Oregon Statutes 94.807 – Application
ORS § 94.803, 94.806, 94.811 to 94.863 and 94.869 to 94.945 do not apply to:
Terms Used In Oregon Statutes 94.807
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Devise: To gift property by will.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Inter vivos: Transfer of property from one living person to another living person.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Any timeshare plan for which the developer has complied with the requirements of ORS § 92.305 to 92.495 or 100.005 to 100.910 before July 28, 1983.
(2) Any timeshare plan for which the developer has complied with all applicable local regulations and has submitted a completed filing under ORS § 92.305 to 92.495 or 100.005 to 100.910 before July 28, 1983.
(3) Any subsequent phase or stage of a timeshare plan described in subsection (1) or (2) of this section that has complied with the applicable requirements of ORS Chapter 92 and this chapter in effect prior to July 28, 1983. However, the developer of the phase or stage must comply with the cancellation provisions of ORS § 94.836 and 94.839.
(4) Subdivided land as defined by ORS § 92.305, a planned community as defined by ORS § 94.550 and a condominium subject to ORS § 100.005 to 100.910 that does not involve a timeshare plan.
(5) Subdivided land as defined by ORS § 92.305, a planned community as defined by ORS § 94.550 and a condominium subject to ORS § 100.005 to 100.910, that involves a timeshare plan to the extent of the nontimeshare aspects of the development. The developer of such a development must comply with the applicable requirements of ORS Chapter 92 and this chapter in addition to ORS § 94.803, 94.806 and 94.811 to 94.945.
(6) Any transaction normal and customary in the hotel and motel business involving the acceptance of advance reservations which are not entered into for the purpose of evading the provisions of ORS § 92.325, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490.
(7) The offering, sale or transfer of a fractional interest or a timeshare in a timeshare plan comprised of 12 timeshares or less unless the Real Estate Commissioner determines that the developer is attempting by a common scheme or course of development to evade the provisions of ORS § 92.325, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490.
(8) The transfer of a timeshare by:
(a) Reason of a foreclosure action;
(b) Deed in lieu of foreclosure;
(c) Gift;
(d) Devise, descent or distribution or transfer to an inter vivos trust that is not made to evade ORS § 94.803 and 94.807 to 94.945;
(e) A person, other than a developer, that acquired the timeshare in the manner described in paragraph (a) or (b) of this subsection; or
(f) A person, other than a developer, who previously acquired the timeshare for personal use.
(9) The offering, sale or transfer of a membership or interest in a recreational vehicle park or campground that provides no right to use or occupy a residential dwelling structure in the project overnight.
(10) The offering, sale or transfer of a membership or interest entitling the purchaser to a timeshare in personal property, including but not limited to an airplane, boat or recreational vehicle.
(11) The offering, sale or transfer of a membership or interest entitling the purchaser to use real property and facilities without overnight use for dwelling purposes, including but not limited to commercial office, retail or similar space and golf, tennis or athletic clubs. [1983 c.530 § 3; 1985 c.565 § 9; 1991 c.64 § 2; 1993 c.744 § 245; 1999 c.677 § 28; 2017 c.354 § 2]