correct a provision that is inconsistent with this
chapter.
' (g) Correct the omission of a provision required under this
chapter.
' (3) A correction amendment adopted under subsection (4) of
this section shall include:
' (a) The words 'Correction Amendment' in or after the title;
' (b) A reference to the recording index numbers and date of
recording of the declaration, bylaws, plat, the document being
corrected and any other applicable supplemental declarations,
supplemental plats or amendments to the documents;
' (c) A statement of the purpose of the correction; and
' (d) A reference to this section.
' (4) The board of directors may adopt a correction amendment
under this section after giving notice as provided in subsection
(8) of this section. No action by the unit owners is required.
' (5) The declarant of the condominium may unilaterally adopt a
correction amendment under this section to:
' (a) A document or an amendment to a document, before the
conveyance of the first unit in the condominium.
' (b) A supplemental declaration or an amendment to the
supplemental declaration, before conveyance of the first unit in
the particular phase or stage.
' (6) A correction amendment under this section shall be
approved by the Real Estate Commissioner under ORS 100.110 and,
to the extent required, ORS 100.410, the county assessor in
accordance with ORS 100.110 and, if required, the county tax
collector.
' (7) A correction amendment that corrects the boundary of a
unit, common element, variable property or other property
interest constitutes a conveyance to the extent necessary to
effectuate the correction.
' (8)(a) Except for a correction amendment adopted by a
declarant under subsection (5) of this section, the notice of any
meeting of the board of directors at which the board intends to
consider adoption of a correction amendment under this section
must:
' (A) State that the board intends to consider the adoption of
a correction amendment.
' (B) Specify the document to be corrected.
' (C) Include a general description of the nature of the
correction.
' (b) At least three days before the meeting of the board of
directors, a notice of the meeting must be given to all owners in
the manner described in ORS 100.420 (3).
' (9) The owner of a unit materially affected by the correction
must be given notice of the meeting of the board of directors
under subsection (8) of this section in the manner required under
ORS 100.407 (4).
' (10) The board of directors shall provide a copy of the
recorded correction amendment and any plat amendment by
correction or by affidavit of correction under section 43b of
this 2009 Act recorded concurrently with the correction amendment
to any owner described under subsection (9) of this section and
to any owner if the correction changes that owner's:
' (a) Allocation of voting rights;
' (b) Liability for common expenses that changes the amount of
any assessment; or
' (c) Allocation of interest in the common elements. + }
' { + SECTION 43b. + } { + (1) Unless the context requires
otherwise, as used in this section 'plat' means:
' (a) A plat recorded under ORS 100.115.
' (b) Floor plans made part of a plat that was recorded before
October 15, 1983.
' (c) A supplemental plat recorded under ORS 100.115.
' (d) A plat amendment recorded under section 43 of this 2009
Act.
' (2) Notwithstanding a provision in a document of a
condominium or this chapter, a plat may be corrected by a plat
amendment under section 43 of this 2009 Act as provided in
subsection (3) of this section or by an affidavit of correction
as provided in subsection (4) of this subsection.
' (3) Except as provided in subsection (4) of this section, a
correction to a plat must be made by a plat amendment in
accordance with section 43 of this 2009 Act. The plat amendment
by correction may:
' (a) Conform the designation, depiction or boundaries of a
unit, common elements or variable property on the plat to the
physical location or actual dimensions of the unit, common
elements or variable property.
' (b) Correct a mathematical mistake.
' (c) Correct the designation of a unit or limited common
element.
' (d) Make any other correction permitted under section 43a of
this 2009 Act.
' (4) An affidavit of correction may correct a plat to:
' (a) Show any courses or distances omitted from the plat.
' (b) Correct an error in any courses or distances shown on the
plat.
' (c) Correct an error in the description of the real property
shown on the plat.
' (d) Correct any other errors or omissions when the error or
omission is ascertainable from the data shown on the plat.
' (e) Correct any other errors or omissions on the plat
determined by the county surveyor.
' (5) Nothing in subsection (4) of this section may be
construed to permit changes in courses or distances for the
purpose of redesigning unit, common element or variable property
configurations by affidavit of correction under this section.
' (6) The affidavit of correction shall be prepared by the
registered professional land surveyor whose signature and seal
are on the plat. In the event of the death, disability or
retirement from practice of the surveyor, the county surveyor may
prepare and record the affidavit of correction.
' (7) The affidavit of correction prepared under subsection (6)
of this section shall:
' (a) Set forth in detail the corrections made; and
' (b) Contain the seal and signature of the registered
professional land surveyor making the correction which shall be
affixed to the affidavit of correction.
' (8) The affidavit of correction shall be submitted to the
county surveyor for examination and a determination that:
' (a) The changes shown on the affidavit of correction are
permitted under subsection (4) of this section; and
' (b) The affidavit of correction complies with subsection
(7)(a) of this section.
' (9) If the county surveyor determines that the affidavit of
correction complies with subsection (7) of this section, the
county surveyor shall sign a certification that the affidavit of
correction has been examined and complies with this section. The
certification shall be a part of or an attachment to the
affidavit of correction.
' (10)(a) Before an affidavit of correction is recorded, it
must be approved by the Real Estate Commissioner. The affidavit
of correction shall be filed with the commissioner under ORS
100.670.
' (b) The commissioner shall approve the affidavit of
correction if it complies with this section. The approval shall
be evidenced by execution of the affidavit of correction.
' (11)(a) The surveyor who prepared the affidavit of correction
shall cause the affidavit of correction to be recorded by the
recording officer of the county where the plat or supplemental
plat is recorded.
' (b) If a correction by an affidavit of correction requires a
correction amendment to a document under section 43a of this 2009
Act, the affidavit of correction must be recorded concurrently
with the correction amendment.
' (12) The surveyor who prepared the affidavit of correction
shall cause a copy of the recorded affidavit of correction to be
provided to:
' (a) The association of unit owners of the condominium, at the
address shown in the Condominium Information Report filed in
accordance with ORS 100.250 or such other address of which the
surveyor has knowledge.
' (b) The county surveyor, unless otherwise directed by the
county surveyor.
' (c) The commissioner.
' (13)(a) Unless otherwise specified in the affidavit of
correction, after recording the affidavit of correction, the
county clerk shall return the affidavit of correction to the
county surveyor.
' (b) Upon receipt of the original recorded affidavit of
correction or a copy, the county surveyor shall note the
correction and the recorder's filing information, with permanent
ink, upon any true and exact copies filed in accordance with ORS
92.120 (3). The corrections and filing information shall be
marked in such a manner so as not to obliterate any portion of
the plat.
' (14) For recording the affidavit of correction under
subsection (11) of this section, the county clerk shall collect a
fee as provided in ORS 205.320. Corrections or changes are not
allowed on the original plat once it is recorded.
' (15) For performing the services described in this section,
the county surveyor shall collect from the person submitting the
affidavit of correction a fee established by the county governing
body. + }
' { + SECTION 44. + } ORS 100.120 is amended to read:
' 100.120. (1) To annex additional property to the condominium
or to reclassify variable property under ORS 100.125 or 100.150,
a supplemental declaration and a supplemental plat shall be
executed, approved and recorded by declarant at the time of each
annexation or reclassification. The supplemental plat shall
comply with ORS 100.115 and the supplemental declarations shall:
' (a) Include a reference to recording index numbers and date
of recording of the initial declaration and bylaws.
' (b) Be consistent with the provisions of the original
declaration prepared pursuant to ORS 100.105 and any prior
recorded supplemental declarations.
' (c) Contain the information required by ORS 100.105 (1)
insofar as that information relates to the property being annexed
or reclassified.
' (d) State the allocation of undivided interest in the common
elements of each unit previously submitted to the provisions of
this chapter upon the creation or annexation of the additional
property.
' (e) If the stage being annexed contains any variable
property, include the information required under ORS 100.105 (7)
insofar as that information relates to the property being
annexed. The termination date shall be consistent with the
information included in the declaration in accordance with ORS
100.105 (2)(b) but may not exceed seven years from the recording
of the conveyance of the first unit in the stage to a person
other than the declarant. Recording shall be in the county in
which the property is located.
' (2) If the Condominium Information Report and the Annual
Report described in ORS 100.250 are designated current as
provided in ORS 100.255, all such supplemental declarations and
plats shall be approved, executed and recorded as provided in ORS
100.100, 100.110 and 100.115. No unit being annexed or created by
a supplemental declaration shall be conveyed until after such
recording.
' (3) To withdraw all or a portion of variable property from a
flexible condominium pursuant to ORS 100.150 (1)(b), a
supplemental declaration and plat shall be recorded in accordance
with subsection (2) of this section. The supplemental plat shall
comply with ORS 100.115 { - (3) - } { + (2) + } and the
supplemental declaration shall:
' (a) Be consistent with the provisions of the declaration or
supplemental declaration drawn pursuant to ORS 100.105 (7).
' (b) Include a metes and bounds legal description of the
variable property being withdrawn.
' (c) Include a metes and bounds legal description of the
resulting boundaries of the condominium after the withdrawal.
' (d) State whether or not any variable property remains which
may be reclassified or withdrawn from the condominium and, if
property may be withdrawn, include the statement required under
ORS 100.105 (7)(m).
' (e) If any variable property is being redesignated as '
nonwithdrawable variable property,' include the information
required under ORS 100.105 (7)(L).
' (4) Except as provided in subsection (5) of this section, as
to property submitted to unit ownership after October 4, 1977,
additional units may not be added within property previously
submitted to unit ownership unless all unit owners consent to an
amendment to the declaration, plat and any floor plans recorded
pursuant to { - ORS 100.115 - } { + section 43 of this 2009
Act + } in order to provide for such additional units.
' (5) As to property submitted to unit ownership before
September 27, 1987, if the declaration provides that additional
property may be annexed to the condominium, any subsequent stage
may contain variable property. The termination date may not be
later than the earlier of:
' (a) The date specified in the declaration under ORS 100.105
(2)(b); or
' (b) Seven years from the recording of the conveyance of the
first unit in the condominium to a person other than the
declarant. Recording shall be in the county in which the property
is located.
' { + SECTION 45. + } ORS 100.125 is amended to read:
' 100.125. Subject to ORS 100.120 (4), if the declaration
complies with ORS 100.105 (2), until the termination date,
additional property may be annexed to the condominium by the
recording of a supplemental declaration and supplemental plat in
accordance with ORS { - 100.115 and - } 100.120 { + and
section 43 of this 2009 Act + }.
' { + SECTION 46. + } ORS 100.130 is amended to read:
' 100.130. (1) Subject to any limitations contained in the
declaration, the boundaries between adjoining units, including
any intervening common elements, may be relocated or eliminated
by an amendment to the declaration. The owners of the affected
units shall submit to the board of directors of the association a
proposed amendment which shall identify the units involved, state
any reallocations of common element interest, voting rights,
common expense liability and right to common profits and contain
words of conveyance. The board of directors shall approve the
amendment unless it determines within 45 days that the
reallocations are unreasonable or the relocation or elimination
will impair the structural integrity or mechanical systems of the
condominium or lessen the support of any portion of the
condominium.
' (2) The board of directors of the association of unit owners
may require the owners of the affected units to submit an opinion
of a registered architect or registered professional engineer
that the proposed relocation or elimination will not impair the
structural integrity or mechanical systems of the condominium or
lessen the support of any portion of the condominium.
' (3) The board of directors of the association or any agent
appointed by the board of directors may supervise the work
necessary to effect the boundary relocation or elimination.
' (4) Any expenses incurred under subsections (2) and (3) of
this section shall be charged to the owners of the units
requesting the boundary relocation or elimination.
' (5) The amendment shall be executed by the owners and
mortgagees or trust deed beneficiaries of the affected units,
certified by the chairperson and secretary of the association and
approved and recorded in accordance with ORS 100.135 (2)(b).
' (6) An amendment to the plat and any floor plans necessary to
show the altered boundaries between the adjoining units shall be
recorded in accordance with { - ORS 100.115 - } { + section
43 of this 2009 Act + }.
' { + SECTION 47. + } ORS 100.515 is amended to read:
' 100.515. (1) Each unit shall be entitled to an undivided
interest in the common elements in the allocation expressed in
the declaration. Such allocation shall be expressed as a fraction
or percentage of undivided interest in the common elements.
Except as otherwise provided in this chapter, the allocation of
undivided interest of each unit in the common elements as
expressed in a declaration shall not be altered unless all unit
owners having an interest in the particular common element agree
thereto and record an amendment to the declaration setting forth
the altered allocation of each unit having an interest.
' (2) The sums of the undivided interest in the common elements
shall equal one if stated as fractions or 100 percent if stated
as percentages.
' (3) The undivided interest in the common elements shall not
be separated from the unit to which it appertains and shall be
conveyed or encumbered with the unit even though such interest is
not expressly mentioned or described in the conveyance or other
instrument.
' (4) The common elements shall remain undivided and no unit
owner shall bring any action for partition or division of any
part thereof, except as provided in this chapter. Any covenant to
the contrary is void.
' (5) Notwithstanding subsections (1) and (3) of this section,
except where expressly prohibited by the declaration or bylaws,
the right of use of any unit in a limited common element may be
transferred to any other unit. Such transfer shall occur only if
the existing unit owner and all mortgagees of the unit for which
the right of use of the limited common element is presently
reserved and the unit owner to whom the right of use is being
transferred agree to and record an amendment to the declaration
setting forth the transfer.
' (6) Notwithstanding subsections (1) and (3) of this section,
in the case where a single unit is originally designed and
constructed to be two or more separate hotel, motel or other
similar living accommodations with separate bathrooms and
separate entrances from a hallway, balcony, staircase or other
common element, the owner, or owners, with the consent of the
holder, or holders, of any recorded mortgage or lien on the unit,
may separate such unit into two or more units each having such
separate bathrooms and entrances from such common elements. Such
persons may divide between such separate units the allocation of
the common elements assigned to the original unit on
substantially the basis that the square footage of such separated
units bears to the total square footage of the original unit by
recording an amendment to the declaration signed by such owner,
or owners, of original unit together with an amendment to any
plat and floor plan of such original unit recorded pursuant to
{ - ORS 100.115 - } { + section 43 of this 2009 Act + } showing
the division thereof into such two or more units. The amendment
shall comply with { - ORS 100.115 - } { + section 43 of this
2009 Act + }. Such separated parts of the original unit shall not
be used for any purpose other than the purpose for which such
separable parts were originally designed and constructed and
thereafter have generally been used.
' { + SECTION 48. + } ORS 100.640 is amended to read:
' 100.640. The following documents and information shall be
submitted to the Real Estate Commissioner as part of the filing
required under ORS 100.635:
' (1) A copy of the proposed or recorded declaration or
supplemental declaration of condominium ownership drawn in
conformance with ORS 100.105 or 100.120, or the law applicable in
the state where the condominium was created;
' (2) A copy of the proposed or recorded bylaws drawn in
conformance with ORS 100.415 or the law applicable in the state
where the condominium was created;
' (3) A copy of the full size plat prepared in conformance with
ORS 100.115 { - (2) - } { + (1) + } or the law applicable in
the state where the condominium was created, or a copy of the
site plan;
' (4) A statement from the county assessor or county surveyor
that the name for the condominium is acceptable under ORS 100.105
(6);
' (5) 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;
' (6) 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;
' (7) A copy of the reserve study required by ORS 100.175 and
other sources of information that serve as a basis for
calculating reserves in accordance with ORS 100.175, unless the
information is contained in the disclosure statement;
' (8) The following sample forms:
' (a) Unit sales agreement, including the notice to purchaser
of cancellation rights in accordance with ORS 100.730 and
100.740, the statement required by ORS 93.040 (2) and any
warranty required under ORS 100.185; and
' (b) A receipt for documents required under ORS 100.725;
' (9) If required by ORS 100.680:
' (a) A copy of the escrow agreement drawn in conformance with
ORS 100.680 and executed by both the declarant and the escrow
agent. If individual escrow agreements or instructions are to be
executed by the purchaser, other than the standard escrow
instruction required by the escrow agent, submit sample form and
a letter from the escrow agent, agreeing to the establishment of
the escrows and the procedure set forth in the sample form; and
' (b) A unit sales agreement drawn in conformance with ORS
100.680;
' (10) If any of the sales will be by means of an installment
contract of sale:
' (a) A copy of the escrow agreement or escrow instructions
executed by the developer and the escrow agent providing for the
establishment of collection escrows and the deposit of documents
in accordance with ORS 100.720; and
' (b) The proposed installment contract of sale form, if
available;
' (11) Any other documents by which the purchasers will be
bound;
' (12) Any report or disclosure statement issued for the
condominium, by the federal government and any other state; and
' (13) A statement of any additional facts or information which
the developer desires to submit to the commissioner.'.
----------