(a) A plat recorded under ORS 100.115.
(b) Floor plans made part of a plat that was recorded before October 15, 1983.
(c) A supplemental plat recorded under ORS 100.115.
(d) A plat amendment recorded under ORS 100.116.
(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 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. 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.
(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)(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.
(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)(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, 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 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)(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 (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. 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.
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 100.005 - Definitions.
Section 100.020 - Condominium provisions; restrictions.
Section 100.023 - Void and unenforceable provisions of condominium governing document.
Section 100.102 - Leasehold condominium submitted to unit ownership.
Section 100.103 - Effect of submission of leasehold condominium to unit ownership.
Section 100.105 - Contents of declaration; property name; variable property description.
Section 100.116 - Plat amendment; fees.
Section 100.117 - Correction amendment to declaration or bylaws.
Section 100.118 - Correction amendment to condominium plat; fees.
Section 100.119 - Restated declaration; restated assignment of use.
Section 100.123 - Authority to amend declaration or bylaws to comply with federal or state law.
Section 100.130 - Relocation of unit boundaries and common elements by amendment to declaration.
Section 100.135 - Amendments to declaration; requirements; procedure.
Section 100.150 - Declarant’s options until termination date.
Section 100.155 - Variable property; uses and restrictions.
Section 100.200 - Declarant control of association.
Section 100.205 - Transitional committee; notice of meeting for formation.
Section 100.210 - Turnover meeting; notice; transfer of control.
Section 100.225 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 100.250 - Documents required to be filed with Real Estate Agency; fees.
Section 100.255 - Processing of documents filed with Real Estate Agency; procedures.
Section 100.260 - Condominium Information and Annual Reports; contents; fees.
Section 100.265 - Annual Report; notification; filing.
Section 100.275 - Application of ORS 100.250 to 100.280.
Section 100.280 - Termination of filing Condominium Information Report.
Section 100.285 - Resignation of designated agent; procedures; effective date.
Section 100.305 - Conversion condominium; notice.
Section 100.310 - Rights of tenants in conversion.
Section 100.315 - Improvements in conversion condominium during notice period.
Section 100.407 - Annual and special meetings of association.
Section 100.408 - Quorum for meeting of association.
Section 100.409 - Rules of order.
Section 100.410 - Adoption of bylaws; amendment.
Section 100.411 - Restated bylaws.
Section 100.413 - Approval of amended or restated bylaws.
Section 100.415 - Contents of bylaws.
Section 100.416 - Criteria for board of directors membership.
Section 100.417 - Board of directors of association; powers and duties.
Section 100.418 - Receivership for failure of association to fill vacancies on board of directors.
Section 100.419 - Assent of director to board action.
Section 100.420 - Board meetings; executive sessions.
Section 100.423 - Electronic notice to owner or director.
Section 100.427 - Methods of voting.
Section 100.428 - Electronic ballot.
Section 100.430 - Unit deeds; contents.
Section 100.435 - Insurance for individual units and common elements; fidelity bond.
Section 100.440 - Liens against property; removal from lien; effect of part payment.
Section 100.445 - Independent default clauses; option to purchase fee simple interest.
Section 100.465 - Circumstances in which deed in lieu of foreclosure extinguishes lien.
Section 100.481 - Application of ORS 100.480.
Section 100.483 - Annual budget; distribution of budget summary to owners.
Section 100.505 - Status and ownership of units.
Section 100.510 - Units and common elements distinguished.
Section 100.515 - Interest of units in common elements.
Section 100.520 - Easement held by units and common elements.
Section 100.525 - Voting or consenting.
Section 100.535 - Maintenance and improvement of units.
Section 100.540 - Use and maintenance of common elements; access for maintenance.
Section 100.550 - Service of process.
Section 100.555 - Taxation of units; exemptions; uniform appraisal and assessment; rules.
Section 100.610 - Common ownership of property removed from unit ownership; valuation; liens.
Section 100.625 - Procedure for dividing or converting units.
Section 100.626 - Legislative findings.
Section 100.627 - Electric vehicle charging stations.
Section 100.635 - Filing with commissioner; fee.
Section 100.640 - Filing; required documents and information.
Section 100.645 - Filing information to be kept current.
Section 100.658 - Limited residential condominium filing.
Section 100.660 - Nonresidential condominium or security filing; contents.
Section 100.668 - Documents and information included with filing.
Section 100.670 - Fees; hourly rate; deposit.
Section 100.675 - Inventory of filing; review; approval; timelines.
Section 100.680 - Escrow of unit sales agreement.
Section 100.685 - Contents of unit sales agreement.
Section 100.720 - Conditions prerequisite to sale.
Section 100.725 - Documents prerequisite to execution of sale agreement and conveyance of unit.
Section 100.735 - Waiver of right to cancel.
Section 100.740 - Notice to purchaser of cancellation rights; form.
Section 100.745 - Escrow documents required of successor to vendor’s interest.
Section 100.770 - Fraud and deceit prohibited.
Section 100.785 - Blanket encumbrance prohibited.
Section 100.900 - Civil penalty.
Section 100.905 - Cease and desist order; injunction.
Section 100.920 - Changes or actions that require approval or consent of mortgagee.