The Vacation Ownership and Time-share Act ofTime-share Plan Requirements
Section § 11250
This law states that time-share plans can be set up in any place unless there's a rule against it. Each time-share plan must make sure there's a balance between the number of people who can use it and the number of places available each night. In other words, for every night of the year, the number of eligible users shouldn't be more than the places available. Buyers who owe money but haven't paid are still counted in this balance. Each buyer is counted once, and the number of uses for each place can’t go over the number of days in the year.
Section § 11251
If you're developing a time-share property, you need to record certain legal documents before selling any time-share interests. For properties within the state, you must cover aspects like how owners share property costs, have insurance, and what happens in damage situations. Rules for how to deal with owner payments and organizing the owners are necessary too. For properties outside the state, similar requirements must be followed, but local laws take precedence if there's a conflict. Also, developers have to explain services for owners, control transfer procedures, and how owners can view financial reports. If a conflict arises between state laws, the local property laws will apply.
Section § 11252
This law says that a developer offering time-share interests can't place restrictions on the accommodations that would negatively impact the buyers’ rights to use them, unless over half of the time-share owners, who aren't the developer, agree in writing. However, the developer can still impose certain restrictions as long as they provide appropriate protections under another rule.
Section § 11253
This law requires time-share plans in California to have certain insurance protections in place for the benefit of the time-share interest owners. Specifically, it mandates that property damage insurance must cover at least 80% of the property's full replacement value against fire and other hazards. Liability insurance, covering up to $1 million for personal injury and at least $100,000 for property damage, is also required to protect against incidents arising from the use or maintenance of the property. Additionally, the insurance policies need to include provisions to ensure time-share owners are protected, and certain technicalities—like an owner's actions—shouldn't affect others' coverage.
Section § 11254
This section deals with the process of transferring ownership of property in a time-share setup. It requires that when a time-share includes property ownership, the property must be officially transferred to the association or a trustee before anyone buys a time-share interest. It also allows developers to reserve certain rights on the property for business purposes, as long as these activities don't significantly interfere with the time-share owners' enjoyment of their properties.
Section § 11255
If you're buying a time-share in California, this law ensures your rights are protected. Before the first sale, the property accommodations must be transferred to a trustee or association. If the accommodations are free of major debts, except current property taxes, the organization must meet certain rules, like not changing agreements without member approval and rightly distributing any insurance money. For properties with existing debts, 150% of the debt value must be kept safe in contracts or notes. The law also obliges enough money be set aside to cover three months of debt service. These rules protect buyers and make sure funds are managed properly, especially in cases of debt. Also, the trust cannot be changed or ended while any owner has a right to stay in their time-share.
Section § 11256
This law focuses on the rules a developer must follow when selling or leasing time-share interests. If the sale doesn't close by a specified date, the developer must refund all the money to the buyer unless certain exceptions apply. The contract can allow certain expenses to be deducted from the buyer's money for services like credit reports or escrow, but these must be clearly listed. If a buyer doesn't follow through with the purchase, any penalty fees must conform to other specified laws and can only be determined by a court or agreed arbitration. The contract may also include a process where money can be given to the developer as a penalty if the buyer doesn't object in writing within 20 days when notified that the developer wants the money. If the developer has used the buyer's money pending the completion of the deal, they must return it to escrow if the buyer fails to complete the purchase.