ORS 100.118
Correction amendment to condominium plat

  • fees

(1)

Unless the context requires otherwise, as used in this section “plat” means:

(a)

A plat recorded under ORS 100.115 (Recording declaration and plat).

(b)

Floor plans made part of a plat that was recorded before October 15, 1983.

(c)

A supplemental plat recorded under ORS 100.115 (Recording declaration and plat).

(d)

A plat amendment recorded under ORS 100.116 (Plat amendment).

(2)

Notwithstanding a provision in a document of a condominium or this chapter, a plat may be corrected by a plat amendment under ORS 100.116 (Plat amendment) as provided in subsection (3) of this section or by an affidavit of correction as provided in subsection (4) of this subsection.

(3)

Except as provided in subsection (4) of this section, a correction to a plat must be made by a plat amendment in accordance with ORS 100.116 (Plat amendment). The plat amendment by correction may:

(a)

Conform the designation, depiction or boundaries of a unit, common elements or variable property on the plat to the physical location or actual dimensions of the unit, common elements or variable property.

(b)

Correct a mathematical mistake.

(c)

Correct the designation of a unit or limited common element.

(d)

Make any other correction permitted under ORS 100.117 (Correction amendment to declaration or bylaws).

(4)

An affidavit of correction may correct a plat to:

(a)

Show any courses or distances omitted from the plat.

(b)

Correct an error in any courses or distances shown on the plat.

(c)

Correct an error in the description of the real property shown on the plat.

(d)

Correct any other errors or omissions when the error or omission is ascertainable from the data shown on the plat.

(e)

Correct any other errors or omissions on the plat determined by the county surveyor.

(5)

Nothing in subsection (4) of this section may be construed to permit changes in courses or distances for the purpose of redesigning unit, common element or variable property configurations by affidavit of correction under this section.

(6)

The affidavit of correction shall be prepared by the registered professional land surveyor whose signature and seal are on the plat. In the event of the death, disability or retirement from practice of the surveyor, the county surveyor may prepare and record the affidavit of correction.

(7)

The affidavit of correction prepared under subsection (6) of this section shall:

(a)

Set forth in detail the corrections made; and

(b)

Contain the seal and signature of the registered professional land surveyor making the correction which shall be affixed to the affidavit of correction.

(8)

The affidavit of correction shall be submitted to the county surveyor for examination and a determination that:

(a)

The changes shown on the affidavit of correction are permitted under subsection (4) of this section; and

(b)

The affidavit of correction complies with subsection (7) of this section.

(9)

If the county surveyor determines that the affidavit of correction complies with subsection (7) of this section, the county surveyor shall sign a certification that the affidavit of correction has been examined and complies with this section. The certification shall be a part of or an attachment to the affidavit of correction.

(10)

Intentionally left blank —Ed.

(a)

Before an affidavit of correction is recorded, it must be approved by the Real Estate Commissioner. The affidavit of correction shall be filed with the commissioner under ORS 100.670 (Fees).

(b)

The commissioner shall approve the affidavit of correction if it complies with this section. The approval shall be evidenced by execution of the affidavit of correction.

(11)

Intentionally left blank —Ed.

(a)

The surveyor who prepared the affidavit of correction shall cause the affidavit of correction to be recorded by the recording officer of the county where the plat or supplemental plat is recorded.

(b)

If a correction by an affidavit of correction requires a correction amendment to a document under ORS 100.117 (Correction amendment to declaration or bylaws), the affidavit of correction must be recorded concurrently with the correction amendment.

(12)

The surveyor who prepared the affidavit of correction shall cause a copy of the recorded affidavit of correction to be provided to:

(a)

The association of unit owners of the condominium, at the address shown in the Condominium Information Report filed in accordance with ORS 100.250 (Documents required to be filed with Real Estate Agency) or such other address of which the surveyor has knowledge.

(b)

The county surveyor, unless otherwise directed by the county surveyor.

(c)

The commissioner.

(13)

Intentionally left blank —Ed.

(a)

Unless otherwise specified in the affidavit of correction, after recording the affidavit of correction, the county clerk shall return the affidavit of correction to the county surveyor.

(b)

Upon receipt of the original recorded affidavit of correction or a copy, the county surveyor shall note the correction and the recorder’s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (Recording plats) (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the plat.

(14)

For recording the affidavit of correction under subsection (11) of this section, the county clerk shall collect a fee as provided in ORS 205.320 (Fees collected by county clerk). Corrections or changes are not allowed on the original plat once it is recorded.

(15)

For performing the services described in this section, the county surveyor shall collect from the person submitting the affidavit of correction a fee established by the county governing body. [2009 c.641 §43b]
Note: See note under 100.117 (Correction amendment to declaration or bylaws).

Source: Section 100.118 — Correction amendment to condominium plat; 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
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