[§514E-8.6]  One-to-one use-right to
use-night requirement.  (a)  A developer shall not offer or dispose of a
time share unit or a time share interest unless the one-to-one use-right to
use-night requirement is currently satisfied and will continue to be satisfied
for the duration of the time share plan.



(b)  The time share instruments shall contain
provisions assuring satisfaction of the one-to-one use-right to use-night
requirement for the duration of the time share plan except during temporary
periods of noncompliance due to casualty or condemnation.



(c)  The following criteria shall be considered
in determining whether the one-to-one use-right to use-night requirement is
satisfied:



(1)  If the time share plan has more than one class of
time share interest, then the requirement must be satisfied within each class;



(2)  Only use nights available and protected from
blanket liens for the duration of the time share plan shall be counted;
provided that if time share interests are classified by duration, then as to
each class, only use nights available and protected from blanket liens for the
entire duration of that class shall be counted;



(3)  A use night counted to satisfy the requirement
for one class may not also be counted to satisfy the requirement for a
competing class;



(4)  No individual time share unit may be counted as
providing more than three hundred sixty-five use nights per calendar year (or
more than three hundred sixty-six use nights per leap year);



(5)  The use rights of each owner shall be counted
without regard to whether the owner's use rights have been suspended for
failure to pay assessments or otherwise.  Use rights attributable to unsold
time share interests shall be counted;



(6)  Use rights of nonowners shall be counted.  Use
rights of the developer and its affiliates in excess of those attributable to
unsold time share interests shall be counted;



(7)  Use nights reserved by the association or plan
manager for the purpose of performing maintenance and repairs to a time share
unit shall not be considered;



(8)  Use rights borrowed from a subsequent year or
carried over from a prior year shall not be considered; provided that such
practice is not established for the purpose of evading the requirements of this
section; and provided further that any such acceleration or deferral of use
rights is appropriately balanced and restricted; and



(9)  The director may adopt rules identifying
additional criteria to be used to calculate whether the one-to-one use-right to
use-night requirement is satisfied.



(d)  This section shall not be deemed to
prohibit the time share instruments from including provisions permitting rental
by the association or the developer, or reservation and use by owners, of use
nights which remain unreserved as of sixty or fewer days in advance of the use
night.  Any such use rights shall not be considered in determining whether the
one-to-one use-right to use-night requirement is satisfied. [L 1997, c
372, pt of §1]