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

Community associations often have voluminous records. Owners, who are members of the association, have a right to inspect and review those records. Financial records, meeting minutes, and governing documents are some of the items which constitute official “association records.” For a more detailed list of association records, visit here. There are some records, however, which owners are not entitled to review or inspect. Some of those records include:

1. Contracts, leases or business transactions currently under negotiation;

2. Documents or correspondence protected by attorney-client privilege;

3. Records created for consideration in executive session; and

4. Documents or records subject to confidentiality agreements.

Most other records, however, must be available for owner review and inspection. Under state statute the association is authorized to charge reasonable copy costs or administrative costs. For Washington homeowner associations, the law provides:

All records of the association, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records. (64.38.045)

Oregon homeowner associations are governed by a similar statute, which also imposes a 10 day timeline:

(11) The association, within 10 business days after receipt of a written request by an owner, shall furnish the requested information required to be maintained under subsection (10) of this section.

(12) The board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs for furnishing the documents, information or records. (ORS 94.670)

Associations should timely respond to all reasonable records requests from owners (and in some cases mortgagees). The board should adopt a record inspection policy or resolution explaining when and how records may be requested, a list of any records which are not subject to inspection, and a schedule of costs or fees for inspection or duplication of records. Here is a sample records inspection form that may be used and tailored for your association: Sample Records Request Form

Recording Documents in Community Associations

Association Record Inspection