CHAPTER 2. The Vacation Ownership and Time-Share Act of 2004 [11210. - 11288.]
Chapter 2 added by Stats. 2004, Ch. 697, Sec. 14.
§§ 11210–11288 · 64 sections
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…
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…
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…
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…
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.