2011 ORS § 94.807¹
Application

ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945), 94.806 (Legislative finding), 94.811 (When owners of planned community, condominium or subdivision may prohibit timeshare plan) to 94.863 (Developers duty to managing entity) and 94.869 (Insurance coverage) to 94.945 (Advertising regulation) do not apply to:

(1) Any timeshare plan for which the developer has complied with the requirements of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) or 100.005 (Definitions) to 100.910 (Use of fees) 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 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order) or 100.005 (Definitions) to 100.910 (Use of fees) 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 (Cancellation of purchase within five days) and 94.839 (Notice of cancellation right).

(4) Subdivided land as defined by ORS 92.305 (Definitions for ORS 92.305 to 92.495), a planned community as defined by ORS 94.550 (Definitions for ORS 94.550 to 94.783) and a condominium subject to ORS 100.005 (Definitions) to 100.910 (Use of fees) that does not involve a timeshare plan.

(5) Subdivided land as defined by ORS 92.305 (Definitions for ORS 92.305 to 92.495), a planned community as defined by ORS 94.550 (Definitions for ORS 94.550 to 94.783) and a condominium subject to ORS 100.005 (Definitions) to 100.910 (Use of fees), 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 (Definitions for ORS 94.803 and 94.807 to 94.945), 94.806 (Legislative finding) and 94.811 (When owners of planned community, condominium or subdivision may prohibit timeshare plan) to 94.945 (Advertising regulation).

(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 (Application of ORS 92.305 to 92.495), 94.570 (Applicability of ORS 94.550 to 94.783), 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) to 94.945 (Advertising regulation), 100.005 (Definitions), 100.105 (Contents of declaration), 100.200 (Declarant control of association), 100.450 (Association lien against individual unit) and 696.490 (Real Estate Account).

(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 (Application of ORS 92.305 to 92.495), 94.570 (Applicability of ORS 94.550 to 94.783), 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) to 94.945 (Advertising regulation), 100.005 (Definitions), 100.105 (Contents of declaration), 100.200 (Declarant control of association), 100.450 (Association lien against individual unit) and 696.490 (Real Estate Account).

(8) The transfer of a timeshare by reason of a foreclosure action, by deed in lieu of foreclosure, by gift or by devise, descent or distribution or transfer to an inter vivos trust that is not made to evade ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945) and 94.807 (Application) to 94.945 (Advertising regulation).

(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]