Partition prohibited; exception
(1)Except as otherwise provided in this section, no judicial action for partition of a timeshare property may be undertaken as long as the property remains subject to a timeshare plan.
(2)If any timeshare is owned by two or more persons as tenants in common, as tenants by the entirety or as tenants with rights of survivorship, nothing in this section shall prohibit the judicial sale of the timeshare in lieu of partition as between the cotenants.
(3)A court of competent jurisdiction, on petition of the developer of a timeshare plan or the developer’s successor in interest, may grant a waiver of the prohibition against partition under subsection (1) of this section, if the court is satisfied that:
(a)The developer retains at least 50 percent of the timeshares created in the timeshare plan;
(b)The timeshare plan has failed and the continuation of the use of timeshare property by timeshare owners is no longer possible in the manner prescribed by the timeshare instruments;
(c)It is in the best interest of timeshare owners to terminate the timeshare plan and that no reasonable alternative to partition of the timeshare property exists;
(d)The petition has not been brought by the developer to avoid the developer’s responsibilities under the timeshare instrument without good cause; and
(e)The holder of each blanket encumbrance consents to the proceeding under this section.
(4)Except as otherwise provided in subsection (5) of this section, upon a court declaration of timeshare plan failure under subsection (3) of this section, the court shall proceed to partition the timeshare property as otherwise provided by law.
(5)In the event of a court-ordered sale in connection with partition, proceeds of the sale shall be applied in the following order:
(a)Costs described in ORS 105.285 (Distribution of proceeds of sale) (1) and (2);
(b)Repayment to owners except the developer of down payments and payments of principal and interest paid by such owners for their timeshares less the value, as determined by the court, of the owners’ use of their timeshares;
(c)Payments to satisfy and discharge the remaining timeshare purchase money obligations of all owners except the developer. If the developer or an entity closely related to the developer holds the beneficial interest in any of such purchase money obligations, funds shall first be applied to discharge the purchase money obligations held by other holders, and then to the credit of the developer and its related entity for purchase money obligations held by the developer or such entity. Funds paid to the developer or the related entity’s credit shall be held by the court as proceeds available to lienholders and other claimants in such partition. If there are insufficient funds to fully discharge purchase money obligations of all owners except the developer, the balance of unsatisfied purchase money obligations of all owners except the developer shall be discharged by judgment of the court; and
(d)As otherwise provided by law. [1983 c.530 §6; 2003 c.576 §356]
§§ 94.803 to 94.945
Law Review Citations
20 WLR 283 (1984)