reglab/housing_qa huggingface dataset:
TX Prop § 221.083 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.083. Period of Developer Control

Sec. 221.083.  PERIOD OF DEVELOPER CONTROL.  (a)  Except as otherwise provided in this section, the project instrument may provide for a period of developer control of an association during which the developer, or a person designated by the developer, may appoint and remove board members and officers of the association.(b)  Regardless of the period of developer control provided in the project instrument, that period expires not later than the earlier of:(1)  the 120th day after the date that at least 95 percent of the timeshare interests that were created by the timeshare instrument are conveyed to owners other than the developer; or(2)  the fifth anniversary of the date the developer ceased to offer timeshare interests for sale in the ordinary course of business under the timeshare plan or under another timeshare plan in which the timeshare interests are included, whichever date is later.(c)  A developer may voluntarily surrender the developer's right to appoint and remove board members and officers of the association during the period of developer control by executing a written instrument stating that the developer's rights are surrendered and providing a copy of the instrument to the owners.  The developer may provide in the surrender instrument that, during the remaining period otherwise designated for developer control, specified actions of the association or board as described in the project instrument are effective only on approval of the developer.  The surrender instrument must be recorded in the real property records of the county in which the timeshare property is located.(d)  If the project instrument provides for a developer control period of shorter duration than any period prescribed by this section, the project instrument controls.(e)  During the period of developer control and subject to the project instrument, the developer may determine all matters governing the association, including the occurrence of special or regular meetings of the members and the notice requirements and rules for those meetings.(f)  This section applies to a timeshare plan created before September 1, 2013, and to the project instrument governing the timeshare property subject to the timeshare plan only if the developer and the association agree to the application in writing and the project instrument is amended to provide for that application.  If the conditions provided by this subsection are not satisfied, a timeshare plan created before September 1, 2013, and the timeshare property subject to the timeshare plan are governed by any developer control provisions provided in the project instrument, notwithstanding any other law.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.084 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.084. Election of Initial Board Members and Officers

Sec. 221.084.  ELECTION OF INITIAL BOARD MEMBERS AND OFFICERS.  (a)  Not later than the termination, by expiration or surrender, of any period of developer control, the owners, including the developer to the extent of any developer-owned timeshare interests, must elect a board of at least three members.  The board may include one or more representatives of the developer.(b)  The board shall elect the officers of the association.(c)  The board members and officers of the association take office on election.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.085 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.085. Removal of Board Members

Sec. 221.085.  REMOVAL OF BOARD MEMBERS.  Notwithstanding any provision of a project instrument to the contrary, the owners, by a vote of at least two-thirds of the voting rights of persons entitled to vote and voting in person or by proxy at any meeting of the owners, may remove a member of the board, with or without cause, other than a member appointed by the developer during the period of developer control under Section 221.083, provided that the developer remains in control of the association.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.086 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.086. Quorum

Sec. 221.086.  QUORUM.  (a)  Unless the project instrument provides for a larger quorum requirement, the percentage of voting interests constituting a quorum at a meeting of the members of an association is 10 percent of the voting interests of owners who are not delinquent in assessments, voting in person or by proxy.(b)  If a quorum is not present at any meeting of the association at which board members will be elected, the meeting may be adjourned and reconvened not later than the 90th day after the date of adjournment for the sole purpose of electing board members.  Unless the project instrument provides for a larger quorum requirement, the quorum for the reconvened meeting is 10 percent of the voting interests of owners who are not delinquent in assessments, voting in person or by proxy.(c)  Unless the project instrument provides otherwise, a quorum of the board is considered present throughout a board meeting if the members entitled to cast a majority of the votes are present at the beginning of the meeting.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.087 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.087. Votes

Sec. 221.087.  VOTES.  (a)  If only one of the multiple owners of a timeshare interest is present at a meeting of the association, that owner may cast all votes allocated to that timeshare interest.  If more than one of the multiple owners are present, the votes allocated to that timeshare interest may be cast only in accordance with the agreement of a majority of the timeshare interest held by the multiple owners unless the timeshare instrument expressly provides otherwise.  For purposes of this subsection, there is a majority agreement if any one of the multiple owners casts the votes allocated to that timeshare interest and no protest is made promptly to the person presiding over the meeting by any of the other owners of the timeshare interest.(b)  Votes allocated to a timeshare interest may be cast under a proxy duly executed by an owner.  A proxy must expressly state the dates of execution and termination.  An owner may only revoke a proxy given under this section by actual notice of revocation to the person presiding over a meeting of the association.  A proxy is revoked on presentation of a later dated proxy or other written revocation executed by the same owner.  A proxy terminates the 25th month after the date the proxy is executed, unless the proxy specifies a shorter period or states that the proxy is coupled with an interest and is irrevocable.(c)  The project instrument for a timeshare plan may authorize votes of members of an association to be cast by mail only if:(1)  mail ballots are mailed or sent to each member in the manner prescribed for a notice of a special meeting under Section 221.089;(2)  the period for return of mail ballots is not later than the 30th day after the date the ballots are mailed or sent to members; and(3)  the required minimum number of ballots that must be returned by members for the vote to be effective represents at least the percentage of voting interests required for a quorum as prescribed by Section 221.086(a).(d)  Only timeshare interests included in the timeshare plan have voting rights.(e)  Unless the project instrument provides otherwise, owners who are delinquent in assessments do not have the right to cast a vote.  The right to cast a vote is also subject to any additional limitations provided in the project instrument.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.088 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.088. Open Meetings; Exceptions

Sec. 221.088.  OPEN MEETINGS; EXCEPTIONS.  (a)  Notwithstanding any provision in the project instrument to the contrary and except as provided in this section, after the period of developer control under Section 221.083, all meetings of the association and board are open to all members of the association and all members must be permitted to attend and listen to the deliberations and proceedings.  Meetings must be conducted as provided in the project instrument.  The board may adjourn a board meeting and reconvene in a closed executive session to consider:(1)  legal advice from an attorney for the board or the association;(2)  pending or contemplated litigation;(3)  financial information about an individual member of the association, an individual employee of the association, an individual employee of the managing entity, or an individual employee of a contractor for the association or managing entity; or(4)  matters relating to the job performance of, compensation of, health records of, or specific complaints against an individual employee of the association, an individual employee of the managing entity, or an individual employee of a contractor of the association or managing entity who works under the direction of the association or the managing entity.(b)  If a board meeting is closed as provided by Subsection (a)(1) or (2), the board, on final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, may disclose information about that matter in an open meeting, except to the extent that those matters are required to remain confidential by the terms of a settlement agreement or judgment.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.089 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter I. Timeshare Owners' Associations|Section 221.089. Notice

Sec. 221.089.  NOTICE.  (a)  A meeting of the members of the association must be held annually after the termination of the period of developer control under Section 221.083.  Special meetings of the members of the association may be called by the president, by a majority of the board, or by owners having at least 25 percent of the votes allocated to timeshare interests in the association or any lower percentage specified in the project instrument.(b)  Unless the project instrument provides otherwise, the association or managing entity must send notice of the meeting to the mailing address of each owner on record with the association:(1)  not later than the 30th day or earlier than the 90th day before the date of an annual meeting; and(2)  not later than the 10th day or earlier than the 60th day before the date of a special meeting.(c)  The notice of a meeting of the owners must state the date, time, and place of the meeting.  The notice of a special meeting of the owners must also state the purpose of the meeting.  A notice of a meeting may be included in a list of upcoming meetings sent to owners, and the list is not required to be specific to one meeting.  The failure of an owner to receive actual notice of a meeting of the owners does not affect the validity of any action taken at that meeting.(d)  Unless the project instrument provides otherwise, the association or managing entity must send notice of a board meeting held after the date the developer control period terminates to the mailing address of each owner on record with the association not later than the 10th day before the date of the meeting.  Notice to owners of a board meeting is not required if emergency circumstances require action by the board before notice can be given.  A notice of a board meeting must state the date, time, and place of the meeting.  A notice of a meeting may be included in a list of upcoming meetings sent to owners, and the list is not required to be specific to one meeting.  The failure of an owner to receive actual notice of a board meeting does not affect the validity of any action taken at that meeting.(e)  A notice may be provided in a newsletter or a similar mailing.  Notice may be provided by prepaid United States mail, e-mail for those owners who have provided an e-mail address, or any other reasonable method selected by the board.(f)  Notwithstanding Subsections (a)-(d) or any other law related to notice by an association, a notice to an owner may be provided by conspicuous disclosure on the association's website if the owner has consented to that alternative notice.  Consent to that alternative notice must be in writing and may be revoked by the owner at any time.(g)  An affidavit of notice by an officer of the association or the managing entity is prima facie evidence that notice was provided under this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.|
TX Prop § 221.101 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.101. Transfer or Termination of Timeshare Interest

Sec. 221.101.  TRANSFER OR TERMINATION OF TIMESHARE INTEREST.  In this subchapter:(1)  "Termination" with respect to a timeshare interest:(A)  means:(i)  the release of contractual obligations relating to a timeshare interest by the developer, association, or managing entity; or(ii)  the invalidation, cancellation, nullification, or cessation of contractual obligations related to a timeshare interest by a judgment or court order; and(B)  does not include the cancellation of a purchase contract governed by Subchapter E.(2)  "Transfer" with respect to a timeshare interest means the conveyance of all or substantially all of a timeshare interest.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.102 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.102. Applicability

Sec. 221.102.  APPLICABILITY.  (a)  This subchapter applies to a timeshare interest if the timeshare interest has been acquired only for the purchaser's personal, family, or household use and:(1)  the timeshare interest is owned by a resident of this state;(2)  the timeshare property is located in this state; or(3)  the timeshare interest acquired is in a multisite timeshare plan required to be registered under Subchapter C.(b)  Except as provided by Subsection (c), this subchapter applies to a person who:(1)  is acting in the ordinary course of business; and(2)  directly or indirectly, regardless of whether acting in person, by mail, by telephone, or by any mode of Internet or electronic communication, offers or advertises an offer to engage in, for consideration, the following activities:(A)  obtaining or attempting to obtain on behalf of a timeshare interest owner a termination of contractual obligations relating to a timeshare interest;(B)  selling, renting, listing, or advertising a timeshare interest on behalf of a timeshare interest owner;(C)  purchasing a timeshare interest from a timeshare interest owner; or(D)  assisting in the transfer of an owner's timeshare interest.(c)  This subchapter does not apply to:(1)  a license holder under Chapter 1101, Occupations Code, acting as a broker, agent, or salesperson under that person's license in connection with the transfer or termination of a timeshare interest;(2)  a developer, association, or managing entity for a timeshare interest to be transferred or terminated or a third party acting at the specific request of the developer, association, or managing entity; or(3)  an attorney, title agent, title company, or escrow company that:(A)  provides only closing, settlement, or other comparable transaction services in connection with the transfer or termination of a timeshare interest; and(B)  does not otherwise engage in activities described by Subsection (b).|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.103 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.103. General Disclosures Required

Sec. 221.103.  GENERAL DISCLOSURES REQUIRED.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall provide to the timeshare interest owner, before the third day before the date the timeshare interest owner enters into the agreement the following written disclosures, as applicable:(1)  the name, telephone number, and physical address of the person providing services under the agreement and any affiliate, agent, or third-party representative of that person;(2)  if the person identified in Subdivision (1),  or an affiliate, agent, or third-party representative of that person providing services under the agreement, is an attorney licensed to practice law in this state, a disclosure of whether the attorney will be providing services under the agreement and representing the timeshare interest owner in connection with the transfer or termination of the timeshare interest;(3)  a description, legally sufficient for identification, of the timeshare interest to be transferred or terminated;(4)  a description of the method of transfer or termination or a copy of the instrument that will be used for transferring or terminating the timeshare interest;(5)  a description of any interest the timeshare interest owner retains after the transfer;(6)  a description of the scope of a power of attorney or other delegation of authority, if any, that the timeshare interest owner is required to give to complete the transfer of the timeshare interest; (7)  an itemized statement of any amounts the timeshare owner is required to pay as consideration or reimbursement for services provided in connection with the agreement;(8)  the name of each recipient of amounts described by Subdivision (7);(9)  the estimated date for completing all services sufficient to transfer or terminate the timeshare interest; and(10)  a statement that, on completion of the transfer or termination of the timeshare interest, the person will give written notice of the transfer or termination to:(A)  the developer, association, or managing entity, as applicable; and(B)  if applicable, the exchange company for the timeshare interest.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.104 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.104. Disclosure of Authorized Use of Timeshare Interest

Sec. 221.104.  DISCLOSURE OF AUTHORIZED USE OF TIMESHARE INTEREST.  (a)  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall disclose in writing to the timeshare interest owner the name of any person, other than the timeshare interest owner, who may occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement.(b)  If a person is authorized to occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement, the agreement must state the name of each person receiving consideration for the occupation, rent, exchange, or use of the timeshare interest.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.105 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.105. Disclosures Relating to Payment of Fees for Transfer Services

Sec. 221.105.  DISCLOSURES RELATING TO PAYMENT OF FEES FOR TRANSFER SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must conspicuously disclose in writing to the timeshare interest owner that the timeshare interest owner is not required to pay any consideration or reimbursement under the agreement until the timeshare interest owner receives:(1)  a written acknowledgement from the developer, the association, or the managing entity that the person facilitating the transfer under the agreement complied with all applicable policies of the developer, association, or managing entity, if any, governing the transfer of the timeshare interest; and(2)  a copy of the instrument transferring the timeshare interest, recorded, if required by applicable law, in the real property records of the county in which the timeshare property is located.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.106 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.106. Required Notice for Transfer Services

Sec. 221.106.  REQUIRED NOTICE FOR TRANSFER SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:I (name of the person facilitating the transfer) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TRANSFER OF OWNERSHIP OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT.YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.IF THE TRANSFER OF YOUR TIMESHARE INTEREST IS NOT COMPLETED BEFORE THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|