2021 Oregon Revised Statutes
Chapter 094 - Real Property Development
Section 94.821 - Content of timeshare instrument.


(1) A legal description of the timeshare property;
(2) The name or other identification of the project;
(3) Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare;
(4) Identification of the accommodations;
(5) The method for determining the owner’s liability for common expenses and real property taxes;
(6) The method for notice and appeal of property tax values;
(7) If additional accommodations may become part of the timeshare property or existing accommodations may be deleted from the timeshare property, the method for adding them to or deleting them from the property and the formula for allocation and reallocation of the liabilities for common expenses and of voting rights;
(8) Any restrictions on the use, occupancy or alteration of a timeshare accommodation and any specified procedure or method for amending existing rules or adopting additional rules and regulations;
(9) Any restriction on the alienation of a timeshare;
(10) The ownership interest of the owner in personal property and provisions for care and replacement of personal property;
(11) If the instrument creates timeshare licenses, the period the accommodations affected are committed to timeshare licenses and provisions for disposition of those accommodations at the end of the period, if the period is not infinite;
(12) Any requirement for or restriction on amending the timeshare instrument;
(13) The nature and duration of the owner’s rights in the timeshare plan, the circumstances under which the timeshare plan could be terminated and the procedure for terminating the timeshare plan;
(14) A description of the form of conveyance or other instrument used by the developer to transfer a timeshare to a purchaser;
(15) The identity of any person that has the power to grant an easement in the timeshare property or otherwise affect the title to the timeshare property;
(16) How and by whom the timeshare plan will be managed, including but not limited to provisions for selecting a replacement or successor managing entity and provisions for continuity of management throughout the duration of the timeshare plan;
(17) A description of the voting rights of a timeshare owner and the developer and other participation rights, if any, of a timeshare owner and the method for determining and allocating the voting rights; and
(18) Provisions for notifying a timeshare owner of any authorized change in the owner’s voting or participation rights. [1983 c.530 §8; 1987 c.424 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 094 - Real Property Development

Section 94.504 - Development agreements; contents; duration; effect on affordable housing covenants.

Section 94.508 - Approval by governing body; findings; adoption.

Section 94.513 - Procedures on consideration and approval.

Section 94.518 - Application of local government law and policies to agreement.

Section 94.522 - Amendment or cancellation of agreement; enforceability.

Section 94.528 - Recording.

Section 94.531 - Severable development interest in real property; transferable development credit.

Section 94.534 - Policy on transferable development credit systems.

Section 94.536 - Definitions for ORS 94.536 and 94.538.

Section 94.538 - Transferable development credit systems.

Section 94.550 - Definitions for ORS 94.550 to 94.783.

Section 94.560 - Legislative findings.

Section 94.565 - Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded.

Section 94.570 - Applicability of ORS 94.550 to 94.783.

Section 94.572 - Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities.

Section 94.573 - Class I or Class II planned community option to amend governing documents to conform to statute.

Section 94.574 - Procedure for formation of homeowners association by Class I or Class II planned community.

Section 94.576 - Class I or Class II planned community option to be subject to provisions of ORS 94.550 to 94.783.

Section 94.577 - Recording amended governing documents; marketability of title unaffected by noncompliance.

Section 94.580 - Declaration; recordation; contents.

Section 94.590 - Amendment of declaration by owners.

Section 94.595 - Reserve account for maintaining, repairing and replacing common property; reserve study; maintenance plan.

Section 94.600 - Declarant control of association.

Section 94.604 - Transitional advisory committee.

Section 94.609 - Notice of meeting to turn over administrative responsibility.

Section 94.616 - Turnover meeting; transfer of administration; receivership.

Section 94.622 - Obligations and liabilities arising from transfer of special declarant rights.

Section 94.623 - Acquisition of special declarant rights by successor declarant; exceptions.

Section 94.625 - Formation of homeowners association; adoption of initial bylaws; amendment of bylaws.

Section 94.626 - Corporate dissolution of association.

Section 94.630 - Powers of association.

Section 94.635 - Association bylaws.

Section 94.639 - Criteria for board of directors membership.

Section 94.640 - Association board of directors; powers and duties; removal of director.

Section 94.641 - Assent of director to board action.

Section 94.642 - Receivership for failure of homeowners association to fill vacancies on board of directors.

Section 94.644 - Meetings of board of directors; notice; executive sessions.

Section 94.645 - Adoption of annual budget.

Section 94.647 - Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions.

Section 94.650 - Meetings of lot owners; notice.

Section 94.652 - Electronic notice to owner or director.

Section 94.655 - Quorum for association meetings.

Section 94.657 - Rules of order.

Section 94.658 - Voting or granting consent.

Section 94.660 - Method of voting or consenting.

Section 94.661 - Electronic ballot.

Section 94.662 - Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out.

Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.

Section 94.667 - Recording association information with county clerk.

Section 94.670 - Association duty to keep documents and records; deposit of assessments; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner.

Section 94.671 - Application of ORS 94.670 (5).

Section 94.673 - When compliance with specified provisions of ORS 94.640 and 94.670 required.

Section 94.675 - Insurance for common property; fidelity bond coverage.

Section 94.676 - Insurance deductible for certain planned communities.

Section 94.680 - Blanket all-risk insurance.

Section 94.685 - Specification of insurance for individual lots.

Section 94.700 - Duration and termination of initial management agreements and service and employment contracts; exceptions.

Section 94.704 - Assessment and payment of common expenses.

Section 94.709 - Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure.

Section 94.712 - Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations.

Section 94.728 - Taxation of lots and common property.

Section 94.733 - Easements held by owner of lot and by declarant; homeowners association access to lots.

Section 94.761 - Legislative findings regarding electric vehicle charging stations.

Section 94.762 - Electric vehicle charging stations.

Section 94.763 - Association use of pesticides on lots; notice to owners; owner opt out.

Section 94.764 - Changes or actions that require approval or consent of mortgagee.

Section 94.770 - Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65.

Section 94.775 - Judicial partition of lots.

Section 94.776 - Development and division of lots; allocations for newly created lots.

Section 94.778 - Prohibition against installation of solar panels void and unenforceable.

Section 94.779 - Unenforceability of certain irrigation requirements and restrictions on family child care.

Section 94.780 - Remedies.

Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.

Section 94.806 - Legislative finding.

Section 94.807 - Application.

Section 94.808 - Managing entity as taxpayer.

Section 94.809 - Valuation of timeshare property; exclusions from value.

Section 94.811 - When owners of planned community, condominium or subdivision may prohibit timeshare plan.

Section 94.813 - Character of timeshare estates.

Section 94.816 - Partition prohibited; exception.

Section 94.818 - Recording of timeshare instrument; payments required.

Section 94.821 - Content of timeshare instrument.

Section 94.823 - Notice of intent to sell timeshares; form and content; rules.

Section 94.826 - Information on exchange program; content; rules.

Section 94.828 - Public report on plan.

Section 94.829 - Sale not allowed before issuance of public report; distribution and uses of report.

Section 94.831 - Filing fees; inspection advance payment; disposition of moneys.

Section 94.833 - Sale of timeshare plan located out-of-state.

Section 94.836 - Cancellation of purchase within five days.

Section 94.839 - Notice of cancellation right.

Section 94.843 - Limits on developer right to transfer.

Section 94.846 - Designation of managing entity; duties and powers of entity.

Section 94.848 - How managing entity of developer terminated.

Section 94.853 - Payment of common expenses.

Section 94.856 - Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception.

Section 94.858 - Owners’ association; powers and duties.

Section 94.863 - Developer’s duty to managing entity.

Section 94.867 - Judicial declaration of failure in management.

Section 94.869 - Insurance coverage.

Section 94.871 - When purchase money agreement prohibited; escrow requirements.

Section 94.873 - Escrow account; closing; release.

Section 94.876 - Requirements for closing escrow.

Section 94.878 - Duties of escrow agent.

Section 94.881 - Who may serve as escrow agent.

Section 94.885 - Rights of lienholder.

Section 94.890 - Lien payment trust; payments; delinquencies.

Section 94.895 - Trust irrevocable without alternative arrangement.

Section 94.900 - Alternative to lien payment trust.

Section 94.915 - Inspection of records; rules; uniform standards.

Section 94.920 - Consent to service by out-of-state developer.

Section 94.925 - Civil penalty.

Section 94.930 - Commissioner order; injunctive relief.

Section 94.940 - False practices prohibited.

Section 94.953 - Definitions for ORS 94.953 to 94.989.

Section 94.959 - Application for registration.

Section 94.962 - Exemptions from registration.

Section 94.965 - Effective date of registration.

Section 94.968 - Denial, suspension and revocation of registration; other sanctions.

Section 94.971 - Fee for registration or amendment of an offer or sale of membership camping contract.

Section 94.974 - Written disclosures required; procedures; inspection of records.

Section 94.975 - False practices prohibited.

Section 94.976 - Advertising regulation.

Section 94.977 - Registration as salesperson or broker.

Section 94.980 - Application for registration; fee.

Section 94.983 - Cancellation of contract by purchaser; notice of right to cancel.

Section 94.986 - Requirements for sale of membership camping contract; nondisturbance agreements.

Section 94.987 - Judicial declaration of failure in management.

Section 94.989 - Interpretation of membership camping contracts; application of Unlawful Trade Practices Act.