West Oaks Condominiums -
Corvallis, Oregon

- Platted in 2005
- 85 Condos
- Includes the street of - Grand Oaks Drive
- CCR's (Covenants, Conditions and Restrictions)- See Below

- Home Owner Association-

Contact- Not known
Mailing Address- Not known
Phone Number- Not known

West Oaks Condominiums Plat Map-

West Oaks Condominiums Home Styles-

CCR's (Covenants, Conditions and Restrictions)-

Click here to view recorded document - 

West Oaks Condominiums CCRs

BENTON COUNTY, OREGON 2005-388830

I, James V. Morales, County Clerk for Benton County, Oregon, certify that the Instrument Identified herein was recorded In the Clerk records.

James V. Morales - County Clerk

DECLARATION
SUBMITTING WEST OAKS CONDOMINIUMS
TO THE OREGON CONDOMINIUM ACT

THIS DECLARATION is made and executed by Willamette Builders Group at Grand Oaks, LLC, an Oregon limited liability company ("Declarant").

Declarant desires to create a residential condominium to be known as West Oaks Condominiums ("West Oaks"), which will be located in the City of Corvallis, Benton County, Oregon. The purpose of this Declaration is to submit the land, all buildings, improvements, and structures thereon, easements, and any rights and appurtenances located on, belonging to or used in connection with such land, of the West Oaks Condominiums to the condominium form of ownership and use in the manner provided by the Oregon Condominium Act.

NOW, THEREFORE, Declarant does hereby declare and provide as follows:

1.         DEFINITIONS. When used in this Declaration, the following terms shall have the following meanings:

1.1       "Act" means the Oregon Condominium Act (ORS Chapter 100).

1.2       "Association" means the Association of Unit Owners at West Oaks Condominiums.

1.3       "Board of Directors" means the directors selected pursuant to the provisions of this Declaration and the Bylaws to govern the affairs of the Association.

1.4       "Bylaws" means the Bylaws of the Association of Unit Owners, attached hereto as Exhibit C, as the same may be amended from time to time.

1.5       "Common Elements" means all those portions of the Condominium exclusive of the Units.

1.6       "Condominiums" means all of that property, including all improvements, easements and appurtenant rights to or on the Property, submitted to the condominium form of ownership by this Declaration.

 1.7       "Condominium Documents" means this Declaration and the Bylaws, together with any amendments and any exhibits to any of them.

 1.8       "Declarant" means Willamette Builders Group at Grand Oaks, LLC an Oregon limited liability company and its successors and assigns.

 1.9       "Declaration" means this Declaration and any amendments to it.

 1.10     "Eligible Mortgage Insurer or Guarantor" means an insurer or governmental guarantor of a first mortgage on a Unit who has requested notice of certain matters from the Association in accordance with Section 13 of this Declaration.

1.11     "Eligible Mortgage Holder" means a holder of a first mortgage or of a Unit who has requested notice of certain matters by the Association in accordance with Section 13 of this Declaration but shall not include a contract vendor.

 1.12     "Garage Building" means the building in which the Parking Units are located as shown on the Plat.

 1.13     "Limited Common Elements" means those Common Elements designated in Section 6.2 herein to be reserved for the exclusive use of a Unit.

 1.14     "Mortgage" and "Mortgagee" means, respectively, a recorded mortgage, trust deed or contract of sale which creates a lien against a Unit, and the holder, beneficiary or vendor of such a mortgage, trust deed or contract sale.

 1.15     "Owner" or "Unit Owner" shall mean the person owning the fee simple interest in a Unit, unless there is a holder of a vendee's interest in a Unit under a recorded contract of sale or a holder of a life estate or a leasehold estate in a Unit for a term exceeding 20 years, in which event the vendee or lessee, as the case may be, shall be considered the Owner. If there is more than one such vendee's or lessee's interest at any given time, then the holder of the most recent interest shall be considered the current Owner.

 1.16     "Parking Unit" means the airspace and improvements encompassed by the undecorated interior surface of the perimeter walls, floors and ceilings of a Parking Unit, as designated on the Plat, which is owned in fee simple by each Parking Unit Owner and which is more specifically described Section 5.3 of this Declaration and, as the context requires, the accompanying undivided interest in Common Elements.

1.17     "Plat" means the Plat of the West Oaks Condominiums, recorded simultaneously with the recording of this Declaration in the records of Benton County, Oregon, and any such Plat subsequently recorded.

1.18     "Residential Building" means the building in which the Residential Units are located as shown on the Plat.

1.19     "Residential Unit" means the airspace and improvements encompassed by the undecorated interior surface of the perimeter walls, floors and ceilings of a Residential Unit, as designated on the Plat, which is owned in fee simple by each Unit Owner and which is more specifically described Section 5.2 of this Declaration and, as the context requires, the accompanying undivided interest in Common Elements.

1.20     Incorporation by Reference. Except as otherwise provided in this Declaration, each of the terms used herein shall have the meaning set forth in ORS 100.005, a part of the Oregon Condominium Act.    

Declarant has a fee simple interest in the land submitted hereunder. The land submitted to the Oregon Condominium Act by this Declaration is located in the City of Corvallis, Benton County, Oregon, and is more particularly described in Exhibit A attached hereto. The property submitted hereunder includes the land so described, all Buildings, improvements and structures thereon, and all easements, rights and appurtenances located on, belonging to or used in connection with such land.

3.         NAME. The name by which the Condominium shall be known is "West Oaks Condominiums."

4.         DESCRIPTION OF STAGED DEVELOPMENT. The Declarant proposes to develop the Condominium in more than one stage, with the maximum number of square feet, maximum number of stages, and the additional Common Elements and election dates, as follows:

4.1       The maximum number of Residential Buildings shall be nine (9) and the maximum number of Garage Buildings shall be four (4). All Residential Buildings shall be two and one-half (2.5) stories and the Garage Building shall be one (1) story.

4.2       The maximum number of Residential Units to be included in the Condominium development is ninety-five (95) with a maximum total number of square feet of 85,937. The maximum number of Parking Units to be included in the Condominium development is thirty-eight (38) with a maximum total number of square feet of 7,796. All Units are subject to this Declaration (as supplemented).

 4.3       The maximum number of stages in the development, including the initial stage, is two (2). The first stage shall consist of five (5) Residential Buildings and two (2) Garage Buildings. The second stage shall consist of four (4) Residential Buildings and two (2) Garage Buildings.

4.4       Up to one hundred four (104) parking spaces will be provided as additional common elements, which may be assigned to the Residential Units as determined by the Association.

4.5       Additional general Common Elements to be annexed at each stage of development shall include land, landscaping, bike racks and the portion of the Condominium Buildings not included within a Unit or a Limited Common Element. Except as provided below, it is anticipated that additional Common Elements will not substantially increase the proportioned amount of the common expenses payable by the existing Unit Owners. The annexation will have an effect on the allocation of interest in the common elements and voting rights of the existing Unit Owners.

 4.6       In each of the stages, the Declarant reserves the right to construct Units of different floor plans with either larger or smaller floor areas than those in the first stage. However, the quality of construction and the exterior style of the Buildings in each subsequent stage will be compatible with those of the first stage. Limited Common Elements of such Units are expected to be substantially similar to those in the first stage.

4.7       The Declarant reserves the right to annex additional land to become part of the general Common Elements of the Condominium. Such land shall be owned and maintained in like manner to other general Common Elements. The proposed use of such additional land may be open space or for the purpose of complying with land use, zoning and building restrictions, including without limitation any setback or similar restrictions. Should any additional lands be annexed, there is not expected to be a substantial increase in the proportional amount of common expenses, including the monthly assessment for maintenance, repair and replacement.

 4.8     Declarant shall have until October 1, 2007, (the "Termination Date") to annex the additional stage described on the Plat. Provided however, the Declarant may seek an amendment to the Declaration providing for an extension of time to annex such additional property not to exceed two (2) years. Such annexation shall be accomplished by the recordation of a Supplemental Condominium Declaration, which shall set forth the number and type of Units, if any, and a description of the Common Elements and the Units' undivided interests therein. The Supplemental Condominium Declaration shall be accompanied by a Plat certifying annexed Units to be complete and depicting the Units and Common Elements being annexed to the Condominium, and shall follow the procedures set forth in the Oregon Condominium Act. All improvements being annexed in the subsequent stage shall be substantially complete at the time of its annexation and any construction liens which may be recorded in  conjunction with such construction shall not cover any Units constructed in the prior stage. Declarant shall pay all taxes or other assessment against the property to be annexed prior to such annexation. All assessments against annexed Units shall be fixed in the same manner as assessments are fixed against Units in the initial stage.

4.9       To the extent Units in any prior stage to those to be annexed have been sold and are subject to Unit Owner Mortgages insured or held by FNMA, HUD or VA, the Declarant shall obtain the prior written consent of such mortgagees to any annexation prior to recordation of any Supplemental Declaration. Such consent shall not be withheld if the stage to be annexed substantially conforms to the provisions of this Section 4. To obtain such prior written approval in conjunction with a Unit Owner Mortgage held by FNMA, Declarant shall provide FNMA with a copy of the preliminary title commitment and copies of all exceptions shown thereon which affect the property to be annexed or which will affect the previously existing stage(s) of the Condominium.

5.         DESCRIPTION OF UNITS.

5.1       General Description of Units. There will be fifty-one (51) Residential Units in Stage 1, numbered Units A-101, 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304; B-101, 102, 103, 201, 202, 203, 301, 302, 303; G-101, 102, 103, 104, 201, 202, 203, 204, 301, 302; H-101, 102, 103, 104, 201, 202, 203, 204, 301, 302; 1-101, 102, 103, 104, 201, 202, 203, 204, 301, 302. There will be twenty-two (22) Parking Units in Stage 1, numbered 1 through 22. The four (4) different types of Residential Units ("Unit Types") are as follows:

Unit Type A: Contains a kitchen, great room, two bedrooms, two bathrooms, a fireplace and a utility closet. All Units are one level.

Unit Type B: Contains a kitchen, great room, three bedrooms, two bathrooms, a fireplace and a utility closet. All Units are one level.

Unit Type C: Contains a kitchen, great room, one bedroom, one bathroom, a fireplace and a utility closet. All Units are one level.

Unit Type D: Contains a kitchen, great room, two bedrooms, one bathroom, a fireplace and a utility closet. All Units are one level.

Rear yard areas and decks adjoining the Residential Units are limited common elements. The designation, location and area in square feet of each Residential Unit and the area in square feet of each Parking Unit are shown on Exhibit B and the Plat filed simultaneously herewith and made a part of this Declaration as if fully set forth herein.

5.2       Boundaries of Residential Units. Each Residential Unit shall be bounded by the interior unfinished surfaces of its perimeter and bearing walls, windows, doors, floors, and ceilings as shown on the Plat. All lath, furring, wallboard, plasterboard, paneling, plaster, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof shall be a part of the

Unit, except those portions of the walls, floors or ceilings that materially contribute to the structural or shear capacity of the condominium. All other portions of said walls, floors or ceiling shall be part of the Common Elements. The Residential Unit shall include windows, window frames, exterior and interior doors, door frames, air space, non-bearing interior partitions, stairs, landings, entryways, and all other appliances, fixtures and improvements contained therein. In addition, each Residential Unit shall include the outlet of any utility service lines, including but not limited to water, sewerage, gas, electricity, telecommunication and ventilating ducts within the Unit, but shall not include any part of such lines or ducts themselves.

5.3       Boundaries of Parking Units. Each Parking Unit shall be bounded by the interior unfinished surfaces of its perimeter and bearing walls, door, floors, and ceilings as shown on the Plat. All wallboard, plasterboard, paint and any other materials constituting any part of the finished surfaces thereof shall be a part of the Parking Unit, except those portions of the walls, floors or ceilings that materially contribute to the structural or shear capacity of the condominium. All other portions of said walls, floors or ceiling shall be part of the Common Elements. The Parking Unit shall include an exterior door, a door frame, air space and all other fixtures and improvements contained therein. In addition, each Parking Unit shall include the outlet of any electricity lines and ventilating ducts within the Parking Unit, but shall not include any part of such lines or ducts themselves.

5.4       Interpretation of Boundaries. In interpreting deeds, mortgages, deeds of trust or other instruments, for any purpose whatsoever or in connection with any matter, the existing physical boundaries of the Unit, or of a Unit reconstructed in substantial accordance with the original plans hereof, shall be conclusively presumed to be the boundaries regardless of settling, rising or lateral movement of the Building and regardless of variances between boundaries as shown on the Plat and those of the actual Building or Buildings.

5.5       Building Description. The property submitted by this Declaration as Stage 1 includes five (5) two and one-half-story Residential Buildings in which the Residential Units are located and two (2) one-story Garage Buildings in which the Parking Units are located. The Buildings are of wood frame construction on concrete foundation with cement board siding and composition shingle roofs. The vertical and horizontal boundaries, number designation, location and area in square feet of each Unit are depicted on the Plat. The allocation to each Unit in Stage 1 of undivided interest in the Common Elements is stated in paragraph 6.3 below.

6. COMMON ELEMENTS.

6.1       General Common Elements. The general Common Elements of Stage 1 consist of the following, to the extent they exist on the property, and except as portions thereof are expressly designated in this Declaration as part of a Unit or Limited Common Element:

6.1.1    The streets and driveways into the development, land pathways, and grounds, , bicycle racks, outdoor parking areas and handicap parking areas;

6.1.2    The foundations, floor slabs, crawl spaces, columns, girders, beams, supports, bearing walls, perimeter walls, main walls, retaining walls and roofs;

6.1.3    Installations of central services, such as power, cable, light, gas, telecommunication equipment, hot and cold water, heating, refrigeration, air condition, and waste disposal up to the outlets within any Units;

6.1.4    The cable television antennae or reception devises, motors, fans compressors, other utility installations, ducts and, in general, all apparatus and installations existing for common use;

6.1.5    The air space containing the elements described in Section 6.1.2 and 6.1.4;

6.1.6    All sanitary sewer, infrastructure, storm, water management system, domestic and fire water systems, emergency fire response network, exterior lights, and internet wiring connection; and

6.1.7    All other elements of any Building necessary or convenient to its existence, maintenance and safety, or normally in common use, except as may be expressly designated as a part of a Unit or a Limited Common Element;

6.2       Limited Common Elements. The dimensions, designation and locations of the Limited Common Elements are shown on the Plat. The Limited Common Elements shall consist of rear yard areas, and decks for the exclusive use of the Residential Unit to which they adjoin, as shown on the Plat.

6.3       Allocation of Undivided Interest in Common Elements. Each Unit Owner is entitled to an undivided percentage interest in the Common Elements, as shown on Exhibit B. The method used to establish the allocation consist of (i) an allocation of an 0.01 percent undivided interest to each of the Parking Units, and (ii) an allocation of the remaining undivided interest to the Residential Units determined by the ratio which the square feet of each Residential Unit bears to the total square feet of all Residential Units, as shown on the Plat The minimum allocation of undivided interest in the Common Elements of each Stage 1 Unit upon completion of development, if Declarant elected to proceed with both stages of development, is also shown on Exhibit B. The method used to establish the allocation of undivided interest in the Common elements for both stages of development will be that used for Stage 1. Each Unit's interest in the Common Elements shall be inseparable from the Unit and any conveyance, encumbrance, judicial sale, or other transfer, voluntary of involuntary, of an interest in either the Common Elements or a Unit shall be void unless both the Unit and the allocated interest in Common Elements are also transferred therewith.

6.4       Use of Common Elements. No person shall use the Common Elements or any part thereof in any matter contrary to or not in accordance with this Declaration, the Bylaws or such rules and regulations pertaining thereto, which from time to time may be promulgated by the Board of Directors or the Association. Without intending to limit the generality of the foregoing, the Board of Directors or the Association shall have the right, but not the obligation, to promulgate rules and regulations limiting the use of the Common Elements to the members of the Association and their respective families, guests, invitees and servants and regulating the use by such persons of the general Common Elements. Such use may be conditioned upon, among other things, the payment by the Unit Owner of such assessment as may be established for the purpose of defraying the costs thereof.

6.5       Maintenance, Repair, and Replacement. The Association shall at all times maintain the General Common Elements in a clean and attractive manner. Unit Owners shall at all times pay to maintain the Limited Common Elements in like manner. The Association will perform the maintenance on the Limited Common Elements and may specially assess the Unit Owner(s) to which such Limited Common Elements pertain. Except as specifically provided otherwise in this Declaration, the costs of concierge service, maintenance, repair and replacement of the General Common Elements shall be a common expense, and the performance of such work shall be the responsibility of the Association. The costs of replacement, maintenance and repair of the Limited Common Elements shall be the responsibility of the Unit Owner(s) to which such Limited Common Elements pertain. Nothing herein contained, however, shall be construed so as to preclude the Association from delegating to persons, firms, or corporations of its choice, such duties as may be imposed on or by the Association. Except as specifically provided otherwise in this Declaration, each Unit Owner will be liable for the common expenses including, without limitation, the funding or replacement reserves in proportion to the percentage ownership of each Unit in the Common Elements, excepting for fire and casualty insurance (which shall be shared in proportion to the amount of coverage placed on each Unit).

7.         COMMON PROFITS AND COMMON EXPENSES; VOTING.

7.1 Allocation of Common Profits and Expenses. The common profits and common expenses shall be allocated among the Unit Owners according to the allocation of undivided interest of each Unit in the Common Elements; provided, however, that no such profit shall be distributed among the Unit Owners but shall be used solely for purposes of maintaining, repairing, and replacing the General Common Elements or other expenses of the Association. Assessments for Stage 1 shall commence upon the closing of sale of the first Unit in Stage 1. Assessments for future stages shall commence upon the date of recording of the Supplemental Declaration for each stage. The common expenses shall be assessed to the Unit Owners according to the allocation of undivided interest of each Unit in the Common Elements. Provided, however, that until such time as the Supplemental Declaration for the final stage of the condominium has been recorded, or Declarant determines that no additional stages will be annexed, Declarant is electing to subsidize a portion of such assessments to the extent that each Unit Owner's monthly assessment shall be equal to said Unit Owner's monthly assessment if all Declarant elected to proceed with all stages of development. Provided, however, that Unit Owners may be assessed additional amounts individually for common expenses incurred through such Unit Owner's fault or direction or as otherwise provided in the Bylaws. Remedies for failure to pay assessments are described in the Bylaws attached as C and incorporated herein by reference.

7.2 Allocation of Voting Rights. The Owner(s) of each sold Residential Unit shall be entitled to one (1) vote per Unit in the affairs of the Association; provided, however, that the Owner(s) of sold Residential Unit shall be entitled to only one (1) vote per Unit, irregardless of the number of Owners of record of a Unit. The Declarant shall be entitled to three (3) votes per Residential Unit it owns. The method of voting shall be specified in the Bylaws. Voting rights will be allocated in the same manner for any Units annexed to the condominiums in later stages.

8.         SERVICE OF PROCESS. The designated agent to receive services of process in cases provided in ORS 100.550(1) is named in the Condominium Information Report which will be filed with the State of Oregon Real Estate Agency in accordance with ORS 100.250(1).

9.         EASEMENTS AND ENCROACHMENTS.

9.1       Right of Access. The Association, through its Board of Directors, and with reasonable written notice given forty-eight (48) hours in advance, shall have the right to have access to each Unit as may be necessary for the maintenance, repair or replacement of the General or Limited Common Elements, or to make emergency repairs therein necessary for the public safety or to prevent damage to the Common Elements or to another Unit. In case of an emergency originating in or threatening any Unit or other portion of the Condominium, each Unit Owner hereby grants the right of entry to any person authorized by the Board of Directors of the Association, whether or not the Owner is present at the time.

9.2       Encroachments. Each Unit and all Common Elements shall have an easement over all adjoining Units and Common Elements for utility, wiring, heat, plumbing and other service elements and for reasonable access required to effectuate and continue proper operation of the Condominiums. Each Unit and all Common Elements shall further have an easement over all adjoining Units and Common Elements for the purpose of accommodating any present or future encroachment as a result of engineering errors, construction, reconstruction, repairs, settlement, shifting, or movement of any portion of the property, or any other similar cause, and any encroachment due to Building overhang or projection. There shall be valid easements for the maintenance of the encroaching Units and Common Elements so long as the encroachments shall exist, and except as otherwise provided in the Act, the rights and obligations of Owners shall not be altered in any way by the encroachment, nor shall the encroachment be construed to be encumbrances affecting the marketability of title to any Unit.

10. USE OF PROPERTY. The Parking Units shall be owned and used solely by Owners of Residential Units for parking and storage. The Residential Units shall be occupied and used by the respective Owners only for residential purposes for the Owner, family, tenants and social guests and for no other purposes except as provided in the Bylaws. Owners shall have an unrestricted and perpetual right of ingress and egress to their Units. The Owner(s) of each respective Unit shall have the right to lease or rent the Unit or any part thereof, provided that any such lease or rental agreement shall be in writing and subject to the covenants and restrictions contained in this Declaration and is further subject to the Bylaws, rules and regulations of the Association. Additional limitations on use may be contained in the Bylaws and rules and regulations adopted pursuant to the Bylaws. Each Unit Owner shall be bound by all rules, regulation and limitations.

11. MAINTENANCE OF COMMON ELEMENTS.

11.1     Responsibility for Maintenance. The necessary work to maintain, repair or replace the General Common Elements shall be the responsibility of the Board of Directors of the Association and shall be carried out as provided in the Bylaws. Maintenance of Limited Common elements shall be the responsibility of the Unit Owner(s) to which the Limited Common Elements pertain.

11.2     Mortgagee's Rights Upon Failure to Maintain. If the mortgagee of any Unit determines that the Association is not providing an adequate maintenance, repair and replacement program for the General Common Elements, such mortgagee, at its option, may give a notice to the Association by delivering the same to the

registered agent, setting forth the particular defect which it believes exists in the maintenance, repair and replacement program. If the specified defects are not corrected within ninety (90) days subsequent to receipt of such notice, then the mortgagee, upon written notice to the registered agent that it is exercising its proxy rights, shall have the right to attend succeeding annual or special meetings of the Association and to cast a vote for each Unit of which it holds a mortgage on all business coming before such meeting. Such proxy rights shall continue until the defects listed on the notice are corrected.

11.3     Rights of Unit Owners Upon Failure to Maintain. The provisions of this Declaration and of the Bylaws regarding the maintenance, repair and replacement of the General Common Elements shall be deemed to be for the benefit of the Unit Owners, and they may enforce such provision by appropriate proceedings at law or in equity.

12.       ASSOCIATION OF UNIT OWNERS.

12.1     Organization. Upon the recording of this Declaration, an Association of Unit Owners shall be organized, and incorporated, to serve as a means by which the Unit Owners may take action with regard to the administration, management and operation of the Condominium. The name of this Association shall be "Association of Unit Owners of West Oaks Condominiums, Inc."

12.2     Membership; Board of Directors. Each Residential Unit Owner shall be a member of the Association, and except as otherwise provided herein, membership therein shall be limited to Residential Unit Owners only. The affairs of the Association shall be governed by a Board of Directors as provided by the Bylaws.

12.3     Power and Duties of the Association. The Association shall have such powers and duties as may be granted to it by ORS 100.405, together with such additional powers and duties contained in this Declaration and the Bylaws. Additionally, the Association, pursuant to ORS 100.405(5) and (8) shall have the authority to grant easements, rights of way, licenses and other similar interests affecting the general common elements of the Condominium.

12.4     Declarant Control of Association; Interim Board of Directors. Upon recording this Declaration, Declarant will appoint an interim Board of Directors for the Association. Declarant hereby reserves the right to control the Association including all rights specified in ORS 100.200(1) until the earlier of a) ninety (90) days from the date of conveyance to persons other than the Declarant of seventy-five percent (75%) of the total Units, to be created or annexed by the Declarant, or b) five years from the date of the first Unit is conveyed, or c) such other date as Declarant may elect to relinquish control. The interim directors shall serve at the pleasure of Declarant and only until the turnover meeting is held as provided in the Bylaws.

12.5     Professional Management. In order to maintain the special character and quality of the Condominium and the Association, they will be professionally managed at all times by firms(s) approved by the Board. At least thirty (30) days notice of any contemplated change in the manager, notice shall be given to any Mortgagee which has requested to be notified. The Association shall not terminate professional management and assume self-management.

12.6     Management Agreements, Contracts and Leases. The Board of Directors, including the interim Board of Directors, shall have the right to contract with a professional manager or management firm to manage the affairs of the Association. However, if entered into prior to the turnover meeting of the Condominium, a management agreement, service contract or employment contract which is directly made by or on behalf of the Association, the Board of Directors, or the Unit Owners as a group shall not be in excess of three years, and may be terminated without penalty by the Association or the Board of Directors upon not less than thirty (30) day written notice to the other party.

13.       MORTGAGEES.

13.1     Controlling Over Other Sections. In the event of a conflict between this Section 13 and other sections of this Declaration, the provisions of this Section 13 shall control.

13.2     Notice to the Association. At the request of the Board of Directors, each Owner shall promptly supply to the Board the name and address of the mortgagee or mortgagees of his or her Unit.

13.3     Notice to a Holder, Insurer, or Guarantor of a Mortgage. A holder, insurer or guarantor of a mortgage on a Unit, who submits a written request to the Association stating the name and address of the holder, insurer or guarantor and the Unit number or address of the mortgaged Unit, shall be entitled to timely written notice of the following:

13.3.1  Any condemnation or casualty loss that affects either a material portion of the Condominium or the Unit securing its mortgage;

13.3.2  Any sixty-day (60) delinquency in the payment of assessments or charges owed by the Owner of any Unit on which it holds the mortgage; and

13.3.3 A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association.

13.4     Consent to Termination of the Condominium. Any action to terminate the legal status of the Condominium under the Oregon Condominium Act following substantial destruction or condemnation shall require the consent of the Owners of Units holding at least sixty-seven percent (67%) of the votes of the Units that are subject to mortgages held by eligible mortgage holders. This approval shall be in addition to such other approvals and procedures as may be required by the Declaration, Bylaws, and the Oregon Condominium Act.

13.5     Consent Upon Substantial Amendment of Documents. Except where a greater percent is required by this Declaration, or a greater or lesser percent is required by the Oregon Condominium Act, the consent of the Owners of Units holding at least seventy-five percent (75%) of the voting rights, and the approval of eligible mortgage holders holding mortgages on Units which have at least fifty-one percent (51 %) of the voting rights of the Units that are subject to mortgages held by eligible mortgage holders, shall be required for any amendments of a material nature to the Declaration. Any amendment to the Declaration or the Bylaws which changes any of the following would be considered a material change:

13.5.1 Voting rights;

13.5.2 Increases in assessments that raise the previously assessed amount by more than 25%, assessment liens, or priority of assessment liens;

13.5.3 Reduction of reserves for maintenance, repair and replacement of the Common Elements;

13.5.4  Responsibility for maintenance and repairs;

13.5.5 Reallocation of interest in the General or Limited Common Elements, or right to their use;

13.5.6  Redefinition of any Unit boundaries;

13.5.7  Conversion of Units into Common Elements or of Common Elements into Units;

13.5.8 Expansion or contraction of the Condominium or the addition, annexation, or withdrawal of property to or from the Condominium;

13.5.9  Requirement to obtain or maintain insurance or fidelity bonds;

13.5.10 Imposition of any restrictions on the leasing of Units;

13.5.11 Imposition of any restriction on a Unit Owner's right to sell or transfer any Unit owned;

13.5.12 A decision by the Association to establish self-management when professional management had been required previously by eligible mortgage holders;

13.5.13 Restoration or repair of the Condominium (after a hazard damage or partial condemnation) in a manner other than that specified in this Declaration, the Bylaws, or the Oregon Condominium Act;

13.5.14 Any provisions that expressly benefit mortgage holders, insurers, or guarantors.

This approval shall be in addition to such other approvals and procedures as may be required by the Declaration, Bylaws and the Oregon Condominium Act. An addition or amendment to the Declaration shall not be considered material for purposes of this Section 13.5 if it is for the purpose of correcting technical errors or for clarification only.

13.6 Request for Approval of Eligible Mortgage Holders. Any eligible mortgage holder or other mortgagee who receives a written request to approve additions or amendments to the Declaration, Bylaws, or other action to be taken by the Board of Directors, Association, or Unit Owners, shall be deemed to have given such approval unless a negative response is delivered or posted to the requesting party within thirty (30) days after such request has been received, provided that the written request was delivered by certified mail with "return receipt requested."

13.7 Priority of Lien; Discharge of Lien Upon Foreclosure. The Association's lien for unpaid assessments shall be subordinate to any prior recorded first mortgage against a Unit. When any first mortgage of a Unit obtains title to a Unit as a result of foreclosure, or resorts to other remedies provided in the first mortgage or first trust deed, such first mortgagee shall not be liable for assessments against such Unit or its Owner which became due prior to the acquisition of title to such Unit by such first mortgagee. Such unpaid assessments shall remain a liability of the former Unit owner and/or may be collected from all Unit Owners equally as a special assessment only. Nothing in this section shall be construed to relieve any mortgagee from its obligations to pay assessments following the date it acquires title to such Unit.

13.8     Right to Receive Notice of Meetings. A holder of a first mortgage shall, upon written request to the Association, be entitled to receive notice of all meetings of the Association and shall be entitled to designate a representative to attend all such meetings.

13.9     Additional Approvals. Unless sixty-seven percent (67%) of the holders of first mortgages of individual Units have given their prior approval, the Association shall not:

13.9.1 Change the pro rata interest or obligations of any Unit for (1) purposes of levying assessments or charges, (2) allocating distribution of hazard insurance proceeds or condemnation awards, or (3) determining the pro rata share of ownership of each Unit in the Common Elements;

13.9.2  Partition or subdivide any Unit;

13.9.3  By act or omission, seek to abandon or terminate the Condominium status of the project except as provided by statutes in case of substantial loss to the Units and Common Elements of the Condominium project;

13.9.4 By act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Elements. The granting of easements by the Association or the Board of Directors for public utilities or for other similar or public purposes consistent with the intended use of the Common Elements by the Owner shall not be deemed a transfer within the meaning of this clause; or

13.9.5 Use hazard insurance proceeds arising from losses to any Condominium property (whether to Units or to Common Elements) for purposes other than the repair, replacement, or reconstruction of such improvements statute.

13.10 Right to Examine Books and Records. All mortgagees (including insurers and guarantors of mortgages) shall have the right to examine the books and records (including the Declaration, Bylaws, rules, regulations and financial statements) of the Association upon written request. Such books and records shall be available for duplication at reasonable times. A mortgagee shall be entitled to have an audited financial statement prepared at its own expense if such audited statement is not otherwise available. The Association, its Board of Directors and its officers shall cooperate to facilitate the necessary auditing and review process.

14. NOTICE TO FIRST MORTGAGEES OF DEFAULTS. Any first mortgagee, upon written request, will be entitled to written notification from the Association of any default in the performance by the Owner of the mortgaged Unit of any obligation under this Declaration, the rules and regulations or the Bylaws which is not cured within sixty (60) days.

15. AMENDMENT.

15.1 How Proposed. Amendments to this Declaration shall be proposed by either a majority of the Board of Directors or by Residential Unit Owners holding fifteen percent (15%) or more of the voting rights. The proposed amendment must be reduced to writing, and shall be included in the notice of any meeting at which action is to taken thereon or attached to any request to consent to the amendment.

15.2 Approval Required. Except as may otherwise be provided in this Declaration or the Act, this Declaration may be amended if such amendment is approved by Residential Unit Owners holding seventy-five (75%) of the voting rights of the Condominium and by mortgagees pursuant to Section 13.5 above. No amendments may change the size, location, allocation of undivided interest in the Common Elements, method of determining liability for common expenses, right to common profits, or voting rights of a Unit unless such amendment has been approved by the Owners and mortgagees of the affected Unit(s). Any amendment which changes the boundary of the property or a Unit shall be approved by all Unit Owners, and by mortgagees pursuant to Section 13.5 above. For as long as Declarant remains the Owner of one or more Residential Units, the Bylaws, the Rules and Regulations and this Declaration may not be modified, added, amended or repealed so as to eliminate, change, or impair an rights, privileges, easements, licenses or exemptions granted therein or herein to Declarant or its designee, or otherwise adversely affect Declarant or such designee, without Declarant's or such designee's prior written consent in each instance. So long as Declarant owns five percent (5%) or more of the Residential Units, as may be created (or annexed) by the Declarant, the Bylaws, Rules and Regulations this Declaration shall not be modified, added to, amended or repealed in any way without Declarant's prior written consent in each instance.

15.3 Recordation. Amendments shall be effective upon recordation of the Declaration as amended or of the amendment thereto in the Deed Records of Benton County, Oregon, certified by the Chairperson and the Secretary of the Association as being adopted in accordance with this Declaration and the provision of the Oregon Condominium Act, and approved by the County Assessor and the Real Estate Commissioner if such approvals are required by the Act.

16.       DECLARANT'S RIGHTS.      Notwithstanding any provision to the contrary herein or in the Bylaws, Declarant shall have the following special rights:

16.1     Declarant's Easements. The Declarant, its agents, employees, successors and assigns, hereby reserve a blanket easement on and over the Common Elements for ingress and egress and for the completion of any portion of the Condominium including, without limitation, the construction and completion of additional stages of the Condominium, the furnishing and decorating of any Unit, sales office or model, the right to store materials on the Common Elements at reasonable places and for reasonable lengths of time, or discharging any right or obligation of Declarant. This easement shall include, without limitation, the right to connect Buildings or structures containing additional Units and/or Common Elements to existing Buildings or structures.

16.2     Sales Office and Model. Declarant shall have the right to maintain model, sales and/or rental offices in Units that Declarant owns or in separate temporary facilities on Common Elements and to use and occupy the model, sales and/or rental office during reasonable hours on any day. Declarant may also maintain a reasonable number of "for Sale" and/or "for Rent" signs at various locations on the Condominium.

16.3     No Capital Assessments Without Consent. So long as the time period for annexing additional Units has not expired, and so long as the Declarant owns more than two (2) Units or five percent (5%) of the total number of Units in the Condominium, created or annexed by the Declarant, whichever is less, neither the Association nor the Board of Directors shall make any assessments for new construction, acquisition or otherwise without the prior written consent of the Declarant. Nothing contained in this Section 16.3 is intended or shall be construed as a limitation on the Declarant's obligation to pay common monthly assessments on Units owned by the Declarant pursuant to the requirements of the Act.

16.4     Common Element Maintenance By the Association. The Association shall maintain all General Common Elements in a clean and attractive manner. Should the Association fail to do so, the Declarant may perform such maintenance at the expense of the Association.

16.5     Other. Declarant shall be entitled to any and all other special Declarant rights, in addition to those specified herein, that are reserved for the benefit of or created by the Declarant under this Declaration, Bylaws, or the provisions of the Act. Upon the expiration of any or all special Declarant rights, the Declarant will have the same rights as any other Owner in the Condominium in respect to such ownership.

17. GENERAL PROVISIONS.

17.1     Interpretation. The rights and obligations of any member of the Association and any person dealing with the Association or any of its members with respect to matters pertaining to this Declaration and the Bylaws shall be interpreted and governed by the laws of the State of Oregon. This Declaration is to be interpreted liberally to effectuate its purposes of creating a uniform plan for the development and operation of the Condominium.

17.2 Severability. Each provision of this Declaration and the Bylaws is independent and severable. The invalidity or partial invalidity of any section thereof shall not affect any of the remaining portions of that or any other provision of this Declaration or by the Bylaws.

17.3     Waiver of Rights. The failure of the Association, Board of Directors, officer or Unit Owner to enforce any right, provision, covenant or condition of this Declaration and Bylaws shall not constitute a wavier of the right of any other party to enforce such right, provision, covenant or condition in the future.

17.4     Legal Proceeding. Failure to comply with any of the terms of this Declaration, any supplemental or amended Declaration, the Bylaws and any rules or regulations adopted there under shall be grounds for relief which may include, but not be limited to, an action to recover money due, damages, or a suit for injunctive relief, to foreclose a lien, or any combination thereof. Relief may be sought by the Association, Board of Directors, an officer, a professional manager or management firm. Relief, if appropriate, may also be sought by an aggrieved Unit Owner under the provisions of Section 17.5 below.

17.5     Arbitration. Except with respect to any action by the Association to collect assessments, (other than assessments attributable to fines), to foreclose an existing lien or execute and existing judgment and subject to the dispute resolution provision of Article VIII, Section 1 of the Bylaws, any dispute regarding enforcement of this Declaration, the Bylaws or the Rules and Regulations of the Condominium, including but not limited to Unit purchase disputes, claims arising out of alleged construction defects, negligence, claims of fraud or misrepresentation, warranty claims, or class actions, between the Declarant, the Owners Association or any Owner will be subject to binding arbitration rather than a lawsuit. The arbitrator will be: (a) As per the rules of the 2-10 Home Buyers Warranty, HBW Insurance, LLC (HBW) in the event that HBW is participating; (b) In the event HBW is not participating: (i) as agreed to by the parties, (ii) if not so agreed, as provided by the Arbitration Service of Portland, (iii) in the event an arbitrator as per (ii) above is not available, as selected by the presiding judge of the Benton County Circuit Court. Each party will bear their own costs and attorney fees. This agreement is intended to run with the land and shall be binding as to future Owners of Units in the West Oaks Condominiums. All arbitrators shall be attorneys experienced in the operation of residential condominium buildings. Each party shall submit its position to the arbitrators and the jurisdiction of the arbitrators shall be limited to selecting the entire position of one of the parties as the prevailing position. Except as otherwise provided herein, the procedures for arbitration shall be in accordance with the rules of the Benton County Circuit Court Arbitration Program.

17.6 Attorney Fees.      The Association shall be entitled to recover costs and attorney fees incurred by it to collect delinquent assessments whether or not any collection or foreclosure action or suit is filed.

17.7 Compliance. Each Unit Owner(s), invitees, tenants or lessees shall comply with this Declaration, any supplemental or amended Declaration, and the Bylaws, and the rules and regulations adopted thereunder, and with all other applicable covenants, conditions and restrictions of record. Failure to comply therewith shall be grounds for suit or action maintainable by the Association or any Unit Owner in addition to other sanctions that may be provided by the Bylaws or any existing administrative rules and regulations.

17.8 Conflicting Provisions. In the event of a conflict between or among the Declaration, Bylaws, and any rules and regulations, the provision of this Declaration shall be paramount to the Bylaws and the rules and regulations, and the Bylaws shall be paramount to the rules and regulations. For the purposes of this Section, the term "Declaration" shall include all amendments and the term "Bylaws" shall include all amendments.

17.9 Section and Paragraph Captions. Section and paragraph captions are not a part of this Declaration unless the context otherwise requires. In construing this Declaration, it is understood that if the context so requires, the singular shall be taken to mean and include the plural, the masculine to include the feminine and neuter and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to individuals, trusts, estates, personal representatives, trustees, corporations, successors and assigns.

IN WITNESS WHEREOF, Declarant has caused this declaration to be executed this 0— day of          d          , 2005.

WILLAMETTE BUILDERS

By:

Brent E. Keys, Authorized

AT GRAND OAKS, LLC Member

STATE OF OREGON County of Multnomah

            DECLARATION OF SUBMITTING WEST OAKS CONDOMINIUMS TO THE OREGON CONDOMINIUM ACT MORTGAGEE'S CONSENT

Umpqua Bank is the owner and holder of a trust deed and financing statement on the property being submitted to the Oregon Condominium Act hereunder and consent to the making of the foregoing Declaration and consent to subordination of the lien of the trust deed and financing statement to this Declaration and Plat of the Condominium. Mortgagee waives execution of the Plat.

            DECLARATION OF SUBMITTING WEST OAKS CONDOMINIUMS TO THE OREGON CONDOMINIUM ACT

MORTGAGEE'S CONSENT

Willamette View Funding, LLC is the owner and holder of twotrust deeds and a financing statement on the property being submitted to the Oregon Condominium Act hereunder and consent to the making of the foregoing Declaration and consent to subordination of the lien of the trust deed and financing statement to this Declaration and Plat of the Condominium. Mortgagee waives execution of the Plat.

WILLAMETTE VIEW FUNDING, LLC

ON THE 2005-2006TAX ROLL, WHICH BECAME A LIEN OR WILL BECOME A LIEN ON THIS CONDOMINIUM DURING THE TAX YEAR, BUT NOT YET CERTIFIED TO THE TAX COLLECTOR FOR COLLECTION, HAVE BEEN PAID TO ME THIS day of JULY       , 2005.

CONDOMINIUMS TO
THE OREGON CONDOMINIUM ACT

EXHIBIT LIST

A.        Legal Description

B.         Unit Ownership Percentage (Stage 1)

C.        Bylaws

EXHIBIT "A"

WEST OAKS CONDOMINIUMS
PHASE 1
LEGAL DESCRIPTION

A tract of land in the northwest one-quarter of Section 5, Township 12 South, Range 5 West, Willamette Meridian, City of Corvallis, Benton County, Oregon, and being described as follows:

Beginning at a 5/8-inch iron rod with a yellow, plastic cap inscribed "Otak Inc.", said point being the northeast corner of Parcel 5, Partition Plat No. 2000-32, Benton County plat records, and also being on the westerly right-of-way of S.W. Grand Oaks Drive; thence tracing the westerly right-of-way line of S.W. Grand Oaks Drive along the following courses: southeasterly along the arc of a 226.00 foot radius curve left (the radius point of which bears N.53°01'38"E.) through a central angle of 5°58'08", 23.54 feet (chord bears S.39°57'26"E., 23.53 feet); S.42°56'30"E., 74.46 feet to the point of curve right of a 174.00 foot radius curve; along the arc of said curve right through a central angle of 45°00'00", 136.66 feet (chord bears S.20°26'30"E., 133.17 feet); and S.02°03'30"W., 195.43 feet to the southeast corner of said Parcel 5; thence tracing the southerly boundary of said Parcel 5 along the following courses: N.87°56'30"W., 98.29 feet; N.02°03'30"E., 23.15 feet; N.57°42'10"W., 69.81 feet; S.32°17'52"W., 126.66 feet to a point of non-tangent curvature; and southwesterly along the arc of a 237.60 foot radius curve left (the radius point of which bears S.18°58'12"W.) through a central angle of 51°59'10", 215.58 feet (chord bears S.82°58'37"W., 208.26 feet), thence leaving said southerly boundary N.33°00'58"W., 30.40 feet to a point of non-tangent curvature; thence northeasterly along the arc of a 268.00 foot radius curve right (the radius point of which bears S.33°00'58"E.) through a central angle of 34°48'20", 162.80 feet (chord bears N.74°23'12"E., 160.31 feet); thence N.03°18'46"E., 35.61 feet to a point of non-tangent curvature; thence southeasterly along the arc of a 303.60 foot radius curve right (the radius point of which bears S.01°58'06"W.) through a central angle of 4°59'48", 26.48 feet (chord bears S.85°32'00"E., 26.47 feet); thence N.01°48'38"E., 77.42 feet; thence N.87°56'30"W., 100.76 feet to the point of curve left of a 261.00 foot radius curve, thence along the arc of said curve left through a central angle of 38°38'55", 176.06 feet (chord bears S.72°44'02"W., 172.74 feet); thence N.36°35'26"W., 40.00 feet to a point of non-tangent curvature; thence northeasterly along the arc of a 301.00 foot radius curve right (the radius point of which bears S.36°35'26"E.) through a central angle of 38°38'55", 203.04 feet (chord bears N.72144'02"E., 199.21 feet); thence S.87°56'30"E., 51.30 feet; thence N.02°03'30"E., 35.50 feet; thence N.87°56'30"W., 72.77 feet; thence N.00°54'29"W., 211.64 feet to the northerly line of said Parcel 5; thence S.87°59'54"E. along said northerly line, 279.69 feet to the Point of Beginning.

EXHIBIT "C"

Bylaws
Of
Association of Unit Owners of Grand Oaks Condominiums

EXHIBIT "C"   Page 1

EXHIBIT "B"

The percentage interest in the Common Elements is allocated among the Units as follows: an 0.01 percent undivided interest is allocated to each of the Parking Units, and (ii) an allocation of the remaining undivided interests to the Residential Units determined by the ratio which the square feet of each Residential Unit bears to the total square feet of all Residential Units, as shown on the Plat.

For Stage 1, there are 46,721 total square feet of Residential Units. For Stage 1, there are 22 Parking Units, which will each be allocated a 0.01% undivided interest, for a total 0.22% undivided interest, with the remaining 99.78% undivided interest to be allocated to the Residential Units.

There will be a total of approximately 85,937 square feet of Residential Units when all the Units are complete. There will be a total of 38 Parking Units when the development is complete, which will each be allocated a 0.01% undivided interest, for a total 0.38% undivided interest, with the remaining 99.62% undivided interest to be allocated to the Residential Units.

For Stage 1, each Residential Unit's allocation is calculated by multiplying its percentage of total square feet (column #4) by the remaining 99.78% undivided interest. When both stages are complete, each Stage 1 Residential Unit's allocation is calculated by multiplying its percentage of total square feet (column #5) by the remaining 99.62% undivided interest.