Oregon Statutes 100.117 – Correction amendment to declaration or bylaws
(1) As used in this section and ORS § 100.118, ‘document’ means the declaration, supplemental declaration or bylaws of a condominium.
Terms Used In Oregon Statutes 100.117
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assessment: means any charge imposed or levied by the association of unit owners on or against a unit owner or unit pursuant to provisions of the declaration or the bylaws of the condominium or provisions of this chapter. See Oregon Statutes 100.005
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Commissioner: means the Real Estate Commissioner. See Oregon Statutes 100.005
- Common elements: means the general common elements and the limited common elements. See Oregon Statutes 100.005
- Declarant: means a person who records a declaration under ORS § 100. See Oregon Statutes 100.005
- Declaration: means the instrument described in ORS § 100. See Oregon Statutes 100.005
- Recorded: means to cause to be recorded by the county officer in the real property records for each county in which the condominium is located. See Oregon Statutes 100.005
- Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
- Voting rights: means the portion of the votes allocated to a unit by the declaration in accordance with ORS § 100. See Oregon Statutes 100.005
(2) Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment under this section to:
(a) Correct the omission of an exhibit to a document.
(b) Correct a mathematical mistake, including, but not limited to:
(A) The calculation of the stated interest of affected units in the common elements;
(B) The area in square feet of a unit specified in the declaration or supplement declaration; and
(C) Liability of a unit for common expenses or right to common profits.
(c) Correct an inconsistency within a document or between or among the documents or a plat, supplemental plat or plat amendment.
(d) Correct an ambiguity, inconsistency or error with respect to an objectively verifiable fact.
(e) Authorize a plat amendment by correction under ORS § 100.118 or an affidavit of correction under ORS § 100.118.
(f) Correct a provision that was inconsistent with this chapter at the time the document was recorded.
(g) Correct the omission of a provision required under this chapter.
(3) A correction amendment adopted under subsection (4) of this section must include:
(a) The words ‘Correction Amendment‘ in or after the title;
(b) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being corrected and any other applicable supplemental declarations, supplemental plats or amendments to the documents;
(c) A statement of the purpose of the correction; and
(d) A reference to any provisions of subsection (2) of this section that authorize the correction amendment.
(4) The board of directors may adopt a correction amendment under this section after giving notice as provided in subsection (8) of this section. No action by the unit owners is required.
(5) The declarant of the condominium may unilaterally adopt a correction amendment under this section to:
(a) A document or an amendment to a document, before the conveyance of the first unit in the condominium.
(b) A supplemental declaration or an amendment to the supplemental declaration, before conveyance of the first unit created by the supplemental declaration.
(6) A correction amendment under this section is not effective unless:
(a) The amendment is approved by the Real Estate Commissioner under ORS § 100.110 and, to the extent required, ORS § 100.410 and 100.413, by the county assessor and by the county tax collector, if required, under ORS § 100.110;
(b) The amendment is certified by the association as adopted in accordance with subsection (4) of this section and acknowledged or is certified by the declarant under subsection (5) of this section and acknowledged; and
(c) Is recorded.
(7) A correction amendment to a declaration or a supplemental declaration that corrects the boundary of a unit, common element, variable property or other property interest constitutes a conveyance to the extent necessary to effectuate the correction.
(8)(a) Except for a correction amendment adopted by a declarant under subsection (5) of this section, the notice of any meeting of the board of directors at which the board intends to consider adoption of a correction amendment under this section must:
(A) State that the board intends to consider the adoption of a correction amendment.
(B) Specify the document to be corrected.
(C) Include a description of the nature of the correction.
(b) At least three days before the meeting of the board of directors, a notice of the meeting must be given to all owners in the manner described in ORS § 100.420 (6).
(9) The owner of a unit materially affected by the correction must be given notice of the meeting of the board of directors under subsection (8) of this section in the manner required under ORS § 100.407 (4).
(10) The board of directors shall provide a copy of the recorded correction amendment and any plat amendment by correction or by affidavit of correction under ORS § 100.118 recorded concurrently with the correction amendment to any owner described under subsection (9) of this section and to any owner if the correction changes that owner’s:
(a) Allocation of voting rights;
(b) Liability for common expenses that changes the amount of any assessment; or
(c) Allocation of interest in the common elements. [2009 c.641 § 43a; 2011 c.532 § 19; 2019 c.69 § 6; 2021 c.40 § 17]
100.117 and 100.118 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 100 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.