Title 100 · ORS Chapter 100

and a certification of plat execution required under ORS 100.110 (4) on

Citation: ORS 100.115

Section: 100.115

100.115 and a certification of plat execution required under ORS 100.110 (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 and a certification of plat execution required under ORS 100.110 (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 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.

����� 100.670 Fees; hourly rate; deposit. (1) A developer or other person required to file materials or information with the Real Estate Commissioner under ORS 100.005 to 100.910 shall pay to the commissioner a fee as required under subsections (2) and (3) of this section for the review, approval and handling of the filings by the commissioner at the time of the initial filing with the commissioner.

����� (2) A fee charged by the commissioner under subsection (1) of this section shall be determined by the commissioner to cover the costs of the commissioner�s review, approval or revision activity. The fee shall be based upon an hourly rate that is subject to prior approval of the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

����� (3) The commissioner shall collect a deposit of $100 from a developer at the time of submitting a filing described in subsection (1) of this section. The amount of the deposit shall be deducted from the final fee computed as provided in subsection (2) of this section. [Formerly 94.354; 1991 c.703 �3; 2023 c.602 �3]

����� 100.675 Inventory of filing; review; approval; timelines. (1) Within five working days after receipt of the prescribed filing fee under ORS 100.670 and information filed under ORS 100.635, 100.660 or 100.668, the Real Estate Commissioner shall inventory the filing and determine whether the filing includes all required information and documentation and designate the filing as:

����� (a) Complete, if the commissioner determines that all required information and documentation is included; or

����� (b) Partially complete, if the commissioner determines that all required information and documentation is not included.

����� (2) If the commissioner designates the filing as complete under subsection (1)(a) of this section, the commissioner shall issue a notice of complete filing to the declarant.

����� (3) If the commissioner designates the filing as partially complete under subsection (1)(b) of this section, the commissioner shall issue to the declarant a notice of partial filing that:

����� (a) Itemizes the information and documentation that must be filed; and

����� (b) States that the filing will not be designated as complete until the commissioner receives the itemized information and documentation required.

����� (4) Within 45 days after the commissioner designates a filing as complete under subsection (1)(a) of this section, the commissioner shall review the filing and:

����� (a) Notify the declarant or developer in writing and specify what information or documentation in the filing does not meet the applicable requirements under this chapter or what additional information is necessary to review and approve the filing or, if the filing is made under ORS 100.635, adopt and issue the disclosure statement;

����� (b) Approve the document filed for approval; or

����� (c) If the filing is made under ORS 100.635, adopt and issue the disclosure statement under ORS