ORS 100.116
Plat amendment

  • fees

(1)

A plat, including any floor plans that are a part of a plat, recorded before October 15, 1983, may be amended as provided in this section.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in ORS 100.600 (Termination of association or removal of real property by unit owners), the following must be made by a plat entitled “Plat Amendment”:

(A)

A change to the boundary of the property, a unit or a limited common element;

(B)

The creation of an additional unit from common elements; or

(C)

A change to the configuration of other information required to be graphically depicted on the plat.

(b)

The plat amendment must reference in the title of the amendment the recording information of the original plat and any previous plat amendments.

(3)

The plat amendment must comply with ORS 92.050 (Requirements of survey and plat of subdivision and partition), 92.060 (Marking subdivision, partition or condominium plats with monuments) (1), (2) and (4), 92.080 (Preparation of plat) and 92.120 (Recording plats) and must include:

(a)

A graphic depiction of the change;

(b)

For a change to the boundary of the property, a surveyor’s certificate that complies with ORS 92.070 (Surveyor’s certificates);

(c)

If the plat amendment is an amendment by correction under ORS 100.118 (Correction amendment to condominium plat), a statement that the plat amendment is an amendment by correction under ORS 100.118 (Correction amendment to condominium plat);

(d)

A certification, including signature and official seal, of a registered professional land surveyor that:

(A)

The plat amendment accurately depicts the amendments to the plat described in the declaration amendment recorded under subsection (5) of this section; and

(B)

Any construction that changes the boundaries of a unit or limited common element or the construction of any additional unit or limited common element has been completed; and

(e)

A declaration executed by the association that the plat is being amended pursuant to this section. If the amendment to the declaration required under subsection (5) of this section is a correction amendment under ORS 100.117 (Correction amendment to declaration or bylaws), the declaration must be made by the declarant if the declarant adopts the correction amendment under ORS 100.117 (Correction amendment to declaration or bylaws).

(4)

The declaration required under subsection (3)(e) of this section must be executed and acknowledged.

(5)

The plat amendment must be accompanied by an amendment to the declaration authorizing the plat amendment. The declaration amendment must be executed, approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) or, if the declaration amendment is a correction amendment, with ORS 100.117 (Correction amendment to declaration or bylaws).

(6)

Before a plat amendment may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100 (Approval of plat by city or county surveyor). The surveyor shall approve the plat amendment if it complies with the requirements of this subsection. The person offering the plat amendment shall:

(a)

Submit a copy of the proposed amendment to the declaration required under subsections (3) to (5) of this section when the plat amendment is submitted.

(b)

Submit the original or a copy of the executed amendment to the declaration approved by the Real Estate Commissioner if required by law prior to approval of the plat amendment.

(c)

Upon request of the county assessor or county surveyor, file an exact copy, certified by the surveyor who made the plat to be an exact copy of the plat amendment, with the county assessor and the county surveyor. The exact copy must be made on suitable drafting material having the strength, stability and transparency required by the county surveyor.

(7)

A change to a restriction or other information not required to be graphically depicted on the plat, or, in the discretion of the city or county surveyor, a change to graphically depicted information that changes the identity, nature or other descriptive information but does not change the graphic depiction, may be made by amendment of the declaration without a plat amendment described in subsections (3) to (5) of this section. A declaration amendment under this subsection must include:

(a)

References to recording index numbers and date of recording of the declaration or plat and any applicable supplemental declarations, amendments, supplemental plats or plat amendments.

(b)

A description of the change to the plat.

(c)

A statement that the amendment was approved in accordance with the declaration and ORS 100.135 (Amendments to declaration).

(8)

The declaration amendment described in subsection (7) of this section must be executed, approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration).

(9)

Before the declaration amendment described in subsection (7) of this section may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100 (Approval of plat by city or county surveyor). The surveyor shall approve the declaration amendment if it complies with subsection (7) of this section. The approval must be evidenced by execution of the amendment or by attached written approval.

(10)

Intentionally left blank —Ed.

(a)

Subject to paragraph (c) of this subsection, floor plans of a condominium for which floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium may be amended by:

(A)

An amendment of the declaration under paragraph (b) of this subsection; or

(B)

A plat amendment under subsections (3) to (5) of this section.

(b)

An amendment of the declaration must include:

(A)

References to recording index numbers and date of recording of the declaration and any applicable supplemental declarations or amendments.

(B)

A description of the change to the floor plans.

(C)

A graphic depiction of any change to the boundaries of a unit or common element and a statement by a registered architect, registered professional land surveyor or registered professional engineer certifying that such graphic depiction fully and accurately depicts the boundaries of the unit or common element as it currently exists.

(c)

Notwithstanding that floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium, if floor plans are shown on a plat, the plat may not be amended under paragraph (b) of this subsection.

(11)

The declaration amendment described in subsection (10)(b) of this section must be approved and recorded in accordance with ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) and 100.135 (Amendments to declaration) except that any change to the floor plans need only comply with the requirements of the unit ownership laws in effect at the time the floor plans were initially recorded.

(12)

After recording any declaration amendment or plat amendment pursuant to this section, the county surveyor may make appropriate changes to the surveyor’s copy of all previously recorded plats relating to the condominium and any copies filed under ORS 92.120 (Recording plats) (3). The original plat may not be changed or corrected after the plat is recorded.

(13)

For performing the services described in subsections (6), (9) and (12) of this section, the county surveyor shall collect from the person offering the plat amendment or declaration amendment for approval a fee established by the county governing body. [2009 c.641 §43; 2019 c.69 §5]
Note: 100.116 (Plat amendment) was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 100.116 — Plat amendment; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors100.­html.

100.005
Definitions
100.010
Short title
100.015
Rules
100.020
Condominium provisions
100.022
Application of zoning, subdivision, building code or real property law to condominium
100.023
Void and unenforceable provisions of condominium governing document
100.025
Rule against perpetuities
100.100
Property submitted to unit ownership by declaration
100.102
Leasehold condominium submitted to unit ownership
100.103
Effect of submission of leasehold condominium to unit ownership
100.105
Contents of declaration
100.110
Approval of declaration, supplemental declaration or amendment required
100.115
Recording declaration and plat
100.116
Plat amendment
100.117
Correction amendment to declaration or bylaws
100.118
Correction amendment to condominium plat
100.119
Restated declaration
100.120
Supplemental declaration and plat required to annex additional property or reclassify variable property
100.122
Declaration prevails over inconsistent provisions of bylaws or articles of incorporation
100.123
Authority to amend declaration or bylaws to comply with federal or state law
100.125
Annexation of additional property
100.130
Relocation of unit boundaries and common elements by amendment to declaration
100.135
Amendments to declaration
100.140
Temporary relocation of floating structure
100.150
Declarant’s options until termination date
100.155
Variable property
100.170
Easement held by declarant
100.175
Reserve account for maintaining, repairing and replacing common elements
100.185
Express warranties
100.200
Declarant control of association
100.205
Transitional committee
100.210
Turnover meeting
100.220
Liabilities and obligations arising from transfer of special declarant right
100.225
Acquisition of special declarant rights by successor declarant
100.250
Documents required to be filed with Real Estate Agency
100.255
Processing of documents filed with Real Estate Agency
100.260
Condominium Information and Annual Reports
100.265
Annual Report
100.275
Application of ORS 100.250 to 100.280
100.280
Termination of filing Condominium Information Report
100.285
Resignation of designated agent
100.290
Rules
100.300
Inapplicability of ORS 100.301 to 100.320 to transient lodgings
100.301
Definitions for ORS 100.301 to 100.320
100.305
Conversion condominium
100.310
Rights of tenants in conversion
100.315
Improvements in conversion condominium during notice period
100.320
Authority of city or county to require developer to pay tenant moving expenses
100.405
Association of unit owners
100.407
Annual and special meetings of association
100.408
Quorum for meeting of association
100.409
Rules of order
100.410
Adoption of bylaws
100.411
Restated bylaws
100.413
Approval of amended or restated bylaws
100.415
Contents of bylaws
100.416
Criteria for board of directors membership
100.417
Board of directors of association
100.418
Receivership for failure of association to fill vacancies on board of directors
100.419
Assent of director to board action
100.420
Board meetings
100.423
Electronic notice to owner or director
100.425
Use of written ballot for approving or rejecting matters subject to meeting of unit owners
100.427
Methods of voting
100.428
Electronic ballot
100.430
Unit deeds
100.435
Insurance for individual units and common elements
100.440
Liens against property
100.445
Independent default clauses
100.450
Association lien against individual unit
100.460
Foreclosure against unit
100.465
Circumstances in which deed in lieu of foreclosure extinguishes lien
100.470
Lien foreclosure
100.475
Personal liability for assessment
100.480
Maintaining documents and records
100.481
Application of ORS 100.480
100.483
Annual budget
100.485
Duration and termination of initial management agreements and service and employment contracts
100.490
Notice to unit owners of intent of association to commence judicial or administrative proceedings
100.505
Status and ownership of units
100.510
Units and common elements distinguished
100.515
Interest of units in common elements
100.520
Easement held by units and common elements
100.525
Voting or consenting
100.530
Allocation of common profits and expenses
100.535
Maintenance and improvement of units
100.540
Use and maintenance of common elements
100.545
Compliance with bylaws and other restrictions
100.550
Service of process
100.555
Taxation of units
100.600
Termination of association or removal of real property by unit owners
100.605
Removal of property from association
100.610
Common ownership of property removed from unit ownership
100.615
Action for partition
100.620
Termination or removal no bar to resubmission
100.625
Procedure for dividing or converting units
100.626
Legislative findings
100.627
Electric vehicle charging stations
100.635
Filing with commissioner
100.640
Filing
100.645
Filing information to be kept current
100.650
Service of process on nonresident developer
100.655
Disclosure statement
100.658
Limited residential condominium filing
100.660
Nonresidential condominium or security filing
100.665
Exemption to certain disclosure and notice requirements
100.668
Documents and information included with filing
100.670
Fees
100.675
Inventory of filing
100.680
Escrow of unit sales agreement
100.685
Contents of unit sales agreement
100.700
Inspection of condominium
100.705
Sale prohibited prior to issuance of disclosure statement
100.710
Inspection deposit
100.720
Conditions prerequisite to sale
100.725
Documents prerequisite to execution of sale agreement and conveyance of unit
100.730
Cancellation of sale of unit
100.735
Waiver of right to cancel
100.740
Notice to purchaser of cancellation rights
100.745
Escrow documents required of successor to vendor’s interest
100.750
Inspection of records
100.770
Fraud and deceit prohibited
100.775
False or misleading advertising prohibited
100.780
Waiver of legal rights void
100.785
Blanket encumbrance prohibited
100.900
Civil penalty
100.905
Cease and desist order
100.910
Use of fees
100.920
Changes or actions that require approval or consent of mortgagee
100.990
Criminal penalties
Green check means up to date. Up to date