CHAPTER 2. DEFINITIONS
IC 32-32-2
Chapter 2. Definitions
IC 32-32-2-1
Applicability of definitions
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-2
"Camping club" defined
Sec. 2. "Camping club" means any enterprise, other than one thatis tax exempt under Section 501 of the Internal Revenue Code, thathas as its primary purpose camping or outdoor recreation thatinvolves or will involve camping sites.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-3
"Camping club member" defined
Sec. 3. "Camping club member" means any person, other than thedeveloper or lender, who purchases a camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-4
"Camping club membership" defined
Sec. 4. (a) "Camping club membership" means an agreementevidencing a purchaser's title to, interest in, or right or license to usefor more than thirty (30) days the camping or outdoor recreationfacilities of a camping club.
(b) The term does not include an agreement of a camping oroutdoor recreation facility that expires within three hundredsixty-five (365) days after the execution date of the agreement.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-5
"Camping site" defined
Sec. 5. "Camping site" means a space that:
(1) is designed and promoted for the purpose of locating atrailer, tent, tent trailer, pickup camper, or other similar deviceused for land based portable housing; and
(2) is the subject of a camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-6
"Developer" defined
Sec. 6. "Developer" means any person who engages in thebusiness of creating or selling its own time shares or camping clubmemberships.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-7
"Director" defined
Sec. 7. "Director" refers to the director of the division appointedunder IC 4-6-9-2.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-8
"Division" defined
Sec. 8. "Division" refers to the consumer protection division ofthe office of the attorney general created by IC 4-6-9-1.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-9
"Exchange company" defined
Sec. 9. "Exchange company" means any person owning oroperating an exchange program.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-10
"Exchange program" defined
Sec. 10. (a) "Exchange program" means any arrangement allowingowners to exchange occupancy rights with persons owning othertime shares or camping club memberships.
(b) The term does not include an arrangement in which all of theoccupancy rights that may be exchanged are in the same time shareproperty or camping site.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-11
"Offer" defined
Sec. 11. "Offer" means any advertised inducement, solicitation,or attempt to encourage any person to acquire a time share orcamping club membership other than as security for an obligation.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-12
"Participant" defined
Sec. 12. "Participant" means any person who, by means of averbal or written purchase, exchange, or leasing agreement, acquiresa right to occupy a time share unit from a developer, purchaser,exchange company, rental or management company, or any otherperson or organization.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-13
"Person" defined
Sec. 13. "Person" means a natural person, a corporation, agovernment, a governmental subdivision or agency, a business trust,an estate, a trust, a partnership, an association, a joint venture, oranother legal or commercial entity.As added by P.L.2-2002, SEC.17.
IC 32-32-2-14
"Project" defined
Sec. 14. "Project" means the real property, which must containmore than one (1) unit, in which time shares or camping sites arecreated by a single instrument or set of instruments.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-15
"Project manager" defined
Sec. 15. "Project manager" means any person:
(1) who coordinates the sale of time shares or camping clubmemberships; and
(2) to whom sales agents and representatives are responsible.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-16
"Purchaser" defined
Sec. 16. "Purchaser" means any person, other than the developeror lender, who purchases a time share or camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-17
"Representative" defined
Sec. 17. (a) "Representative" means a person who is not a sellerand who, on behalf of a developer, induces other persons to attend asales presentation.
(b) The term does not include a person who only performs clericaltasks, arranges appointments set up by others, or prepares ordistributes promotional materials.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-18
"Seller" defined
Sec. 18. "Seller" means a developer or any other person or agentor employee of a developer who offers time shares or camping clubmemberships to the public.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-19
"Substantially completed" defined
Sec. 19. "Substantially completed" means that:
(1) all roadways, utilities, amenities, furnishings, appliances,structural components, and mechanical systems of buildings andpremises are completed and provided as represented in the timeshare instrument or agreement or camping club membershipagreement; and
(2) the premises are ready for occupancy and the propergovernmental authority has caused to be issued a certificate of
occupancy, if a certificate of occupancy is required.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-20
"Time share" defined
Sec. 20. "Time share" means the right to use and occupy a unit ona periodic basis according to an arrangement allocating this rightamong various time share participants.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-21
"Time share instrument" defined
Sec. 21. "Time share instrument" means any document creatingor regulating time shares, excluding any law, ordinance, orgovernmental regulation.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-22
"Time share participant" defined
Sec. 22. "Time share participant" has the meaning set forth insection 12 of this chapter.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-23
"Unit" defined
Sec. 23. "Unit" means each portion of a time share project or eachcamping site that is designated for separate use.
As added by P.L.2-2002, SEC.17.