The Vacation Ownership and Time-share Act ofPowers, Investigation, and Enforcement

Section § 11280

Explanation

This law says that only the state has the power to manage time-share plans and exchange programs. Local governments can’t make their own rules for these. However, it doesn't change or override existing zoning, subdivision, or building codes or other real estate laws.

(a)CA Business & Professions Code § 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. A unit of local government may not regulate time-share plans or exchange programs.
(b)CA Business & Professions Code § 11280(b) Notwithstanding subdivision (a), no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, or building code or other real estate use law, ordinance, or regulation.
time-share plans exchange programs state regulation ...

Section § 11281

Explanation

This law allows a commissioner to create, change, or get rid of forms and rules to fulfill the goals set by the Legislature. Any official documents they issue must be in writing and follow the procedures outlined in the Administrative Procedure Act.

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. These forms and regulations and any order, permit, decision, demand, or requirement issued by the commissioner shall be in writing and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
commissioner authority forms and regulations Legislature intent ...

Section § 11282

Explanation
The commissioner has the authority to look into the actions or qualifications of anyone who holds or claims to have a public report as per this chapter.
The commissioner may investigate the actions or qualifications of any person or persons holding or claiming to hold a public report under this chapter.
commissioner authority investigate actions public report holders ...

Section § 11283

Explanation

If the commissioner finds that someone has broken certain rules related to selling time-shares, either by violating laws, making false promises, or failing to update important information, they can order the person to stop until the issue is fixed. Once they get this order, they have to stop right away. However, they can fight the order by asking for a hearing within 30 days. If the hearing doesn't start in time or the decision isn't made quickly enough, the order will be canceled. There are specific ways, similar to serving legal papers, to notify the person about the order.

(a)CA Business & Professions Code § 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 and refrain from those acts and omissions or from the further sale or lease of interests in the time-share plan until the condition has been corrected:
(1)CA Business & Professions Code § 11283(a)(1) The person has violated or caused the violation of any provision of this chapter or the regulations pertaining thereto.
(2)CA Business & Professions Code § 11283(a)(2) The person has violated or caused a violation of Section 17537, 17537.1, 17537.2, or 17539.1, in advertising or promoting the sale of time-share interests.
(3)CA Business & Professions Code § 11283(a)(3) The person has failed to fulfill representations or assurances with respect to the time-share plan or the time-share offering upon which the department relied in issuing a public report.
(4)CA Business & Professions Code § 11283(a)(4) The person has failed to inform the department of material changes that have occurred in the time-share or time-share offering that have caused the public report to be misleading or inaccurate or which would have caused the department to deny a public report if the conditions had existed at the time of issuance.
(b)CA Business & Professions Code § 11283(b) Upon receipt of such an order, the person or persons to whom the order is directed shall immediately discontinue activities in accordance with the terms of the order.
(c)CA Business & Professions Code § 11283(c) Any person to whom the order is directed may, within 30 days after service thereof upon him or her, file with the commissioner a written request for hearing to contest the order. The commissioner shall, after receipt of a request for hearing, assign the matter to the Office of Administrative Hearings to conduct a hearing for findings of fact and determinations of the issues set forth in the order. If the hearing is not commenced within 15 days after receipt of the request for hearing, or on the date to which continued with the agreement of the person requesting the hearing, or if the decision of the commissioner is not rendered within 30 days after completion of the hearing, the order shall be deemed to be vacated.
(d)CA Business & Professions Code § 11283(d) Service and proof of service of an order issued by the commissioner pursuant to this section may be made in a manner and upon those persons as prescribed for the service of summons in Article 3 (commencing with Section 415.10), Article 4 (commencing with Section 416.10), and Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
commissioner time-share plan violation ...

Section § 11284

Explanation

This section allows a government official, often referred to as the commissioner, to make agreements with people or companies that are registered or applying for a license if there are disciplinary issues. These agreements, called consent orders, can include various types of discipline. The orders must be voluntary and not forced by the commissioner. The commissioner must quickly decide whether to accept or reject these agreements by signing them.

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 3 of Title 2 of the Government Code), the commissioner may negotiate agreements with registrants and applicants resulting in disciplinary consent orders. The consent order may provide for any form of discipline provided for in this chapter. The consent order shall provide that it is not entered into as a result of any coercion by the commissioner. The consent order shall be accepted by signature or rejected by the commissioner in a timely manner.
consent order agreements disciplinary consent orders negotiated agreements ...

Section § 11285

Explanation

If you own a time-share or are part of an association, you can sue for damages or seek a court order if the developer or any involved party breaks the rules of this chapter. You can also pursue other legal options available by law.

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 against the developer, seller, or marketer of time-share interests, an escrow agent, or the managing entity. Relief under this section does not exclude other remedies provided by law.
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Section § 11286

Explanation

This law makes it illegal for someone to create, share, or distribute a public report that they know is fake or altered. If someone breaks this law, they could face a fine of up to $10,000, time in jail, or both. Additionally, this penalty is not the only punishment available; other legal consequences may also apply.

(a)CA Business & Professions Code § 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 counterfeit, knowing it to be forged, altered, false, or counterfeit or to cause to be made or participate in the making, issuance, delivery, transfer, or publication of a public report with knowledge that it is forged, altered, false, or counterfeit.
(b)CA Business & Professions Code § 11286(b) Any person who violates subdivision (a) is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
(c)CA Business & Professions Code § 11286(c) The penalty provided by this section is not an exclusive penalty, and does not affect any other penalty, relief, or remedy provided by law.
forged public report false document counterfeit report ...

Section § 11287

Explanation

If someone breaks certain specific rules listed under different sections, they can be fined up to $10,000, face up to a year in county jail, or both.

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 dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail not exceeding one year, or by both the fine and imprisonment.
public offense fine up to $10 000 ...

Section § 11288

Explanation

This part of the Business and Professions Code became effective on July 1, 2005.

This chapter shall take effect on July 1, 2005.
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