Recording Documents in Community Associations

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

Recording Board Meetings

Audio or video recording of board meetings typically happens under two circumstances: 1) the secretary of the association records the meeting to assist with creating meeting minutes; and 2) an owner in the audience (without permission) records the meeting. Carefully consider any policy which allows the recording of board meetings. Directors are often less inclined to speak freely if the meeting is recorded. Recording for Meeting Minute Preparation

If the board records meetings for the purpose of creating meeting minutes, adopt a policy stating how long the recordings will be kept. At the expiration of that time period, destroy the recordings.

In most cases, however, there is no need to record board meetings for the purpose of creating minutes. Meeting minutes should contain the motions made, who seconded the motion, and whether the motion passed. Oregon law also requires to list which board members voted yes and which members voted no. Attempting to summarize the discussion or debate of the motion is not required, and generally not advised.

Owner Recording of Board Meetings

Oregon condominium and homeowner associations (and Washington homeowner associations) are required to allow owners to attend board meetings. Although many boards have an open forum for owners at the start or end of the board meeting, owners are not allowed to otherwise participate or vote at board meetings.

Under Robert’s Rules of Order, the board of directors is entitled to adopt rules of order or standing rules governing its meetings. If the board’s decision is to prohibit the recording of board meetings, simply adopt a policy stating that no audio or video recording is allowed.

In addition, ORS 165.540 prohibits the recording of any conversation unless all parties to the conversation are specifically informed. This statute can be used to prevent the secret or unauthorized recording of board meetings. If an owner continues to record a board meeting, the owner can be asked to leave the meeting once the board has adopted a policy.