Assessment of common expenses as lien
(1)Whenever a managing entity levies an assessment for common expenses against a timeshare estate, the managing entity, upon complying with subsection (2) of this section, shall have a lien upon the timeshare estate for the reasonable value of the expenses, for any unpaid assessment and interest as provided in subsection (2)(b) of this section and for any late charges, fines and costs of collection, including but not limited to attorney fees and court costs. The lien shall be prior to any other lien or encumbrance upon the timeshare estate except:
(a)Blanket encumbrances of record;
(b)Tax and assessment liens; and
(c)A purchase money mortgage of record, a purchase money trust deed of record or a purchase agreement of record.
(2)Intentionally left blank —Ed.
(a)A managing entity claiming a lien under subsection (1) of this section shall record in the county in which the timeshare estate or some part thereof is located a claim containing:
(A)A true statement of the account due for common expenses after deducting all just credits and offsets;
(B)The name of the owner of the timeshare estate, or reputed owner, if known; and
(C)The designation of the timeshare estate, sufficient for identification.
(b)If a claim is filed and recorded under this section and the owner of the timeshare estate subject to the claim thereafter fails to pay any assessment chargeable to the timeshare estate, then so long as the original or any subsequent unpaid assessment remains unpaid the claim shall automatically accumulate the subsequent unpaid assessment and interest thereon without the necessity of further filings under this section.
(3)The claim shall be verified by the oath of a person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under ORS 87.035 (Perfecting lien). The record shall be indexed in the same manner that a deed or other conveyance is required by ORS 93.630 (Index to record of deeds, mortgages and other real property interests) to be indexed.
(4)The proceeding to foreclose a lien created by this section shall conform as nearly as possible to the proceeding to foreclose a lien created by ORS 87.010 (Construction liens), except that notwithstanding ORS 87.055 (Duration of lien), a lien may be continued in force for a period of time not to exceed six years from the date the claim is filed under subsection (3) of this section. For the purpose of determining the date the claim is filed in those cases where subsequent unpaid assessments have accumulated under the claim as provided in subsection (2)(b) of this section, the claim regarding each unpaid assessment shall be considered to have been filed at the time the unpaid assessment became due. The lien may be enforced by the managing entity. An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien securing the claim for common expenses.
(5)Unless the timeshare instrument provides otherwise, a fee, late charge, fine and interest imposed under ORS 94.858 (Owners’ association) (4)(i) is enforceable as an assessment under this section.
(6)In addition to seeking a money judgment for the unpaid assessment if the timeshare plan conveys only a timeshare license, the managing entity may bring an action for breach of contract.
(7)A construction lien under ORS 87.001 (Short title) to 87.093 (Information Notice to Owner) for labor performed or materials furnished to timeshare property, if properly incurred by the association or managing entity for the benefit of all timeshare owners with interests in the timeshare property shall, if effective, attach to each timeshare with interests in the timeshare property. The owner of a timeshare subject to the lien shall have the right to have the timeshare released from the lien by payment of the amount of the lien attributable to the timeshare. The amount of the lien attributable to the timeshare and the payment required to satisfy the lien, in the absence of agreement, shall be determined by application of the allocation of common expenses established in the timeshare instrument.
(8)Except as provided in subsection (7) of this section, a construction lien under ORS 87.001 (Short title) to 87.093 (Information Notice to Owner) for labor performed or materials furnished to a unit shall not be filed against the timeshare of any timeshare owner who did not expressly consent to or request the labor or materials. Consent shall be considered given under this subsection by the owner of a timeshare in the case of emergency repairs to the timeshare property done with the consent or at the request of the managing entity. [1983 c.530 §12]
Section 94.856 — Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception,