ORS 100.120: Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date.

(1)(a) To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section. (b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat. (2) The supplemental plat must comply with ORS 100.115 and the supplemental declarations must: (a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws. (b) Be consistent with the provisions of the original declaration prepared pursuant to ORS 100.105 and any prior recorded supplemental declarations. (c) Contain the information required by ORS 100.105 (1) insofar as that information relates to the property being annexed or reclassified. (d) State the allocation of undivided interest in the common elements of each unit previously submitted to the provisions of this chapter upon the creation or annexation of the additional property. (e) If a stage being annexed contains any variable property, include the information required under ORS 100.105 (7) insofar as that information relates to the property being annexed. The termination date must be consistent with the information included in the declaration in accordance with ORS 100.105 (2)(b) but may not exceed seven years from the recording of the conveyance of the first unit in the stage to a person other than the declarant. (3) If the Condominium Information Report and the Annual Report described in ORS 100.250 are designated current as provided in ORS 100.255, all supplemental declarations and plats shall be approved, executed and recorded as provided in ORS 100.100, 100.110 and 100.115. A unit being annexed or created by a supplemental declaration may not be conveyed until after the recording. (4) To withdraw all or a portion of withdrawable variable property from a flexible condominium pursuant to ORS 100.150 (1)(b), a supplemental declaration and plat must be recorded in accordance with subsection (3) of this section. The supplemental plat must comply with ORS 100.115 (2) and the supplemental declaration must: (a) Be consistent with the provisions of the declaration or supplemental declaration drawn pursuant to ORS 100.105 (7). (b) Include a metes and bounds legal description of the variable property being withdrawn. (c) Include a metes and bounds legal description of the resulting boundaries of the condominium after the withdrawal. (d) State whether any variable property remains that may be reclassified, redesignated or withdrawn from the condominium under ORS 100.150 (1) and, if property may be withdrawn, include the statement required under ORS 100.105 (7)(m). (e) If any withdrawable variable property is being redesignated as “nonwithdrawable variable property” under ORS 100.150 (1), include the information required under ORS 100.105 (7)(L) and any other information required by rule of the Real Estate Commissioner. (5) Except as provided in subsection (6) of this section, as to property submitted to unit ownership after October 4, 1977, additional units may not be added within property previously submitted to unit ownership unless all unit owners consent to an amendment to the declaration, plat and any floor plans recorded pursuant to ORS 100.116 in order to provide for such additional units. (6) As to property submitted to unit ownership before September 27, 1987, if the declaration provides that additional property may be annexed to the condominium, any subsequent stage may contain variable property. The termination date may not be later than the earlier of: (a) The date specified in the declaration under ORS 100.105 (2)(b); or (b) Seven years from the recording of the conveyance of the first unit in the condominium to a person other than the declarant. [Formerly 94.047; 1995 c.31 §2; 1999 c.677 §43; 2001 c.756 §29; 2009 c.641 §44; 2019 c.69 §7; 2021 c.97 §10]