Title 100 · ORS Chapter 100

94.103] DOCUMENT FILING �� 100.250 Documents required to be filed with Real Estate Agency; fees. (1) The following shall be delivered to the Real Estate Agency for filing on behalf of the a

Citation: ORS 94.103

Section: 94.103

94.103]

DOCUMENT FILING

�� 100.250 Documents required to be filed with Real Estate Agency; fees. (1) The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (5):

�� (a) A Condominium Information Report described in ORS 100.260 (1) by the declarant not later than 90 days after the declaration is recorded under ORS 100.100 or by the board of directors if required under ORS 100.275.

�� (b) The Annual Report described in ORS 100.260 (2) by the declarant until the turnover meeting and the board of directors thereafter every year not later than the report date which shall be the anniversary date of filing the Condominium Information Report.

�� (c) An amendment to the reports required under this subsection by the declarant until the turnover meeting and the board of directors thereafter, within 30 days after there is a change in the information contained in a report.

�� (2) The Real Estate Agency shall collect the following fees for the documents delivered for filing:

______________________________________________________________________________

�� Document�� Fee

�� (a) Condominium Information

�� Report�� $100

�� (b) Annual Report�� $ 25

�� (c) Amendment�� $ 75

�� (d) Application for

�� Termination Statement�� $ 75

�� (e) Statement of Resignation�� $ 75

______________________________________________________________________________

�� (3) Any fee paid under subsection (2) of this section or ORS 100.275 may be a common expense of the condominium. [1989 c.595 �38; 1991 c.132 �13; 1995 c.31 �4; 2001 c.756 �37]

�� Note: 100.250 to 100.290 were added to and made a part of ORS 100.005 to 100.910 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.255 Processing of documents filed with Real Estate Agency; procedures. (1) If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (1) satisfies the requirements of ORS 100.260, and all fees have been paid, the Real Estate Agency shall file the document and designate the filing �current.�

�� (2) The Real Estate Agency files a document by indicating thereon that it has been filed by the Real Estate Agency and the date of filing. The time of filing shall be considered to be 12:01 a.m. on that date. After filing a document, the Real Estate Agency shall return a copy to the association.

�� (3) If the Real Estate Agency refuses to file a document, the Real Estate Agency shall return it to the association within 10 business days after the document was received by the Real Estate Agency, together with a brief written explanation of the reason or reasons for the refusal.

�� (4) The Real Estate Agency�s duty to file documents under this section and ORS 100.250 is ministerial. The Real Estate Agency is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the Real Estate Agency for filing. The Real Estate Agency�s filing or refusing to file a document does not:

�� (a) Affect the validity or invalidity of the document in whole or in part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� (5) The Real Estate Agency�s refusal to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect.

�� (6) If the Real Estate Agency refuses to file a document delivered to the Real Estate Agency for filing, the association, in addition to any other legal remedy which may be available, shall have the right to appeal from such final order pursuant to the provisions of ORS 183.484. [1989 c.595 �39; 1995 c.31 �5]

�� Note: See note under 100.250.

�� 100.260 Condominium Information and Annual Reports; contents; fees. (1) The Condominium Information Report required under ORS 100.250 (1)(a) must set forth:

�� (a) The name of the association;

�� (b) The name of the condominium and the county in which the condominium is located;

�� (c) The mailing address, including the street and number, if any, and county of the association;

�� (d) The date the condominium declaration was recorded and the recording index numbers;

�� (e) The name and residence or business address, including the street and number, of the person designated as agent to receive service of process in cases provided in ORS