Chapter 119A - Time Shares
- ENFORCEMENT OF CHAPTER
- 119A.652 - Inspections by Division; penalty for failure to cooperate; regulations.
- 119A.653 - Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.
- 119A.654 - Disciplinary action against developer.
- 119A.655 - Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Complaint; hearing; notice.
- 119A.656 - Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Answer; limitation on proceeding.
- 119A.657 - Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Decision of hearing officer.
- 119A.658 - Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Appeal of decision of hearing officer.
- 119A.659 - Expiration, revocation or surrender of license or permit does not prohibit disciplinary action against holder thereof.
- 119A.660 - Enforcement of chapter and protection of purchasers by Administrator.
- 119A.665 - Appointment of receiver.
- 119A.670 - Action by Real Estate Commission against project broker.
- 119A.675 - Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization; procedure for imposition of fine; judicial review; exceptions.
- GENERAL PROVISIONS
- 119A.010 - Definitions.
- 119A.020 - “Administrator” defined.
- 119A.030 - “Affiliate of the developer” defined.
- 119A.031 - “Affiliate of the manager” defined.
- 119A.032 - “Association” defined.
- 119A.033 - “Blanket encumbrance” defined.
- 119A.034 - “Board” defined.
- 119A.036 - “Common area” defined.
- 119A.040 - “Developer” defined.
- 119A.041 - “Developer’s reserved rights” defined.
- 119A.050 - “Division” defined.
- 119A.052 - “Limited common area” defined.
- 119A.054 - “Manager” defined.
- 119A.056 - “Owner” defined.
- 119A.058 - “Permanent identifying number” defined.
- 119A.060 - “Permit” defined.
- 119A.070 - “Person” defined.
- 119A.080 - “Project” defined.
- 119A.090 - “Project broker” defined.
- 119A.100 - “Public offering statement” defined.
- 119A.110 - “Purchaser” defined.
- 119A.120 - “Representative” defined.
- 119A.130 - “Sales agent” defined.
- 119A.140 - “Time share” defined.
- 119A.150 - “Time-share instrument” defined.
- 119A.152 - “Time-share plan” defined.
- 119A.153 - “Time-share resale” defined.
- 119A.156 - “Time-share resale broker” defined.
- 119A.160 - “Unit” defined.
- 119A.170 - Applicability of this chapter and chapter 645
- 119A.172 - Applicability of provisions relating to real estate brokers and sales agents to certain owners who refer prospective purchasers to developer or employee or agent of developer.
- 119A.174 - Applicability of local ordinances, regulations and building codes.
- 119A.180 - Classification of interest of purchaser.
- 119A.190 - Regulations; professional consultants.
- 119A.195 - Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.
- HEARINGS
- LICENSES AND PERMITS
- 119A.210 - Sales agents: Qualifications; fees; fingerprinting; exemptions from licensing; expiration and renewal of licenses; continuing education. [Effective until the date of the repeal of the feder
- 119A.220 - Sales agents: Association with project broker.
- 119A.230 - Sales agents: Disciplinary actions.
- 119A.233 - Provisional sales agents: Qualifications; employment with project broker.
- 119A.235 - Provisional sales agents: Expiration of licenses; application to work for new project broker; termination of employment; denial of application for license.
- 119A.237 - Provisional sales agents: Restrictions; duties of project broker or designee of project broker; commissions.
- 119A.240 - Representatives: Qualifications for registration. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and res
- 119A.250 - Representatives: Expiration, renewal, reinstatement and transfer of registration. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for
- 119A.260 - Representatives: Prohibited acts; compliance with standards applied to real estate brokers and salespersons.
- 119A.263 - Payment of child support: Statement by applicant for sales agent’s license or registration as representative or manager; grounds for denial of license or registration; duty of Administrator
- 119A.266 - Suspension of sales agent’s license or registration as representative or manager for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of suspended li
- 119A.270 - Developers: Prohibited acts.
- 119A.280 - Developers: Order to cease; hearing; agreement in lieu of order.
- 119A.290 - Preliminary permits.
- 119A.300 - Requirements for issuance of public offering statement and permit.
- 119A.305 - Terms and conditions of supporting documents: Description in public offering statement; conditions of permit.
- 119A.310 - Grounds for denial of permit; burden of proof.
- 119A.320 - Period for action on application.
- 119A.330 - Hearing on denial of application; expiration of order of denial.
- 119A.340 - Issuance of permit before completion of project.
- 119A.350 - Investigation of applicants; expenses.
- 119A.355 - Renewal of permit.
- 119A.357 - Requirement to notify Division in writing of certain convictions.
- 119A.358 - Creation and maintenance of website through which licenses, permits or registrations may be renewed; fees.
- 119A.360 - Fees.
- 119A.365 - Disciplinary action for failure to pay money to Division.
- MANAGEMENT OF TIME-SHARE PROJECT
- 119A.520 - Members of association for time-share plan; incorporation of association; proxies.
- 119A.522 - Period of developer’s control of association; representation of owners on board.
- 119A.524 - Reserved rights of developer.
- 119A.525 - Relocation of certain time shares by developer; conditions of relocation; recordation.
- 119A.526 - Quorum.
- 119A.528 - Removal of member of board; indemnification and defense of member of board.
- 119A.530 - Written agreement for management of time-share plan and project; disclosure of annual revenue received by manager.
- 119A.532 - Registration of managers; form for registration; fee. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and
- 119A.534 - Disclosure statement to be submitted by certain managers; regulations.
- 119A.540 - Annual budget; assessments for unsold time shares.
- 119A.542 - Conduct and contents of study of reserves; review of study and necessary adjustments to reserves by board; regulations.
- 119A.550 - Assessment upon time share; notice of assessment; liens; enforcement of liens.
- 119A.552 - Statement of unpaid assessments.
- 119A.560 - Power of sale; notice of sale.
- 119A.570 - Insurance.
- PROGRAMS FOR EXCHANGE OF OCCUPANCY RIGHTS
- RESALE OF TIME SHARES
- 119A.4771 - Registration and licensing of person listing, advertising, soliciting or promoting sale of 12 or more previously sold time shares on behalf of owner other than developer; exception.
- 119A.4773 - Filing of advertisement or offering required.
- 119A.4775 - Disclosure of certain information before resale; regulations.
- 119A.4777 - Requirements for agreement for resale of time share; reseller to provide copy of agreement to owner.
- RIGHTS OF OWNERS
- 119A.480 - Requirements if developer holds leasehold interest.
- 119A.490 - Filing of amendment of time-share instrument required.
- 119A.495 - Withdrawal of units from time-share plan; conditions of withdrawal; exceptions.
- 119A.497 - Relocation of boundaries between adjoining units.
- 119A.500 - Partition of unit.
- 119A.510 - Replacement or compensation if unit unavailable.
- SALE OF TIME SHARES
- 119A.370 - Filing of advertisement or offering.
- 119A.380 - Requirements for time-share instruments.
- 119A.385 - Description of time share.
- 119A.390 - Reservation to purchase time share.
- 119A.400 - Prospective purchasers to be provided with public offering statement and permit.
- 119A.410 - Right to cancel contract of sale.
- 119A.420 - Deposits to be placed in escrow.
- 119A.430 - Requirements for closing of escrow.
- 119A.450 - Provision in contract relieving purchaser of obligation upon foreclosure of lien against project; prohibition against sale or pledge of notes or contracts of sale by defaulting developer.
- 119A.460 - Requirements for trusts.
- 119A.470 - Conveyance of project to trustee before close of escrow for first sale.
- 119A.475 - Action by purchaser or Administrator for misrepresentation or other violation.
- UNLAWFUL ACTS
- 119A.680 - Acting as project broker, sales agent, representative, manager or time-share resale broker without license or registration.
- 119A.690 - Falsifying application; failure to submit annual report.
- 119A.700 - False or misleading advertising.
- 119A.702 - Restrictions on promotional material; completion of improvements portrayed in promotional material.
- 119A.710 - Unfair methods of competition; deceptive or unfair acts.