§ 94.811 — When owners of planned community, condominium or subdivision may prohibit timeshare plan

Oregon § 94.811

• Jurisdiction: Oregon
• Vol.: 3
• Title 10: Property Rights and Transactions
• Ch. 94: Real Property Development

Text

(1) The unit owners in a condominium subject to the Oregon Condominium Act and the owners in a planned community subject to the Oregon Planned Community Act may amend the declaration for the condominium or planned community to prohibit the creation of a timeshare plan involving any portion of the property of the condominium or planned community. Any amendment to a condominium declaration must comply with ORS 100.135 and any amendment to a planned community declaration must comply with ORS 94.590.
(2) The owners of land in a subdivision may amend the recorded declaration, bylaws or other governing document for the subdivision to prohibit the creation of a timeshare plan involving any portion of the property within the subdivision. The amendment must be approved by not less than 75 percent of the owners or by any larger percentage specified for the amendment in the recorded declaration, bylaws or other governing document for the subdivision. As used in this subsection, “subdivision” means a subdivision as defined by ORS 92.010, that:
(a) Was approved and for which a plat was recorded under ORS 92.120 before July 28, 1983;
(b) At the time of the subdivision’s creation, would have met the definition of a planned community under ORS 94.550; and
(c) Is not, because of the time of its creation, a planned community subject to the Oregon Planned Community Act.
(3) The declaration for a condominium subject to the Oregon Condominium Act and created after July 28, 1983, and the declaration for a planned community, subject to the Oregon Planned Community Act and created after July 28, 1983, may include a provision prohibiting the creation of a timeshare plan involving any portion of the property of the condominium or planned community. [1983 c.530 §4; 1999 c.677 §29]
(Creation of Timeshare Estates)