(a) The word "Restated" in the declaration title.
(b) All previously adopted amendments that are recorded and in effect.
(c) A statement that the association has adopted a resolution in accordance with this subsection.
(d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.
(e) A certification by the association that:
(A) The restated declaration includes all previously adopted amendments that are recorded and in effect.
(B) Other changes were not made to the declaration except, if applicable, to correct scriveners’ errors or to conform format and style.
(2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:
(a) The words "Restated Assignment of Use of Limited Common Elements" followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.
(b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.
(c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.
(d) The unit to which the use of each limited common element is reserved.
(e) An allocation, if any, of use of a limited common element assigned to more than one unit.
(f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.
(g) A statement that the association has adopted a resolution in accordance with this subsection.
(h) Any other information required by rule by the Real Estate Commissioner.
(i) Certification by the association that:
(A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.
(B) Other changes were not made to the restatement except to correct scriveners’ errors or to conform format and style.
(3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.
(4) A restated declaration or a restated assignment of use under this section is not effective unless:
(a) Executed by the association and acknowledged;
(b) Approved by the commissioner under ORS 100.110; and
(c) Recorded in the office of the recording officer of every county in which the condominium is located.
(5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 §2]
Note: 100.119 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.
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 100.005 - Definitions.
Section 100.020 - Condominium provisions; restrictions.
Section 100.023 - Void and unenforceable provisions of condominium governing document.
Section 100.102 - Leasehold condominium submitted to unit ownership.
Section 100.103 - Effect of submission of leasehold condominium to unit ownership.
Section 100.105 - Contents of declaration; property name; variable property description.
Section 100.116 - Plat amendment; fees.
Section 100.117 - Correction amendment to declaration or bylaws.
Section 100.118 - Correction amendment to condominium plat; fees.
Section 100.119 - Restated declaration; restated assignment of use.
Section 100.123 - Authority to amend declaration or bylaws to comply with federal or state law.
Section 100.130 - Relocation of unit boundaries and common elements by amendment to declaration.
Section 100.135 - Amendments to declaration; requirements; procedure.
Section 100.150 - Declarant’s options until termination date.
Section 100.155 - Variable property; uses and restrictions.
Section 100.200 - Declarant control of association.
Section 100.205 - Transitional committee; notice of meeting for formation.
Section 100.210 - Turnover meeting; notice; transfer of control.
Section 100.225 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 100.250 - Documents required to be filed with Real Estate Agency; fees.
Section 100.255 - Processing of documents filed with Real Estate Agency; procedures.
Section 100.260 - Condominium Information and Annual Reports; contents; fees.
Section 100.265 - Annual Report; notification; filing.
Section 100.275 - Application of ORS 100.250 to 100.280.
Section 100.280 - Termination of filing Condominium Information Report.
Section 100.285 - Resignation of designated agent; procedures; effective date.
Section 100.305 - Conversion condominium; notice.
Section 100.310 - Rights of tenants in conversion.
Section 100.315 - Improvements in conversion condominium during notice period.
Section 100.407 - Annual and special meetings of association.
Section 100.408 - Quorum for meeting of association.
Section 100.409 - Rules of order.
Section 100.410 - Adoption of bylaws; amendment.
Section 100.411 - Restated bylaws.
Section 100.413 - Approval of amended or restated bylaws.
Section 100.415 - Contents of bylaws.
Section 100.416 - Criteria for board of directors membership.
Section 100.417 - Board of directors of association; powers and duties.
Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.
Section 100.419 - Assent of director to board action.
Section 100.420 - Board meetings; executive sessions.
Section 100.423 - Electronic notice to owner or director.
Section 100.427 - Methods of voting.
Section 100.428 - Electronic ballot.
Section 100.430 - Unit deeds; contents.
Section 100.435 - Insurance for individual units and common elements; fidelity bond.
Section 100.440 - Liens against property; removal from lien; effect of part payment.
Section 100.445 - Independent default clauses; option to purchase fee simple interest.
Section 100.465 - Circumstances in which deed in lieu of foreclosure extinguishes lien.
Section 100.481 - Application of ORS 100.480.
Section 100.483 - Annual budget; distribution of budget summary to owners.
Section 100.505 - Status and ownership of units.
Section 100.510 - Units and common elements distinguished.
Section 100.515 - Interest of units in common elements.
Section 100.520 - Easement held by units and common elements.
Section 100.525 - Voting or consenting.
Section 100.535 - Maintenance and improvement of units.
Section 100.540 - Use and maintenance of common elements; access for maintenance.
Section 100.550 - Service of process.
Section 100.555 - Taxation of units; exemptions; uniform appraisal and assessment; rules.
Section 100.610 - Common ownership of property removed from unit ownership; valuation; liens.
Section 100.625 - Procedure for dividing or converting units.
Section 100.626 - Legislative findings.
Section 100.627 - Electric vehicle charging stations.
Section 100.635 - Filing with commissioner; fee.
Section 100.640 - Filing; required documents and information.
Section 100.645 - Filing information to be kept current.
Section 100.658 - Limited residential condominium filing.
Section 100.660 - Nonresidential condominium or security filing; contents.
Section 100.668 - Documents and information included with filing.
Section 100.670 - Fees; hourly rate; deposit.
Section 100.675 - Inventory of filing; review; approval; timelines.
Section 100.680 - Escrow of unit sales agreement.
Section 100.685 - Contents of unit sales agreement.
Section 100.720 - Conditions prerequisite to sale.
Section 100.725 - Documents prerequisite to execution of sale agreement and conveyance of unit.
Section 100.735 - Waiver of right to cancel.
Section 100.740 - Notice to purchaser of cancellation rights; form.
Section 100.745 - Escrow documents required of successor to vendor’s interest.
Section 100.770 - Fraud and deceit prohibited.
Section 100.785 - Blanket encumbrance prohibited.
Section 100.900 - Civil penalty.
Section 100.905 - Cease and desist order; injunction.
Section 100.920 - Changes or actions that require approval or consent of mortgagee.