100.120, the termination date from the date of recording of the conveyance of the first unit in the condominium to a person other than the declarant may not exceed: ����� (A) Twenty years, only if a

100.120, the termination date from the date of recording of the conveyance of the first unit in the condominium to a person other than the declarant may not exceed:

����� (A) Twenty years, only if a condominium consists, or may consist if the condominium is a flexible condominium, exclusively of units to be used for nonresidential purposes; or

����� (B) Seven years.

����� (e) The maximum number of units that may be created.

����� (f) A statement that the method used to establish the allocations of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights as additional units are created is the same as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.

����� (g) A general description of all existing improvements and the nature and proposed use of any improvements that may be made on variable property if the improvements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.

����� (h) A statement of whether or not the declarant reserves the right to create limited common elements within any variable property, and if so, a general description of the types that may be created.

����� (i) A statement that the plat shows the location and dimensions of all withdrawable variable property that is labeled �WITHDRAWABLE VARIABLE PROPERTY.�

����� (j) A statement that if by the termination date all or a portion of the withdrawable variable property has not been withdrawn or reclassified, the withdrawable variable property is automatically withdrawn from the condominium as of the termination date.

����� (k) A statement of the rights of the association under ORS 100.155 (2).

����� (L) A statement of whether or not all or any portion of the variable property may not be withdrawn from the condominium and, if so, with respect to the nonwithdrawable variable property:

����� (A) A statement that the plat shows the location and dimensions of all nonwithdrawable variable property that is labeled �NONWITHDRAWABLE VARIABLE PROPERTY.�

����� (B) A description of all improvements that may be made and a statement of the intended use of each improvement.

����� (C) A statement that, if by the termination date all or a portion of the variable property designated as �nonwithdrawable variable property� has not been reclassified, the property is automatically reclassified as of the termination date as a general common element of the condominium and any interest in the property held for security purposes is automatically extinguished by the classification.

����� (D) A statement of the rights of the association under ORS 100.155 (3).

����� (m) A statement by the local governing body or appropriate department thereof that the withdrawal of any variable property designated as �withdrawable variable property� in the declaration in accordance with paragraph (L) of this subsection, will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the declaration.

����� (8) The plan of development for any variable property included in the declaration or any supplemental declaration of any stage in accordance with subsection (7) of this section is subject to any plan of development included in the declaration in accordance with subsection (2) of this section, except that the time limitation specified in subsection (7)(d) of this section governs any right reserved under ORS 100.150 (1) with respect to any variable property.

����� (9) The information included in the declaration in accordance with subsection (7)(j), (k) and (m) of this section may not be deleted by amendment.

����� (10)(a) Approval by the unit owners is not required for a declarant to redesignate withdrawable variable property as �nonwithdrawable variable property� under ORS 100.150 (1) by supplemental declaration and supplemental plat, for any reason, including if the redesignation is required by the local governing body to comply with any planning or zoning regulation or ordinance.

����� (b) If as a result of a redesignation under paragraph (a) of this subsection, the information required to be included in the supplemental declaration under subsection (7)(L)(B) of this section is inconsistent with the information included in the declaration or supplemental declaration in accordance with subsection (7)(g) of this section, an amendment to the declaration or supplemental declaration and plat or supplemental plat approved by at least 75 percent of owners is required.

����� (11) The statement of an interest in property other than fee simple submitted to the condominium form of ownership and any easements, rights or appurtenances belonging to property submitted to the condominium form of ownership, whether leasehold or fee simple, must include:

����� (a) A reference to the recording index numbers and date of recording of the instrument creating the interest; or

����� (b) A reference to the law, administrative rule, ordinance or regulation that creates the interest if the interest is created under law, administrative rule, ordinance or regulation and not recorded in the office of the recording officer of the county in which the property is located. [Formerly 94.029; 1995 c.31 �1; 1997 c.816 �3; 1999 c.677 �40; 2001 c.756 �26; 2003 c.569 �23; 2007 c.410 �8; 2009 c.641 �36; 2019 c.69 �3; 2023 c.223 �14]

����� 100.110 Approval of declaration, supplemental declaration or amendment required; prerequisites; fee. (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, supplemental declaration or, if required under subsection (3) of this section, 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 (7) of this section are met. Approval must be evidenced by execution of the declaration or amendment or by a written approval attached thereto.

����� (d) If the requirements of subsections (2) to (7) of this section are met, the commissioner, county assessor and tax collector, if applicable, shall approve the declaration, supplemental declaration or amendment.

����� (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 complies with the requirements of ORS 100.115 or the plat amendment complies with ORS 100.116.

����� (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, changes the boundary of a unit or creates an additional unit from all or parts of other units or from all or parts of other units and common elements for which a plat amendment is required under ORS 100.116, if:

����� (a) All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll for the affected units that 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 for the affected units that 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 affected units from any special assessment have been paid.

����� (4) Subject to subsection (6) 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