§ 100.119 — Restated declaration; restated assignment of use

Oregon § 100.119

• Jurisdiction: Oregon
• Vol.: 3
• Title 10: Property Rights and Transactions
• Ch. 100: Condominiums

Text

(1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:
(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.

Legislative History

2019 c.69 §2