92.100. 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 app

92.100. 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)(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 and 100.135 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 (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 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.

����� 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.

����� (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]

����� Note: 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.

����� 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.

����� (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]

����� Note: See note under 100.117.

����� 100.119 Restated declaration; restated assignment of use. (1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:

����� (a) The word �Restated� in the declaration title.

����� (b) All previously adopted amendments that are recorded and in effect.

����� (c) A statement that the association has adopted a resolution in accordance with this subsection.

����� (d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.

����� (e) A certification by the association that:

����� (A) The restated declaration includes all previously adopted amendments that are recorded and in effect.

����� (B) Other changes were not made to the declaration except, if applicable, to correct scriveners� errors or to conform format and style.

����� (2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:

����� (a) The words �Restated Assignment of Use of Limited Common Elements� followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.

����� (b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

����� (c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.

����� (d) The unit to which the use of each limited common element is reserved.

����� (e) An allocation, if any, of use of a limited common element assigned to more than one unit.

����� (f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.

����� (g) A statement that the association has adopted a resolution in accordance with this subsection.

����� (h) Any other information required by rule by the Real Estate Commissioner.

����� (i) Certification by the association that:

����� (A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

����� (B) Other changes were not made to the restatement except to correct scriveners� errors or to conform format and style.

����� (3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.

����� (4) A restated declaration or a restated assignment of use under this section is not effective unless:

����� (a) Executed by the association and acknowledged;

����� (b) Approved by the commissioner under ORS 100.110; and

����� (c) Recorded in the office of the recording officer of every county in which the condominium is located.

����� (5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 �2]

����� Note: 100.119 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.

����� 100.120 Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date. (1)(a) To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section.

����� (b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat.

����� (2) The supplemental plat must comply with ORS 100.115 and the supplemental declarations must:

����� (a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws.

����� (b) Be consistent with the provisions of the original declaration prepared pursuant to ORS