reglab/housing_qa huggingface dataset:
WV Code § 36-8A-7 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8A. Unclaimed Stolen Property Held by Law-Enforcement Agencies|§36-8A-7. Immunity of Law-Enforcement Agencies

If a law-enforcement agency delivers, sells or donates any item of unclaimed stolen property in good faith and in accordance with the provisions of this article, the law-enforcement agency and its chief executive, officers and employees involved in the delivery, sale or donation shall be immune from any subsequent claim of a person who purports to be the true owner of the item and who did not claim the item prior to the delivery, sale or donation.
WV Code § 36-9-1 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-1. Short Title

This article shall be known and may be cited as the "West Virginia time-sharing act."
WV Code § 36-9-2 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-2. Purposes

The purposes of this article are to:(a) Give statutory recognition to real property time- sharing in the state;(b) Establish procedures for the creation, sale and operation of time-sharing plans; and(c) Require every time-sharing plan offered for sale or created and existing in this state to be subjected to the provisions of this article.
WV Code § 36-9-3 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-3. Scope

(a) This article applies only to time-sharing plans consisting of more than seven time-sharing periods other than condominium fee ownership time-sharing plans, except that sections six, ten, eleven, twelve, thirteen, seventeen, twenty, twenty-one, twenty-three, twenty-four, twenty-five and twenty-six of this article shall apply to all time-sharing plans.(b) All time-sharing accommodations or facilities which are located outside the state but offered for sale in this state shall be subject to all of the provisions of this article except sections eleven through sixteen and twenty through twenty-two.(c) Notwithstanding other provisions of this article, either expressed or implied, to the contrary, it is the legislative intent that nothing herein be deemed to alter the existing procedure for the assessment and collection of ad valorem taxes on accommodations or facilities subject to a time-sharing plan.
WV Code § 36-9-4 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-4. Definitions

As used in this article:(a) "Accommodations" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or any other private or commercial structure which is situated on real property and designed for occupancy by one or more individuals;(b) "Assessment" means the share of funds required for the payment of common expenses which is assessed from time to time against each purchaser by the managing entity;(c) "Common expenses" means those expenses properly incurred for the maintenance, operation and repair of all accommodations or facilities, or both, constituting the time- sharing plan;(d) "Contract" means any agreement conferring the rights and obligations of the time-sharing plan on the purchaser;(e) "Developer" means the person creating a time-sharing plan;(f) "Division" means the division of land sales and condominiums in the office of the State Auditor;(g) "Facilities" means any structure, service, improvement or real property, improved or unimproved, which is made available to the purchasers of a time-sharing plan;(h) "Managing entity" means the person responsible for operating and maintaining the time-sharing plan;(i) "Offer to sell,""offer for sale,""offered for sale" or "offer" means solicitation of purchasers, the taking of reservations or any other method whereby a purchaser is offered the opportunity to participate in a time- sharing plan;(j) "Owners' association" means the association made up of all purchasers of a time-sharing plan who have purchased a fee simple interest in real property;(k) "Purchaser" means any person who is buying or who has bought a time-share period in a time-sharing plan;(l) "Seller" means any developer or any other person, or agent or employee thereof, who is offering time-share periods for sale to the public in the ordinary course of business, except a person who has acquired a time-share period for his own occupancy and later offers it for resale;(m) "Time-share period" means that period of time when a purchaser of a time-sharing plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-sharing plan;(n) "Time-sharing plan" means any arrangement, plan, scheme or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license or right-to-use agreement or by any other means, whereby a purchaser, in exchange for a consideration receives a right to use accommodations or facilities, or both, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than three years; and(o) "Time-share unit" means an accommodation or facility of a time-sharing plan which is divided into time-share periods.
WV Code § 36-9-9 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-9. Cancellation

No seller shall:(a) Fail to honor the request of a purchaser to cancel a contract made between the seller and purchaser pertaining to the sale of a time-sharing plan if the request is made as provided in the contract;(b) Misrepresent in any manner the purchaser's right to cancel;(c) Fail to refund all payments made by the purchaser under the contract and return all negotiable instruments, other than checks, executed by the purchaser in connection with the contract within twenty days from receipt of the notice of cancellation transmitted to the seller from the purchaser, if the purchaser has received no benefits under the contract; and(d) Fail to refund all payments made by the purchaser under the contract which exceed a pro rata portion of the total price representing the proportion of any contract benefits actually received by the purchaser during the time preceding the date when cancellation becomes effective, within twenty days from receipt of the purchaser's notice of cancellation, if the purchaser has received benefits under the time-sharing plan.
WV Code § 36-9-11 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-11. Recordkeeping by Seller

Each seller of a time-sharing plan shall maintain among its business records the following:(a) A copy of each contract for the sale of a time-share period, which contract has not been canceled. If fee title is being conveyed, the seller is required to retain a copy of the contract only until a deed of conveyance is recorded in the office of the clerk of the county commission in the county wherein the plan is located; and(b) A list of all salespersons of the seller and their last known addresses. The names and addresses of such salespersons whose employments terminate shall be retained for three years after termination of employment. If the seller has a contract with any entity not owned or controlled by the seller for the sale of the time-sharing plan, that entity shall be responsible for maintaining a record of current employees involved in the sale of the time-sharing plan and a record of any former employees involved in the sale of such plan within the previous three years.
WV Code § 36-9-12 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-12. Management

(a) Before the first sale of a time-share period, the developer shall create or provide for a managing entity, which may be the developer, a separate management firm or an owners' association, or some combination thereof.(b) The managing entity shall act in the capacity of a fiduciary to the purchasers of the time-sharing plan.(c) The duties of the managing entity shall include, but are not limited to:(1) Management and maintenance of all accommodations and facilities constituting the time-sharing plan;(2) Collection of all assessments for common expenses;(3) Providing each year to all purchasers an itemized annual budget, which shall include all receipts and expenditures;(4) Maintenance of all books and records concerning the time-sharing plan on the premises of the accommodations or facilities of such plan and making all such books and records reasonably available for inspection by any purchaser or the authorized agent of such purchaser;(5) Arranging for an annual independent audit to be conducted of all the books and financial records of the time- sharing plan by a certified public accountant in accordance with the standards of the accounting standards board of the American institute of certified public accountants. A copy of the audit shall be forwarded to the officers of the owners' association; or, if no association exists, the owner of each time-share period shall be notified that such audit is available upon request;(6) Making available for inspection by the division any books and records of the time-sharing plan, upon the request of the division;(7) Scheduling occupancy of the time-share units, when purchasers are not entitled to use specific time-share periods, so that all purchasers will be provided the use and possession of the accommodations and facilities of the time- sharing plan which they have purchased; and(8) Performing any other functions and duties which are necessary and proper to maintain the accommodations or facilities as provided in the contract and as advertised.(d) Any managing entity, or employee or agent thereof, who willfully misappropriates the property or funds of a time- sharing plan is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than five years.
WV Code § 36-9-13 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-13. Discharge of Managing Entity

(a) If a fee simple interest in real property is being sold to purchasers of a time-sharing plan, the contract retaining a managing entity shall be automatically renewable every three years, beginning with the third year after the managing entity is first created or provided for the time- sharing plan, unless the purchasers vote to discharge the managing entity. Such a vote shall be conducted by the board of the owners' association. The managing entity shall be discharged if at least sixty-six percent of the purchasers voting, which shall be at least fifty percent of all votes allocated to purchasers, vote to discharge the managing entity.(b) In the event the managing entity is discharged, the board of the owners' association shall be responsible for obtaining another managing entity.(c) The managing entity of a condominium time-sharing plan may be discharged in the same manner.
WV Code § 36-9-14 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-14. Assessment of Common Expenses

(a) Until a managing entity is created or provided, the developer shall pay all common expenses.(b) After the creation or provision of a managing entity, the managing entity shall make an annual assessment against each purchaser for the payment of common expenses, based on the projected annual budget, in the amount specified by the contract between the seller and the purchaser. The seller shall be assessed for the share of common expenses allocated to all time-share periods still owned by the seller at the time such assessment is made, unless the seller guarantees all common expenses of the time- share plan pursuant to the provisions of the contract or until the time control is turned over to the purchasers.(c) Past-due assessments may bear interest at the legal rate or at some lesser rate established by the managing entity.(d) Unless otherwise specified in the contract between the seller and the purchaser, any common expenses benefiting fewer than all purchasers shall be assessed only against those purchasers benefited.(e) Any assessments for common expenses which have not been spent for common expenses during the year for which such assessments were made shall be shown as an item on the annual budget.
WV Code § 36-9-15 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-15. Liens for Overdue Assessments; Mechanic’s Liens, Insurance

(a) The managing entity has a lien on a timeshare period for any assessment levied against that timeshare period from the date such assessment becomes due.(b) The managing entity may bring an action in its name to foreclose a lien for assessments, in the manner a mortgage of real property is foreclosed.(c) The managing entity may cause a trustee sale of the timeshare estate if the owner is delinquent to the managing entity for more than one year for assessments against the timeshare estate: Provided, That a trustee sale shall be effectuated as provided in section fifteen-a, article nine, chapter thirty-six of this code.(d) In addition to the remedies in subsections (b) and (c) of this section, the managing entity may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. However, in the case of a timesharing plan in which no interest in real property is conveyed, the managing entity may bring an action under chapter forty-six of this code. (e) The lien is effective from the date of recording a claim of lien in the public records of the county or counties in which the accommodations or facilities constituting the timesharing plan are located. The claim of lien shall state the name of the timesharing plan and identify the timeshare period for which the lien is effective, state the name of the purchaser, state the assessment amount due and state the due dates. The lien is effective until satisfied or until barred by law. The claim of lien may include only assessments which are due when the claim is recorded. A claim of lien shall be signed and acknowledged by an officer or agent of the managing entity. Upon full payment, the person making the payment is entitled to a satisfaction of the lien. (f) A judgment in any action or suit brought under this section shall include costs and reasonable attorney’s fees for the prevailing party. (g) Labor performed on a unit, or materials furnished to a unit, shall not be the basis for the filing of a lien pursuant to the mechanic’s lien law against the timeshare unit of any timeshare period owner not expressly consenting to or requesting the labor or materials. (h) The seller, initially, and thereafter the managing entity, shall be responsible for obtaining insurance to protect the accommodations and facilities of the timesharing plan in an amount equal to the replacement cost of such accommodations and facilities. (i) Notwithstanding any provision in this article, the lien granted pursuant to this section shall not have priority over any voluntarily granted lien or security interest in the timeshare estate.(j) A copy of each policy of insurance in effect shall be made available for reasonable inspection by purchasers and their authorized agents.
WV Code § 36-9-16 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-16. Transfer of Seller's Interest to Third Party

No seller shall sell, lease, assign, mortgage or otherwise transfer the seller's interest in the accommodations or facilities of a time-sharing plan to a third party, unless:(a) The third party agrees in writing to honor fully the rights of purchasers of the time-sharing plan to occupy and use the accommodations or facilities;(b) The third party agrees in writing to honor fully the rights of purchasers of the time-sharing plan to cancel their contracts and receive appropriate refunds, as provided in this article;(c) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-sharing plan or for as long as purchasers of the time-sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time;(d) The third party agrees to assume all obligations of the seller to purchasers; and(e) Notice is mailed to each purchaser of the time-sharing plan affected thereby within thirty days of the sale, lease, assignment or other transfer.Persons who hold mortgages on the property constituting a time-sharing plan before the public offering statement of such plan is approved by the division shall not be considered third parties for the purposes of this section.
WV Code § 36-9-18 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-18. License Required to Sell

Any seller of a time-sharing plan shall be a licensed real estate salesman, broker, or broker-salesman, pursuant to chapter forty-seven of the code or its successor, and shall be subject to all of the provisions of that article. This section shall not apply to those individuals who are exempt from chapter forty-seven of the code or to those time-sharing plans which are registered with the securities and exchange commission.
WV Code § 36-9-19 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-19. Purchaser's Remedies

An action for damages or injunctive or declaratory relief for a violation of this article may be brought by any purchaser or association of purchasers against the developer, a seller or the managing entity. The prevailing party in any such action may be entitled to reasonable attorney's fees. Relief under this section does not exclude any other remedies provided by law.
WV Code § 36-9-20 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-20. Partition

No action for partition of any time-share unit shall lie, unless otherwise provided for in the contract between the seller and the purchaser.
WV Code § 36-9-21 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-21. Securities

Time-sharing plans are not securities under the provisions of this code.
WV Code § 36-9-22 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-22. Zoning and Building

All laws, ordinances and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of the real estate time- sharing plan property, without regard to the form of ownership.
WV Code § 36-9-24 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-24. Annual Fee for Each Time-Share Period in Plan

On or before July 1, of each year, each managing entity shall collect as a common expense and pay to the division an annual fee of 50¢ for each time- share period within the time-sharing plan.
WV Code § 36-9-25 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-25. West Virginia Real Estate Time-Sharing Trust Fund

There is created within the State Treasury the West Virginia real estate time-sharing trust fund to be used for the administration and operation of this article by the division. All funds collected by the division and any amounts paid as fees or penalties under this article shall be deposited in the State Treasury to the credit of the trust fund created by this section.
WV Code § 36-9-26 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 9. West Virginia Real Estate Time-Sharing Act|§36-9-26. Taxation

For purposes of local real property taxation, each time-sharing unit, other than an unit operated for time- share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.
WV Code § 36-10-1 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 10. Uniform Transfer on Death Security Registration Act|§36-10-1. Definitions

In this article, unless the context otherwise requires:(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.(2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.(3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.(4) "Person" means an individual, a corporation, an organization or other legal entity.(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.(6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.(7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.(8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.(9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.(10) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.(11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
WV Code § 36-10-2 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 10. Uniform Transfer on Death Security Registration Act|§36-10-2. Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.