{"data":{"id":"us-or/ors-94.867","jurisdiction":"us-or","citation":"ORS 94.867","heading":"Judicial declaration of failure in management.","body":"(1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a timeshare plan, may declare a failure in the management of the timeshare plan and timeshare property and appoint a trustee to assume the duties of a managing entity for the timeshare plan, if the court finds that:\n      (a) The management of the timeshare plan and timeshare property has failed to carry out the duties of a managing entity under the timeshare instrument and ORS 94.846 to 94.858;\n      (b) The rights of the timeshare owners under the timeshare instrument will be substantially impaired if a trustee is not appointed; and\n      (c) No reasonable alternative exists to appointment of a trustee to perform the functions of a managing entity.\n      (2) The court may attach such conditions and terms to its appointment of a trustee under subsection (1) of this section as the court considers necessary to protect the rights of timeshare owners under the timeshare instrument.\n      (3) The trustee shall send a copy of the court’s decision to the Real Estate Commissioner.","path":["03 - Landlord-Tenant, Domestic Relations, Probate","10. Property Rights and Transactions","Chapter 94 — Real Property Development"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors094.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"562265a0541467cdfe6b9312c72ece800467279ef090bae373a8ec9e6a0c38e5","source_id":"us-or","stale":false,"prev":"us-or/ors-94.863","next":"us-or/ors-94.869"},"notice":"GroundRules: Original legal text. Not legal advice."}