Oregon Statutes 100.118 – Correction amendment to condominium plat; fees
(1) Unless the context requires otherwise, as used in this section ‘plat’ means:
Terms Used In Oregon Statutes 100.118
- 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.
- association: means the association provided for under ORS § 100. See Oregon Statutes 100.005
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- Recording officer: means the county officer charged with the duty of filing and recording deeds and mortgages or any other instruments or documents affecting the title to real property. See Oregon Statutes 100.005
- Variable property: means property described in ORS § 100. See Oregon Statutes 100.005
(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 section.
(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]
See note under 100.117.