reglab/housing_qa huggingface dataset:
MA Gen L ch 183b § 23 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 23 - Contracts or Leases Between Developer and Managing Entity; Termination by Association or Owners

Section 23. (a) If, before the developer ceases to appoint, control or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities between the managing entity and the developer or an affiliate of the developer, or (ii) any other contract or lease, between the managing entity and the developer or an affiliate of the developer, or (iii) any contract or lease that is not bona fide or was unconscionable to the time-share owners at the time entered into under the circumstances then prevailing, the contract or lease may be terminated without penalty by the association or, if there is no association, the time-share owners at any time after the developer ceases to appoint, control or serve as the managing entity, upon not less than ninety days' notice to the other party. This subsection shall not apply to any lease the termination of which would terminate the time-share property or reduce its size, unless the real estate subject to said lease was included in the property for the purpose of avoiding the right to terminate a lease under this section.  (b) If there is no association, any time-share owner individually or on behalf of the class of time-share owners may maintain an action for appropriate relief.
MA Gen L ch 183b § 24 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner

Section 24. Except to the extent otherwise provided by the time-share instrument, the managing entity shall be responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, other than personal property separately owned by a time-share owner. Each time-share owner shall afford access to his time-share unit reasonably necessary for said purposes, but if damage is inflicted on a time-share unit to which access is taken, the managing entity shall be responsible for its prompt repair. Subject to the provisions of the time-share instrument and other provisions of law, a time-share owner shall not alter or change the appearance of a time-share unit without the consent of the managing entity.
MA Gen L ch 183b § 25 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 25 - Liability of Owners; Actions Involving Owners, Developers, or Associations; Tolling of Limitations; Judgments Against Associations

Section 25. (a) A time-share owner shall be personally liable for his acts and omissions and those of his employees and agents other than the managing entity.  (b) An action shall not be maintained against a time-share owner, nor shall a time-share owner be precluded from maintaining an action, solely because he owns a time-share or is an officer, director, or member of the association.  (c) An action in tort alleging a wrong done by a developer, a managing entity selected by the developer or his appointees, or an agent or employee of either, in connection with any portion of the property which the developer or the managing entity has the responsibility to maintain, shall not be maintained against the association or any other time-share owner other than the developer. Other actions in tort alleging a wrong done by an association or by an agent or employee of the association or an action arising from a contract made by or on behalf of the association shall be maintained only against the association. If the tort or breach of contract occurred during any period of developer control, the developer shall be subject to liability for all unreimbursed losses suffered by the association or time-share owners as a result, including costs and reasonable attorney's fees. The operation of any statute of limitations affecting the right of action of the association or time-share owners under this section shall be tolled until the period of developer control terminates. A time-share owner shall not be precluded from maintaining an action contemplated by this subsection because he is a time-share owner or a member or officer of the association.  (d) A judgment for money against an association, if recorded in the registry of deeds or land registration office for the district in which the time-share property is located, shall be a lien against all of the time-shares, but no other property of a time-share owner shall be subject to the claims of creditors of the association.  (e) A judgment against the association shall be indexed in the name of the association.
MA Gen L ch 183b § 27 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 27 - Surplus Funds

Section 27. Unless otherwise provided in the time-share instrument, the by-laws, rules or regulations of the time-share association or otherwise determined by the time-share owners at a meeting of time-share owners or pursuant to either section thirty-three or thirty-four, any surplus funds derived from the time-share owners or from property belonging to said time-share owners or their association and held by a managing entity remaining after payment of or provision for time-share expenses and any required reserves shall be paid to the time-share owners in proportion to their time-share expense liabilities or credited to them to reduce their future time-share expense assessments.
MA Gen L ch 183b § 28 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds

Section 28. (a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been made against the time-share owners, time-share expense assessments shall be made at least annually, based on a budget adopted at least annually by the managing entity. At the time the time-share owners are notified of the amount of the assessment for the current year, the time-share owners shall be provided with a copy of the budget prepared in accordance with the provisions of clause (6) of subsection (a) of section thirty-eight and an accounting of income and expenses for the preceding year.  (b) Except for assessments under subsections (c), (d) and (e), all time-share expenses shall be assessed against all the time-shares in accordance with the allocation set forth in the time-share instrument pursuant to section thirteen. Any past due assessment or installment thereof shall bear interest at the rate established by the managing entity or time-share instrument not exceeding eighteen per cent per annum.  (c) To the extent required by the time-share instrument any time-share expense directly related to a time-share unit and incurred in providing a service or facilities which are available to fewer than all of the time-share owners may be assessed exclusively against the time-share owners benefited.  (d) Assessments to pay a judgment against the association shall be made only against the time-shares in the time-share property at the time the judgment was entered, in proportion to their time-share expense liabilities.  (e) If any time-share expense is caused by the misconduct of any time-share owner, the association may assess said expense exclusively against his time-share.  (f) If time-share expense liabilities are reallocated, time-share expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated time-share expense liabilities.  (g) Any amount identified in the budget as an amount to be reserved for the repair or replacement of the time-share unit or the furnishings, equipment and appliances located therein, shall be segregated by the managing entity, held in trust and used only for the specified purpose for which the reserve was collected unless the time-share owners, at a meeting of time-share owners, or pursuant to either section thirty-three or thirty-four determine to spend said funds for other purposes. Any ballot for any proposal to spend reserve funds for purposes other than that for which they were collected shall be accompanied by an explanation in plain language of the reasons therefor and consequences if any of so doing.
MA Gen L ch 183b § 30 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 30 - Financial Records

Section 30. A person who has a duty to make assessments for time-share expenses shall keep financial records sufficiently detailed to enable him to comply with section forty-two. All financial and other records shall be made reasonably available for examination by any time-share owner or his authorized agent.
MA Gen L ch 183b § 31 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 31 - Third Persons Dealing With Trustee

Section 31. A third person dealing with a trustee, pursuant to the provisions of section fifteen or twenty-six, may assume without inquiry the existence of trust powers and the proper exercise thereof by the trustee. A third person shall not be bound to inquire whether the trustee has power to act as trustee or is properly exercising trust powers, and a third person without actual knowledge that the trustee is exceeding or improperly exercising his powers shall be fully protected in dealing with the trustee as if the trustee possessed and was properly exercising the powers he purports to exercise. A third person shall not be bound to assure the proper application of trust assets paid or delivered to the trustee in his capacity as trustee.
MA Gen L ch 183b § 34 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 34 - Referendum to Amend Project Instrument or Other Matters

Section 34. (a) No amendment to the project instrument may be adopted except pursuant to this section or section thirty-three. The project instrument may specify other matters to be determined by referendum of the owners and may permit the managing entity to select matters to be determined in said manner.  (b) If an amendment to a project instrument proposed by the managing entity, or other matter, is to be determined by referendum, the managing entity shall prepare and, not less than thirty or more than one hundred and eighty days before the votes are be counted, shall mail to each owner a ballot stating each matter to be determined and affording the opportunity to vote ''yes'' or ''no'' on each matter. The ballot may be accompanied by a letter from the managing entity recommending a particular decision.  (c) On the date specified pursuant to clause (2) of subsection (c) of section thirty-two, the managing entity shall examine the ballots that have been returned and calculate the vote accordingly. A simple majority of the votes counted shall determine each matter unless the project instrument specifies a larger majority, but no matter may be determined by referendum unless the ballots favoring the majority decision represent at least twenty-five per cent of the votes allocated to all owners.
MA Gen L ch 183b § 36 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 36 - Dispositions or Offerings for Which Public Offering Statement or Other Materials Not Required

Section 36. (a) Sections thirty-six to fifty-five, inclusive, shall apply to all time-shares subject to this chapter except as provided in subsection (b).  (b) Neither a public offering statement nor the materials required by section forty-two need be prepared or delivered in the case of:  (1) a gratuitous disposition of a time-share;  (2) a disposition pursuant to court order;  (3) a disposition by a government or governmental agency;  (4) a disposition by foreclosure or deed in lieu of foreclosure;  (5) a disposition that may be cancelled at any time and for any reason by the purchaser without penalty;  (6) a disposition of a time-share in a unit situated wholly outside the commonwealth pursuant to a contract executed wholly outside the commonwealth, if there has been no offering within the commonwealth;  (7) an offering by a developer of time-shares in no more than one time-share unit at any one time; or  (8) A disposition of a time-share property or all time-shares therein to one purchaser.
MA Gen L ch 183b § 37 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 37 - Public Offering Statements; Responsibility for Preparation; Liability for Misleading Statement; Multi-Location Plans

Section 37. (a) Except as provided in subsection (b), a developer, prior to the offering of any interest in a unit to the general public, shall prepare a public offering statement conforming to the requirements of sections thirty-eight, thirty-nine and forty.  (b) A developer may transfer responsibility for preparation of all or a part of the public offering statement to a successor developer or to a person in the business of selling real estate who intends to offer time-shares in the time-share property for his own account. In the event of said transfer of responsibility, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).  (c) Any developer, agent of a developer or person in the business of selling real estate who offers a time-share for his own account to a purchaser shall deliver a public offering statement in the manner prescribed in subsection (a) of section forty-one. The person who prepared all or a part of the public offering statement shall be liable under sections forty-one and forty-nine for any false or misleading statement set forth therein or for any omission of material fact therefrom with respect to that portion of the public offering statement which he prepared. If a developer, agent of a developer or said person in the business of selling real estate did not prepare any part of a public offering statement that he delivers, he shall not be liable for any false or misleading statement set forth therein or for any omission of material fact therefrom unless he had actual knowledge of the statement or omission, or in the exercise of reasonable care, should have known of the statement or omission.  (d) If a time-share property is part of any other real estate multi-location plan in connection with the sale of which the delivery of a public offering statement is required, a single public offering statement conforming to the requirements of sections thirty-eight, thirty-nine and forty as said requirements relate to all real estate multi-location plans in which the time-share property is located, and to any other requirements imposed by law, may be prepared and delivered in lieu of providing two or more public offering statements.
MA Gen L ch 183b § 39 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 39 - Public Offering Statements; Conversion Buildings; Contents

Section 39. (a) If a conversion building that includes or is to include one or more time-share units is more than ten years old and the developer or any affiliates of the developer own or control more than fifty per cent of all units in the project, the public offering statement shall contain, in addition to the information required by section thirty-eight:  (1) a statement by the developer, based on a report prepared by an independent registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the time-share units;  (2) a statement by the developer of the expected useful life of each item reported on in clause (1) or a statement that no representations shall be made in that regard; and  (3) a list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing said violations;  (b) This section shall apply only to units in which use as a dwelling or for recreational purposes, or both, is permissible.
MA Gen L ch 183b § 39a (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 39a - Conformity of Units to Regulations

Section 39A. The units created or constructed under this chapter shall conform to the regulations promulgated pursuant to section thirteen A of chapter twenty-two.
MA Gen L ch 183b § 40 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission

Section 40. If a time-share is currently registered with the securities and exchange commission of the United States, a developer satisfies all requirements of this chapter relating to the preparation of a public offering statement if he delivers to the purchaser a copy of the public offering statement filed with said securities and exchange commission.
MA Gen L ch 183b § 41 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 41 - Providing Prospective Purchaser With Public Offering Statement and Resale Disclosures; Cancellation of Contract; Damages

Section 41. (a) A person required to deliver a public offering statement pursuant to subsection (c) of section thirty-seven shall, before transfer of a time-share and no later than the date of a contract of sale, provide a prospective purchaser with (i) a copy of the public offering statement and all amendments, exhibits and supplements thereto, and (ii) the disclosures required in the case of resales pursuant to subsection (a) of section forty-two. Unless the purchaser has received said materials more than three business days before the date of execution of any contract of sale or the transfer of a time-share, the contract or transfer shall be voidable by him until he has received said materials and for three business days thereafter.  (b) If a purchaser elects to cancel a contract pursuant to subsection (a), he may do so by hand-delivering written notice thereof to the seller or to his agent for service of process, by mailing notice thereof to the seller or to his agent for service of process by registered mail, return receipt requested, by telegram or by courier service with guaranteed next day delivery. Notice shall be deemed given on the date of postmark or if by telegram or courier service on the date when transmitted from the place of origin. Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded immediately if the purchaser's deposit check shall not have been deposited in the seller's bank account or if it has been so deposited within seven days after receipt of the notice of cancellation, but in no event prior to the first business day following the date on which the amount of the deposit is finally and unconditionally credited to the seller's account or if such deposit was made by credit card, such refund shall be made by immediate issuance of a credit to the purchaser's credit card account.  (c) If a person required to deliver a public offering statement pursuant to subsection (c) of section thirty-seven fails to provide a purchaser to whom a time-share is transferred with information which satisfies in all material respects the requirements of subsection (a), the purchaser, in addition to any rights to damages or other relief, is entitled to receive from the seller an amount equal to ten per cent of the sales price of the time-share.
MA Gen L ch 183b § 42 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 42 - Copy of Instrument and Certificate; Delivery to Purchaser; Limitation on Expense Liability

Section 42. (a) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under subsection (b) of section thirty-six, a seller of a time-share shall furnish to the purchaser before execution of any contract of sale, or before the transfer of title whichever first occurs, a copy of the time-share instrument, other than any plats or plans, and a certificate containing:  (1) a statement disclosing the effect on the proposed transfer of any right of first refusal or other restraint on transfer of the time-share or any portion thereof;  (2) a statement setting forth the amount of the periodic time-share expense liability and any unpaid time-share expense or special assessment or other sums currently due and payable from the seller;  (3) a statement of any other fees payable by time-share owners; and  (4) a statement of any judgments or other matters that are or may become liens against the time-share or the time-share unit and the status of any pending actions that may result in said liens.  (b) A managing entity, within ten days after a request by a time-share owner, shall furnish a certificate containing the information necessary to enable the time-share owner to comply with this section. A time-share owner providing a certificate pursuant to subsection (a) shall not be liable to the purchaser for any erroneous information provided by the managing entity and included in said certificate, other than for judgment liens against the time-share or the time-share unit.  (c) A purchaser shall not be liable for any unpaid time-share expense liability or fees in an amount greater than the amount set forth in a certificate prepared by a managing entity. A time-share owner shall not be liable to a purchaser for the failure or delay of a managing entity to provide the certificate in a timely manner, but the contract of sale shall be voidable by the purchaser until the certificate has been provided and for five days thereafter or until transfer, whichever first occurs.