PART 2. REGULATION OF TRANSACTIONS [11000. - 11288.]

Part 2 added by Stats. 1943, Ch. 127.

§§ 11000–11288 · 116 sections

CHAPTER 1. Subdivided Lands §§ 11000–11200 · 52 sections
1. ARTICLE 1. General Provisions §§ 11000–11008 · 11 sections
  - § 11000 (a) “Subdivided lands” and “subdivision” refer to improved or unimproved land or lands, wherever situated within California, divided or proposed to be divided…
  - § 11000.1 (a) “Subdivided lands” and “subdivision,” as defined by Sections 11000 and 11004.5, also include improved or unimproved land or lands, a lot or lots, or a…
  - § 11000.2 (a) A person who has made an offer to purchase an interest in an undivided-interest subdivision specified in subdivision (a) of, and not exempted by…
  - § 11001 The Real Estate Commissioner (hereafter referred to in this chapter as the commissioner) may adopt, amend, or repeal such rules and regulations as are…
  - § 11003 “Planned development” has the same meaning as specified in Section 4175 or 6562 of the Civil Code.
  - § 11003.2 “Stock cooperative” has the same meaning as specified in Section 4190 or 6566 of the Civil Code, except that, as used in this chapter, a “stock cooperative”…
  - § 11003.4 (a) A “limited-equity housing cooperative” or a “workforce housing cooperative trust” is a corporation that meets the criteria of Section 11003.2 and that also…
  - § 11004 “Community apartment project” has the same meaning as specified in Section 4105 of the Civil Code.
  - § 11004.5 In addition to the provisions of Section 11000, the reference in this code to “subdivided lands” and “subdivision” shall include all of the following: (a) Any…
  - § 11007 Every nonresident subdivider shall file with the questionnaire an irrevocable consent that if, in any action commenced against him in this State, personal…
  - § 11008 No provision of this part which makes a violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of…
2. ARTICLE 2. Investigation, Regulation and Report §§ 11010–11023 · 40 sections
  - § 11010 (a) Except as otherwise provided pursuant to subdivision (c) or elsewhere in this chapter, any person who intends to offer subdivided lands within this state…
  - § 11010.05 (a) A person who proposes to create a senior citizen housing development, as defined in Section 51.3 or 51.11 of the Civil Code, or an intergenerational…
  - § 11010.1 Prior to the issuance of promissory notes secured by individual lots in an unrecorded subdivision, the owner, his agent or subdivider shall notify the…
  - § 11010.2 (a) As used in this section: (1) “Quantitative” means the number and type of documents required to make the filing substantially complete, as defined in the…
  - § 11010.3 (a) (1) This chapter shall not apply to the proposed sale or lease of those lots or other interests in a subdivision that are limited to industrial or…
  - § 11010.35 (a) The provisions of this chapter shall not apply to the proposed sale or lease of five or more lots, parcels, or other interests in a subdivision or the sale…
  - § 11010.4 The notice of intention specified in Section 11010 is not required for a proposed offering of subdivided land that satisfies all of the following criteria: (a)…
  - § 11010.5 The filing of a second notice of intention to sell and a second report of the commissioner under this article shall not be required when all the following…
  - § 11010.6 The provisions of this chapter shall not be applicable to subdivided land which is offered or proposed to be offered for sale, lease, or financing by a state…
  - § 11010.7 The notice of intention specified in Section 11010 shall not apply to nonbinding expressions of intent to purchase or lease which an owner, agent, or…
  - § 11010.8 (a) The requirement that a notice of intention be filed pursuant to Section 11010 is not applicable to the purchase of a mobilehome park by a nonprofit…
  - § 11010.85 (a) The requirement that a notice of intention be filed pursuant to Section 11010 is not applicable to the purchase of a floating home marina by a nonprofit…
  - § 11010.9 (a) Notwithstanding any other provision of law, the subdivider of a mobilehome park or floating home marina that is proposed to be converted to resident…
  - § 11010.10 A person who plans to offer for sale or lease lots or other interests in a subdivision which sale or lease (a) is not subject to the provisions of this…
  - § 11010.11 Notwithstanding any provision in the purchase contract to the contrary, if the subdivision is to be used for residential purposes, the subdivision public…
  - § 11011 (a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to this chapter and if…
  - § 11012 It is unlawful for the owner, their agent, or subdivider, of the project, after it is submitted to the Department of Real Estate, to materially change the…
  - § 11013 For the purposes of this part, a blanket encumbrance shall be considered to mean a trust deed or mortgage or any other lien or encumbrance, mechanics’ lien or…
  - § 11013.1 It shall be unlawful, except as provided in Section 11013.2 or 11013.6, for the owner, subdivider, or agent to sell or lease lots or parcels within a…
  - § 11013.2 Should there not exist in the blanket encumbrance or supplementary agreement a release clause as set forth in Section 11013.1, then it shall be unlawful for…
  - § 11013.3 Taxes and assessments levied by public authority shall not be considered a blanket encumbrance within the meaning of Section 11013.
  - § 11013.4 If a subdivision is not subject to a blanket encumbrance, as defined in Section 11013, it is unlawful for the owner, subdivider, or agent to sell or lease lots…
  - § 11013.5 The public report of the commissioner, when issued, shall indicate the method or procedure selected by the owner or subdivider to comply with the provisions of…
  - § 11013.6 Notwithstanding Sections 11013.1 and 11013.2, an individual interest in a stock cooperative, as defined in Section 4190 of the Civil Code, or a limited-equity…
  - § 11014 The commissioner may investigate any subdivision being offered for sale or lease in this State. For the purposes of such investigations the commissioner may…
  - § 11018 The Real Estate Commissioner shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public…
  - § 11018.1 (a) A copy of the public report of the commissioner, when issued, shall be given to the prospective purchaser by the owner, subdivider, or agent prior to the…
  - § 11018.2 No person shall sell or lease, or offer for sale or lease in this state any lots or parcels in a subdivision without first obtaining a public report from the…
  - § 11018.3 Any subdivider objecting to the denial of a public report may, within 30 days after receipt of the order of denial, file a written request for a hearing. The…
  - § 11018.5 With respect to the subdivisions and interests of the type described in Section 11004.5, and in addition to the other grounds for denial of a public report as…
  - § 11018.6 Any person offering to sell or lease any interest subject to the requirements of subdivision (a) of Section 11018.1 in a subdivision described in Section…
  - § 11018.7 (a) No amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or…
  - § 11018.12 (a) The commissioner may issue a conditional public report for a subdivision specified in Section 11004.5 if the requirements of subdivision (e) are met, all…
  - § 11018.13 (a) After written notice to the subdivider, or the subdivider’s representative, the commissioner may abandon any application for a subdivision public report if…
  - § 11018.14 The commissioner shall not be a responsible agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000),…
  - § 11019 (a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist…
  - § 11020 (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report which is forged, altered, false, or…
  - § 11021 For the purpose of calculating the period of any applicable statute of limitations in any action or proceeding, either civil or criminal involving any…
  - § 11022 (a) It is unlawful for an owner, subdivider, agent or employee of a subdivision or other person, with intent directly or indirectly to sell or lease subdivided…
  - § 11023 Any person who violates Section 11010, 11010.1, 11010.8, 11013.1, 11013.2, 11013.4, 11018.2, 11018.7, 11018.9, 11018.10, 11018.11, 11019, or
3. ARTICLE 3. Sales Contracts § 11200 · 1 section
  - § 11200 Every sales contract relating to the purchase of real property in a subdivision as defined in this chapter shall clearly set forth the legal description of the…
CHAPTER 2. The Vacation Ownership and Time-Share Act of 2004 §§ 11210–11288 · 64 sections
1. ARTICLE 1. General Provisions §§ 11210–11219 · 12 sections
  - § 11210 This chapter may be cited as the Vacation Ownership and Time-share Act of 2004.
  - § 11211 The purposes of this chapter are to do all of the following: (a) Provide full and fair disclosure to the purchasers and prospective purchasers of time-share…
  - § 11211.5 (a) This chapter applies to all of the following: (1) Time-share plans with an accommodation or component site in this state. (2) Time-share plans without an…
  - § 11211.7 (a) Any time-share plan registered pursuant to this chapter to which the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000)…
  - § 11212 As used in this chapter, the following definitions apply: (a) “Accommodation” means any apartment, condominium or cooperative unit, cabin, lodge, hotel or…
  - § 11213 Each time-share estate, as specified in paragraph (1) of subdivision (x) of Section 11212, constitutes, for purposes of title, a separate estate or interest in…
  - § 11214 (a) The developer shall supervise, manage, and control all aspects of the offering of the time-share plan by or on behalf of the developer, including, but not…
  - § 11215 (a) The time-share instrument shall prohibit a person from seeking or obtaining, through any legal procedures, judicial partition of the time-share interest or…
  - § 11216 (a) An exchange program is not a part of a time-share plan offering and, except as provided in this section and Section 11238, shall not be subject to either…
  - § 11217 (a) The following communications shall not be deemed an advertisement or promotion and are exempt from this chapter so long as the communications are in…
  - § 11218 A time-share interest in a time-share plan shall be deemed an interest in subdivided lands or a subdivision for purposes of subdivision (f) of Section 25100 of…
  - § 11219 (a) Time-share plans registered as Qualified Resort Vacation Club Projects under prior law shall continue to operate under that prior law notwithstanding…
2. ARTICLE 2. Registration, Sale Requirements, and Fees §§ 11225–11246 · 24 sections
  - § 11225 A person shall not be required to register a time-share plan with the commissioner pursuant to this chapter if any of the following applies: (a) The person is…
  - § 11226 (a) Any person who, to any individual located in the state, sells, offers to sell, or attempts to solicit prospective purchasers to purchase a time-share…
  - § 11226.1 Any person offering to sell or lease any interest subject to the requirements of Section 11226 shall make a copy of each of the following documents available…
  - § 11227 (a) Subject to subdivision (h), the commissioner shall issue a final public report if all registration requirements have been met as set forth in this chapter…
  - § 11228 The term of a final public report shall be limited to five years. A renewal shall be issued if the developer, owner, or agent makes application for renewal of…
  - § 11229 (a) In connection with its review of the registration application of a time-share plan, the commissioner may make an examination of any time-share property…
  - § 11230 If the time-share plan, including any accommodations, or amenities within the common area are not completed prior to the issuance of a final public report for…
  - § 11231 Every registration required to be filed with the commissioner under this chapter shall be reviewed and issued the specified public report in accordance with…
  - § 11232 (a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate for a public report pursuant to…
  - § 11233 An applicant for a public report for a time-share plan in which the use and occupancy of the time-share interest purchased in the time-share plan is determined…
  - § 11234 A developer shall prepare, for issuance by the commissioner, a public report that shall fully and accurately disclose those facts concerning the time-share…
  - § 11235 (a) A person who has entered into a contract to purchase a short-term product shall have the right to rescind the contract until midnight of the seventh…
  - § 11236 (a) A receipt on the form specified herein shall be taken by or on behalf of the developer from each person executing a reservation agreement under authority…
  - § 11237 (a) If a purchaser of a time-share interest in a time-share plan is offered the opportunity to acquire an incidental benefit in connection with the sale of a…
  - § 11238 (a) The purchase contract entered into by any person who has made an offer to purchase a time-share interest or interests, any incidental benefit, made on the…
  - § 11239 (a) To inform a purchaser of his or her right of cancellation under Section 11238, the developer shall attach to the face page of every copy of a public report…
  - § 11240 An estimated operating budget for the time-share plan shall be filed with the commissioner along with the other information required to be registered pursuant…
  - § 11241 (a) The developer is obligated for the expenses associated with unsold inventory held by the developer. The obligation can be fulfilled in either of the…
  - § 11242 (a) In any time-share plan, the developer may undertake to pay a portion of the assessments otherwise payable by each purchaser (“buy down subsidy”). Any…
  - § 11242.1 (a) The assurance specified in Section 11241 and, if applicable, the assurance specified in Section 11242, shall be delivered to the trustee or an escrow…
  - § 11243 The developer shall comply with the following escrow requirements: (a) A developer of a time-share plan shall deposit into an escrow account in an acceptable…
  - § 11244 (a) Excluding any encumbrance placed against the purchaser’s time-share interest securing the purchaser’s payment of purchase money financing for the purchase,…
  - § 11245 (a) No person subject to this chapter shall do any of the following: (1) Make any material misrepresentation that is false or misleading in connection with any…
  - § 11246 With each application for an amendment or renewal of a public report, and with the initial submittal of an application for a time-share plan in which sales…
3. ARTICLE 3. Time-Share Plan Requirements §§ 11250–11256 · 7 sections
  - § 11250 A time-share plan may be created in any accommodation unless otherwise prohibited. All time-share plans shall maintain a one-to-one purchaser to accommodation…
  - § 11251 (a) The developer of a single site time-share plan and for the component sites of a multisite time-share plan located in the state, shall cause to be recorded…
  - § 11252 In a time-share plan offering time-share use interests, the developer shall not encumber the accommodations of the time-share plan in a manner that could…
  - § 11253 For single site time-share plans and component sites of multisite time-share plans located in this state, the time-share instrument shall require that the…
  - § 11254 (a) In a time-share plan in which the fee or a long-term leasehold interest in all or some of the accommodations and in appurtenant real and personal property…
  - § 11255 (a) The department shall require that each of the accommodations in a time-share plan offering time-share use interests be conveyed to a trustee or an…
  - § 11256 (a) The contract proposed to be used by a developer applying for a public report for the sale or lease of time-share interests shall provide that if the escrow…
4. ARTICLE 4. Management and Governance §§ 11265–11275 · 12 sections
  - § 11265 (a) For single site time-share plans and component sites of a specific time-share interest multisite time-share plan, the following requirements apply: (1)…
  - § 11265.1 (a) Regular and special assessments levied pursuant to the time-share instrument are delinquent 30 days after they become due, unless the time-share instrument…
  - § 11266 (a) An amendment of a provision of the declaration or other document establishing the time-share plan may not be adopted without the vote or written assent of…
  - § 11267 (a) The time-share instruments shall require the use of a managing entity for the time-share plan or component site pursuant to a written management agreement…
  - § 11268 (a) Unless impracticable because of the number of members of the association, their places of residence in relation to each other, the international nature of…
  - § 11269 (a) A member of an association including associations that provide for unequal assessments against members, shall be entitled to one vote for each time-share…
  - § 11270 (a) The governing body shall consist of three directors for an association that does not contemplate more than 100 members and either five or seven directors…
  - § 11271 (a) Regular meetings of the governing body of the association shall be held as prescribed in the bylaws, but not less frequently than annually. (b) (1) Regular…
  - § 11272 (a) The following information concerning the time-share plan shall be made available to all time-share interest owners in the time-share plan: (1) A proposed…
  - § 11273 (a) The books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the…
  - § 11274 (a) The association shall not be authorized to cause the absolute forfeiture of a time-share interest owner’s right, title, or interest in the time-share plan…
  - § 11275 (a) Any contractual provision or other provision in the time-share instruments implemented after July 1, 2005, setting forth terms, conditions, and procedures…
5. ARTICLE 5. Powers, Investigation, and Enforcement §§ 11280–11288 · 9 sections
  - § 11280 (a) Except as specifically provided in this section, the regulation of time-share plans and exchange programs is an exclusive power and function of the state.…
  - § 11281 The commissioner may adopt, repeal, or amend forms and regulations that are necessary to effectuate the intent of the Legislature in carrying out this chapter.…
  - § 11282 The commissioner may investigate the actions or qualifications of any person or persons holding or claiming to hold a public report under this chapter.
  - § 11283 (a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist…
  - § 11284 Notwithstanding any other provisions of this chapter or of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division…
  - § 11285 An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any time-share interest owner or association…
  - § 11286 (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report that is forged, altered, false, or…
  - § 11287 Any person who violates Section 11226, 11227, 11234, 11244, 11245, or 11283, is guilty of a public offense punishable by a fine not to exceed ten thousand…
  - § 11288 This chapter shall take effect on July 1, 2005.