Real Property Development
Public report on plan
(1)After the Real Estate Commissioner receives a completed notice under ORS 94.823 (Notice of intent to sell timeshares) the commissioner shall prepare a public report on the timeshare plan. In lieu of preparing a report, the commissioner may accept a report prepared by the developer and issue the report with any changes the commissioner considers necessary.
(2)Whether or not the commissioner issues a public report on a timeshare plan the developer shall report to the commissioner any material change in the timeshare plan or in the marketing program for the timeshare plan within 10 days after the change occurs.
(3)The commissioner may examine a timeshare plan subject to ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation) to be offered for sale and make a public report of the findings. If a timeshare plan is located within this state and no report is made within 45 days after the commissioner receives a completed timeshare filing, the report shall be considered waived.
(4)As used in this section, “material change” includes, but is not limited to:
(a)The addition or deletion of a timeshare accommodation or facility.
(b)A change in the method of marketing or conveyancing the timeshare plan.
(c)A change in the purchase money handling procedure previously approved by the commissioner, including but not limited to:
(A)A change in the escrow depository; or
(B)A change in or creation of an encumbrance affecting more than one timeshare.
(d)A change in the developer or, if the developer is an entity, a change in the name, form of organization or status of the developer.
(e)A revision of the timeshare plan’s annual budget that will require a regular annual assessment against the owners that is more than 25 percent greater than the regular annual assessment indicated in the current public report for the timeshare plan.
(f)Any legal or physical condition rendering a timeshare accommodation or facility unusable by an owner. [1983 c.530 §§20,39]
§§ 94.803 to 94.945
Law Review Citations
20 WLR 283 (1984)