Oregon and Washington are both “record notice” states. This means that owners are deemed to be on notice of any recorded documents—whether or not the owner actually received or reviewed the documents. The act of recording the document "constitutes notice".
Recording is important for other reasons, too. For example, a lot in an Oregon planned community may not be sold or conveyed until the declaration or CC&Rs are recorded in the county records. (ORS 94.565). Similarly, a condominium in Washington is created only when the developer records the declaration or CC&Rs. (RCW 64.34.200)
Keep in mind, improperly recording a document may have legal consequences. If a homeowner or condominium association mistakenly records a lien against a lot or unit, the Association could be liable for damages. The claim against the Association is called "slander of title." In most cases, recorded documents should be prepared and recorded by qualified legal counsel.
By statute, Declarations or CC&Rs must be recorded in the county records where the community is located. This is also true for plat maps, which depict the lot or unit boundaries, easements, streets, and other ownership interests within the subdivision or condominium. In many cases, the association’s bylaws must also be recorded. If an association amends any of the recorded documents, the amendment is not effective until recorded. Oregon law requires amendments to be recorded within one year from the time of owner approval. If the amendment is not recorded in that time frame, the process must be repeated.
Each county has recording requirements which specific font size, margins, and information to included on the first page of the documents. In Oregon, the requirements for recorded documents are found in ORS 205. The requirements include 8 point or larger fonts, 4" on the top margin of the first page, and letter or legal sized paper. The first page of the document must state the title of the document, names of the parties, any consideration (amount paid), and the name and address where the document should be returned.
The requirements for recording documents in Washington are found in RCW 36.18 and RCW 64.04. The requirements include at least a 3" margin on the top of the first page, names of parties involved, an abbreviated legal description, and the tax parcel identification or account number.
| County |
First Page |
Additional Pages |
|
| Clark County, WA |
$73 |
$1 |
|
| Multnomah, OR |
$46 (deeds); $36 (liens) |
$5 |
|
| Washington County, OR |
$41 |
$5 |
|
| Clackamas, OR |
$53 (deeds); $43 (liens) |
$5 |
|
| Deschutes County |
$54 (deeds); $37 (liens) |
$5 |
Here are some of the county recording requirements:
https://multco.us/recording/recording-requirements
http://www.clackamas.us/recording/standards.html
http://www.co.washington.or.us/AssessmentTaxation/Recording/requirements-for-standard-recording.cfm
http://www.co.marion.or.us/CO/records/Documents/firstpagerequirements3512.pdf
http://www.deschutes.org/clerk/page/first-page-requirements
https://www.clark.wa.gov/sites/all/files/auditor/documents/Document_Standardization_Guide.pdf