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Business and Professions Code - BPC - BPC § 11250
Business and Professions Code - BPC - BPC § 11250
A time-share plan may be created in any accommodation unless otherwise prohibited. All time-share plans shall maintain a one-to-one purchaser to accommodation ratio, which means the ratio of the number of purchasers eligible to use the accommodations of a time-share plan on a giv
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Business and Professions Code - BPC - BPC § 11251
Business and Professions Code - BPC - BPC § 11251
(a) The developer of a single site time-share plan and for the component sites of a multisite time-share plan located in the state, shall cause to be recorded prior to the closing of the first sale of a time-share interest in each accommodation in the time-share plan, covenants d
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Business and Professions Code - BPC - BPC § 11252
Business and Professions Code - BPC - BPC § 11252
In a time-share plan offering time-share use interests, the developer shall not encumber the accommodations of the time-share plan in a manner that could materially and adversely affect the use rights of the purchasers of the accommodations without the written assent of not less
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Business and Professions Code - BPC - BPC § 11253
Business and Professions Code - BPC - BPC § 11253
For single site time-share plans and component sites of multisite time-share plans located in this state, the time-share instrument shall require that the following insurance be at all times maintained in force to protect time-share interest owners in the time-share plan: (a) Ins
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Business and Professions Code - BPC - BPC § 11254
Business and Professions Code - BPC - BPC § 11254
(a) In a time-share plan in which the fee or a long-term leasehold interest in all or some of the accommodations and in appurtenant real and personal property is to be transferred to the association or to a corporate trustee under a trust agreement, the conveyance shall be made p
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Business and Professions Code - BPC - BPC § 11255
Business and Professions Code - BPC - BPC § 11255
(a) The department shall require that each of the accommodations in a time-share plan offering time-share use interests be conveyed to a trustee or an association acceptable to the commissioner prior to the closing of the escrow for the first sale of a time-share use interest tha
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Business and Professions Code - BPC - BPC § 11256
Business and Professions Code - BPC - BPC § 11256
(a) The contract proposed to be used by a developer applying for a public report for the sale or lease of time-share interests shall provide that if the escrow for sale or lease of a time-share interest does not close on or before the date set forth in the contract, or a later cl
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Business and Professions Code - BPC - BPC § 11265
Business and Professions Code - BPC - BPC § 11265
(a) For single site time-share plans and component sites of a specific time-share interest multisite time-share plan, the following requirements apply: (1) Except as provided in paragraph (2), regular assessments to defray the expenses of maintaining the time-share property and o
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Business and Professions Code - BPC - BPC § 11265.1
Business and Professions Code - BPC - BPC § 11265.1
(a) Regular and special assessments levied pursuant to the time-share instrument are delinquent 30 days after they become due, unless the time-share instrument provides a longer time period, in which case the longer time period shall apply. If an assessment is delinquent, the ass
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Business and Professions Code - BPC - BPC § 11266
Business and Professions Code - BPC - BPC § 11266
(a) An amendment of a provision of the declaration or other document establishing the time-share plan may not be adopted without the vote or written assent of at least 25 percent of the voting power of the association residing in members other than the developer. (b) An amendment
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Business and Professions Code - BPC - BPC § 11267
Business and Professions Code - BPC - BPC § 11267
(a) The time-share instruments shall require the use of a managing entity for the time-share plan or component site pursuant to a written management agreement that shall include all of the following provisions: (1) Delegation of authority to the managing entity to carry out the d
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Business and Professions Code - BPC - BPC § 11268
Business and Professions Code - BPC - BPC § 11268
(a) Unless impracticable because of the number of members of the association, their places of residence in relation to each other, the international nature of the offering, or other factors, provision shall be made for regular meetings of members of the association of time-share
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Business and Professions Code - BPC - BPC § 11269
Business and Professions Code - BPC - BPC § 11269
(a) A member of an association including associations that provide for unequal assessments against members, shall be entitled to one vote for each time-share interest owned. (b) An association may have two classes of members for voting purposes according to the following provisio
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Business and Professions Code - BPC - BPC § 11270
Business and Professions Code - BPC - BPC § 11270
(a) The governing body shall consist of three directors for an association that does not contemplate more than 100 members and either five or seven directors for an association that contemplates more than 100 members. (b) (1) The first governing body shall consist of directors ap
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Business and Professions Code - BPC - BPC § 11271
Business and Professions Code - BPC - BPC § 11271
(a) Regular meetings of the governing body of the association shall be held as prescribed in the bylaws, but not less frequently than annually. (b) (1) Regular and special meetings of the governing body shall be held in or near the location of the time-share plan unless a meeting
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Business and Professions Code - BPC - BPC § 11272
Business and Professions Code - BPC - BPC § 11272
(a) The following information concerning the time-share plan shall be made available to all time-share interest owners in the time-share plan: (1) A proposed budget for each fiscal year consisting of the information required by Section 11240 shall be distributed not less than 15
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Business and Professions Code - BPC - BPC § 11273
Business and Professions Code - BPC - BPC § 11273
(a) The books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representa
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Business and Professions Code - BPC - BPC § 11274
Business and Professions Code - BPC - BPC § 11274
(a) The association shall not be authorized to cause the absolute forfeiture of a time-share interest owner’s right, title, or interest in the time-share plan on account of the time-share interest owner’s failure to comply with provisions of the time-share instrument or the rules
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Business and Professions Code - BPC - BPC § 11275
Business and Professions Code - BPC - BPC § 11275
(a) Any contractual provision or other provision in the time-share instruments implemented after July 1, 2005, setting forth terms, conditions, and procedures for resolution of a dispute or claim between a time-share interest owner and a developer, or any provision in the time-sh
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Business and Professions Code - BPC - BPC § 11280
Business and Professions Code - BPC - BPC § 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) Notwithstanding subdivision (a), n
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Business and Professions Code - BPC - BPC § 11281
Business and Professions Code - BPC - BPC § 11281
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
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Business and Professions Code - BPC - BPC § 11282
Business and Professions Code - BPC - BPC § 11282
The commissioner may investigate the actions or qualifications of any person or persons holding or claiming to hold a public report under this chapter.
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Business and Professions Code - BPC - BPC § 11283
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 11284
Business and Professions Code - BPC - BPC § 11284
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
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Business and Professions Code - BPC - BPC § 11285
Business and Professions Code - BPC - BPC § 11285
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 t