reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.2.

11018.2. No person shall sell or lease, or offer for sale or lease in this state any lots or parcels in a subdivision without first obtaining a public report from the Real Estate Commissioner. This section shall not apply to subdivisions for which a notice of intention is not required under the provisions of this chapter.
(Amended by Stats. 1980, Ch. 1336, Sec. 12.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.3.

11018.3. Any subdivider objecting to the denial of a public report may, within 30 days after receipt of the order of denial, file a written request for a hearing. The commissioner shall hold the hearing within 20 days thereafter unless the party requesting the hearing requests a postponement. If the hearing is not held within 20 days after request for a hearing is received plus the period of the postponement or if a proposed decision is not rendered within 45 days after submission and an order adopting or rejecting the proposed decision is not issued within 15 days thereafter, the order of denial shall be rescinded and a public report issued.
(Amended by Stats. 1998, Ch. 11, Sec. 4. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.6.

11018.6. Any person offering to sell or lease any interest subject to the requirements of subdivision (a) of Section 11018.1 in a subdivision described in Section 11004.5 shall make a copy of each of the following documents available for examination by a prospective purchaser or lessee before the execution of an offer to purchase or lease and shall give a copy thereof to each purchaser or lessee as soon as practicable before transfer of the interest being acquired by the purchaser or lessee:
(a) The declaration of covenants, conditions, and restrictions for the subdivision.
(b) Articles of incorporation or association for the subdivision owners association.
(c) Bylaws for the subdivision owners association.
(d) Any other instrument which establishes or defines the common, mutual, and reciprocal rights, and responsibilities of the owners or lessees of interests in the subdivision as shareholders or members of the subdivision owners association or otherwise.
(e) To the extent available, the current financial information and related statements as specified in Sections 5300 and 5565 of the Civil Code, for subdivisions subject to those provisions.
(f) A statement prepared by the governing body of the association setting forth the outstanding delinquent assessments and related charges levied by the association against the subdivision interests in question under authority of the governing instruments for the subdivision and association.
(Amended by Stats. 2012, Ch. 181, Sec. 11. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.7.

11018.7. (a) No amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or otherwise affecting rights to ownership, possession, or use of interests in subdivisions as defined in Sections 11000.1 and 11004.5 which would materially change those rights of an owner, either directly or as a member of an association of owners, is valid without the prior written consent of the Real Estate Commissioner during the period of time when the subdivider or his or her successor in interest holds or directly controls as many as one-fourth of the votes that may be cast to effect that change.
(b) The commissioner shall not grant his or her consent to the submission of the proposed change to a vote of owners or members if he or she finds that the change if effected would create a new condition or circumstance that would form the basis for denial of a public report under Sections 11018 or 11018.5.
An application for consent may be filed by any interested person on a form prescribed by the commissioner. A filing fee to be fixed by regulation, but not to exceed twenty-five dollars ($25), shall accompany each application.
There shall be no official meeting of owners or members nor any written solicitation of them for the purpose of effectuating a change referred to herein except in accordance with a procedure approved by the commissioner after the application for consent has been filed with him or her; provided, however, that the governing body of the owners association may meet and vote on the question of submission of the proposed change to the commissioner.
(Amended by Stats. 1996, Ch. 587, Sec. 14. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.13.

11018.13. (a) After written notice to the subdivider, or the subdivider’s representative, the commissioner may abandon any application for a subdivision public report if the data required by Section 11010 has not been furnished within three years from the date a notice of intention is filed for a subdivision public report.
(b) The commissioner shall adopt regulations establishing time periods for notifying the subdivider, or the subdivider’s representative, of the intention to abandon a file, and establishing hardship or justifiable extenuating circumstances the commissioner deems acceptable.
(Added by Stats. 1992, Ch. 881, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.14.

11018.14. The commissioner shall not be a responsible agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000), Public Resources Code). Receipt by the commissioner of a copy of an environmental impact report or negative declaration prepared pursuant to the California Environmental Quality Act shall be conclusive evidence of compliance with that act for purposes of issuing a subdivision public report.
(Added by renumbering Section 11018.11 (as added by Stats. 1980, Ch. 1335) by Stats. 1997, Ch. 17, Sec. 10. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11019.

11019. (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 subdivision until the condition has been corrected:
(1) Has violated or caused the violation of any provision of this part or the regulations pertaining thereto.
(2) Has violated or caused a violation of Section 17537, 17537.1, or 17539.1, in advertising or promoting the sale of subdivision interests.
(3) Has failed to fulfill representations or assurances with respect to the subdivision or the subdivision offering upon which the department relied in issuing a subdivision public report.
(4) Has failed to inform the department of material changes that have occurred in the subdivision or subdivision offering which have caused the subdivision public report to be misleading or inaccurate or which would have caused the department to deny a public report if the conditions had existed at the time of issuance.
(b) Upon receipt of such an order, the person or persons to whom the order is directed shall immediately discontinue activities in accordance with the terms of the order.
(c) Any person to whom the order is directed may, within 30 days after service thereof upon him, file with the commissioner a written request for hearing to contest the order. The commissioner shall after receipt of a request for hearing assign the matter to the Office of Administrative Hearings to conduct a hearing for findings of fact and determinations of the issues set forth in the order. If the hearing is not commenced within 15 days after receipt of the request for hearing, or on the date to which continued with the agreement of the person requesting the hearing, or if the decision of the commissioner is not rendered within 30 days after completion of the hearing, the order shall be deemed to be vacated.
(d) Service and proof of service of an order issued by the commissioner pursuant to this section may be made in a manner and upon such persons as prescribed for the service of summons in Article 3 (commencing with Section 415.10), Article 4 (commencing with Section 416.10) and Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2, of the Code of Civil Procedure.
(Amended by Stats. 1985, Ch. 128, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11020.

11020. (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report which is forged, altered, false, or counterfeit, knowing it to be forged, altered, false, or counterfeit or to cause to be made or participate in the making, issuance, delivery, transfer, or publication of a public report with knowledge that it is forged, altered, false, or counterfeit.
(b) Any person who violates subdivision (a) is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(c) The penalty provided by this section is not an exclusive penalty, and does not affect any other penalty, relief, or remedy provided by law.
(Amended by Stats. 2011, Ch. 15, Sec. 21. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11021.

11021. For the purpose of calculating the period of any applicable statute of limitations in any action or proceeding, either civil or criminal involving any violation of this chapter, the cause of action shall be deemed to have accrued not earlier than the time of recording with the county recorder of the county in which the property is situated of any deed, lease or contract of sale conveying property sold or leased in violation of this chapter and which describes a lot or parcel so wrongfully sold or leased.
This section does not prohibit the maintenance of any such action at any time before the recording of such instruments.
(Amended by Stats. 1955, Ch. 1739.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11022.

11022. (a) It is unlawful for an owner, subdivider, agent or employee of a subdivision or other person, with intent directly or indirectly to sell or lease subdivided lands or lots or parcels therein, to authorize, use, direct, or aid in the publication, distribution, or circularization of an advertisement, radio broadcast, or telecast concerning subdivided lands, that contains a statement, pictorial representation, or sketch that is false or misleading.
(b) An owner, subdivider, agent, or employee of an owner or subdivider may, prior to the use, publication, distribution, or circulation of any advertisement concerning subdivided lands, submit the same to the department for approval. The submission shall be accompanied by a fee of not more than seventy-five dollars ($75). The commissioner shall prescribe by regulation the amount of the fee.
If disapproval of the proposed advertisement is not communicated by the department to the owner, subdivider, agent, or employee within 15 calendar days after receipt of the copy of the proposed advertisement, the advertisement shall be deemed approved, but the department shall not be estopped from disapproving a later distribution, circulation, or use of the same or similar advertising.
(c) Nothing in this section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster, or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication herein referred to unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the subdivided lands so advertised.
(Amended by Stats. 1994, Ch. 1108, Sec. 11. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11023.

11023. Any person who violates Section 11010, 11010.1, 11010.8, 11013.1, 11013.2, 11013.4, 11018.2, 11018.7, 11018.9, 11018.10, 11018.11, 11019, or 11022 is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 22. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 3 - Sales Contracts › Section 11200.

11200. Every sales contract relating to the purchase of real property in a subdivision as defined in this chapter shall clearly set forth the legal description of the property, of the encumbrances outstanding at the date of the sales contract, and the terms of the contract.
(Added by Stats. 1960, 1st Ex. Sess., Ch. 79.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11210.

11210. This chapter may be cited as the Vacation Ownership and Time-share Act of 2004.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11211.

11211. The purposes of this chapter are to do all of the following:
(a) Provide full and fair disclosure to the purchasers and prospective purchasers of time-share plans.
(b) Require certain time-share plans offered for sale or created and existing in this state to be subject to the provisions of this chapter.
(c) Recognize that the tourism industry in this state is a vital part of the state’s economy; that the sale, promotion, and use of time-share plans is an emerging, distinct segment of the tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structures; and that a uniform and consistent method of regulation is necessary in order to safeguard California’s tourism industry and the state’s economic well-being.
(d) In order to protect the quality of California time-share plans and the consumers who purchase them, it is the intent of the Legislature that this chapter be interpreted broadly in order to encompass all forms of time-share plans with a duration of at least three years that are created with respect to accommodations that are located in the state or that are offered for sale in the state, including, but not limited to, condominiums, cooperatives, vacation clubs, and multisite vacation plans.
(e) It is the intent of the Legislature that this chapter not be interpreted to preempt the application of, the enforcement of, or alter the standards of, the general consumer protection laws of this state set forth in Sections 17200 to 17209, inclusive, and Sections 17500 to 17539.1, inclusive, of the Business and Professions Code.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11211.5.

11211.5. (a) This chapter applies to all of the following:
(1) Time-share plans with an accommodation or component site in this state.
(2) Time-share plans without an accommodation or component site in this state, if those time-share plans are sold or offered to be sold to any individual located within this state.
(3) Exchange programs as defined in this chapter.
(4) Short-term products as defined in this chapter.
(b) This chapter does not apply to any of the following:
(1) Time-share plans, whether or not an accommodation is located in this state, consisting of 10 or fewer time-share interests. Use of an exchange program by owners of time-share interests to secure access to other accommodations shall not affect this exemption.
(2) Time-share plans, whether or not an accommodation is located in this state, the use of which extends over any period of three years or less.
(3) Time-share plans, whether or not an accommodation is located in this state, under which the prospective purchaser’s total financial obligation will be equal to or less than three thousand dollars ($3,000) during the entire term of the time-share plan.
(c) For purposes of determining the term of a time-share plan, the period of any renewal or renewal option shall be included.
(d) Single site time-share plans located outside the state and component sites of multisite time-share plans located outside the state, that are offered for sale or sold in this state are subject only to Sections 11210 to 11219, inclusive, Sections 11225 to 11246, inclusive, Sections 11250 to 11256, inclusive, paragraphs (1), (2), (3), and (4) of subdivision (a), and subdivisions (b) and (c), of Section 11265, subdivision (g) of Section 11266, subdivisions (a) and (c) of Section 11267, Sections 11272 and 11273, subdivisions (b), (c), and (d) of Section 11274, and Sections 11280 to 11287, inclusive.
(Amended by Stats. 2006, Ch. 429, Sec. 1. Effective September 22, 2006. Operative January 1, 2007, by Sec. 12 of Ch. 429.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11211.7.

11211.7. (a) Any time-share plan registered pursuant to this chapter to which the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code) might otherwise apply is exempt from that act, except for Sections 4090, 4177, 4178, 4215, 4220, 4230, 4260 to 4275, inclusive, 4500 to 4510, inclusive, 4625 to 4650, inclusive, 4775 to 4790, inclusive, 4900 to 4950, inclusive, 5500 to 5560, inclusive, and 5975 of the Civil Code.
(b) (1) To the extent that a single site time-share plan or component site of a multisite time-share plan located in the state is structured as a condominium or other common interest development, and there is any inconsistency between the applicable provisions of this chapter and the Davis-Stirling Common Interest Development Act, the applicable provisions of this chapter shall control.
(2) To the extent that a time-share plan is part of a mixed use project where the time-share plan comprises a portion of a condominium or other common interest development, the applicable provisions of this chapter shall apply to that portion of the project uniquely comprising the time-share plan, and the Davis-Stirling Common Interest Development Act shall apply to the project as a whole.
(c) (1) The offering of any time-share plan, exchange program, incidental benefit, or short term product in this state that is subject to the provisions of this chapter shall be exempt from Sections 1689.5 to 1689.14, inclusive, of the Civil Code (Home Solicitation Sales), Sections 1689.20 to 1689.24, inclusive, of the Civil Code (Seminar Sales), and Sections 1812.100 to 1812.129, inclusive, of the Civil Code (Contracts for Discount Buying Services).
(2) A developer or exchange company that, in connection with a time-share sales presentation or offer to arrange an exchange, offers a purchaser the opportunity to utilize the services of an affiliate, subsidiary, or third-party entity in connection with wholesale or retail air or sea transportation, shall not, in and of itself, cause the developer or exchange company to be considered a seller of travel subject to Sections 17550 to 17550.34, inclusive, of the Business and Professions Code, so long as the entity that actually provides or arranges the air or sea transportation is registered as a seller of travel with the California Attorney General’s office or is otherwise exempt under those sections.
(d) To the extent certain sections in this chapter require information and disclosure that by their terms only apply to real property time-share plans, those requirements shall not apply to personal property time-share plans.
(Amended by Stats. 2012, Ch. 181, Sec. 12. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11213.

11213. Each time-share estate, as specified in paragraph (1) of subdivision (x) of Section 11212, constitutes, for purposes of title, a separate estate or interest in real property including ownership in real property for tax purposes.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11214.

11214. (a) The developer shall supervise, manage, and control all aspects of the offering of the time-share plan by or on behalf of the developer, including, but not limited to, promotion, advertising, contracting, and closing. The developer is responsible for each time-share plan registered with the commissioner and for the actions of any sales or marketing entity utilized by the developer in the offering or selling of any registered time-share plan.
(b) Any violation of this chapter that occurs during the offering activities shall be deemed to be a violation by the developer as well as by the person who actually committed the violation.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11215.

11215. (a) The time-share instrument shall prohibit a person from seeking or obtaining, through any legal procedures, judicial partition of the time-share interest or sale of the time-share interest, in lieu of partition and shall subordinate all rights that a time-share interest owner might otherwise have as a tenant-in-common in real property to the terms of the time-share instrument.
(b) Subdivision (a) shall not be deemed to prohibit a sale of an accommodation upon termination of the time-share plan or the removal of an accommodation from the time-share plan in accordance with applicable provisions of the time-share instrument.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11217.

11217. (a) The following communications shall not be deemed an advertisement or promotion and are exempt from this chapter so long as the communications are in compliance with Section 11245:
(1) Any stockholder communication, such as an annual report or interim financial report, proxy material, a registration statement, a securities prospectus, a registration, a property report, or other material required to be delivered to a prospective purchaser by an agency of any state or the federal government.
(2) Any oral or written statement disseminated by a developer to broadcast or print media, other than paid advertising or promotional material, regarding plans for the acquisition or development of time-share property. However, any rebroadcast or any other dissemination of the oral statements to a prospective purchaser by a developer or any person in any manner, or any distribution of copies of newspaper magazine articles or press releases, or any other dissemination of the written statements to a prospective purchaser by a developer or any person in any manner, shall constitute an advertisement.
(3) Any advertisement or promotion in any medium to the general public if the advertisement or promotion clearly states that it is not an offer in any jurisdiction in which any applicable registration requirements have not been fully satisfied.
(4) Any audio, written, or visual publication or material relating to the availability of any accommodations for transient rental, so long as a sales presentation is not a term or condition of the availability of the accommodations and so long as the failure of any transient renter to take a tour of a time-share property or attend a sales presentation does not result in any reduction in the level of services that would otherwise be available to the transient renter.
(b) Any communication regarding a time-share interest that is addressed to any person who has previously executed a contract for the sale or purchase of that time-share interest and that does not constitute a solicitation of a time-share interest, shall be exempt from this chapter.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11218.

11218. A time-share interest in a time-share plan shall be deemed an interest in subdivided lands or a subdivision for purposes of subdivision (f) of Section 25100 of the Corporations Code.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 1 - General Provisions › Section 11219.

11219. (a) Time-share plans registered as Qualified Resort Vacation Club Projects under prior law shall continue to operate under that prior law notwithstanding anything in this chapter to the contrary.
(b) (1) All registrations of time-share plans in effect on the effective date of this chapter shall remain in full force and effect and shall be considered registered pursuant to this chapter.
(2) All time-share plans included in this subdivision are subject to Sections 11217, 11219, 11238, 11239, 11245, 11250, and 11280 to 11286, inclusive, and shall be required to comply with the other provisions of this chapter at the time they seek amendment or renewal of their existing registrations. When an amendment or renewal of a time-share plan is filed with the commissioner, the existing registration continues in full force and effect while the amendment or renewal is pending before the commissioner.
(c) Any existing injunction or temporary restraining order validly obtained that prohibits unregistered practice of time-share developers, time-share plans, or their agents shall not be invalidated by the enactment of this chapter and shall continue to have full force and effect on and after the effective date of this chapter.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11226.1.

11226.1. Any person offering to sell or lease any interest subject to the requirements of Section 11226 shall make a copy of each of the following documents available for examination by a prospective purchaser or lessee before the execution of an offer to purchase or lease and shall give a copy of those documents to each purchaser or lessee as soon as practicable before transfer of the interest being acquired by the purchaser or lessee:
(a) The declaration of covenants, conditions, and restrictions for the time-share plan.
(b) Articles of incorporation or association for the time-share owners’ association.
(c) Bylaws of the owners’ association.
(d) Any other instrument that establishes or defines the common, mutual, and reciprocal rights and responsibilities of the owners or lessees of interest in the time-share plan as members of the owners’ association or otherwise.
(e) The current budget and financial statements for the time-share plan.
(Added by Stats. 2006, Ch. 429, Sec. 3. Effective September 22, 2006. Operative January 1, 2007, by Sec. 12 of Ch. 429.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11228.

11228. The term of a final public report shall be limited to five years. A renewal shall be issued if the developer, owner, or agent makes application for renewal of any report and has submitted the additional information that the commissioner may require.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11229.

11229. (a) In connection with its review of the registration application of a time-share plan, the commissioner may make an examination of any time-share property submitted for registration pursuant to this chapter, and shall, unless there are grounds for denial, issue to the developer a public report authorizing the sale or lease in this state of the time-share interests within the time-share plan submitted pursuant to this chapter. The report shall contain the data obtained in accordance with Section 11234.
(b) The commissioner may deny the issuance of the public report based on the applicant’s failure to comply with any of the provisions of this chapter or the regulations of the commissioner pertaining thereto, including, but not limited to, all of the following:
(1) The sale or lease would constitute misrepresentation to, or deceit or fraud of, the purchasers or lessees.
(2) Inability to deliver title or other interest contracted for.
(3) Inability to demonstrate, in accordance with this chapter, that adequate financial arrangements have been made for all offsite improvements included in the offering.
(4) Inability to demonstrate, in accordance with this chapter, that adequate financial arrangements have been made for any community, recreational, or other facilities included in the offering.
(5) Failure to make a showing that the parcels can be used for the purpose for which they are offered.
(6) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(c) Any developer objecting to the denial of a public report may, within 30 days after receipt of the order of denial, file a written request for a hearing. The commissioner shall hold the hearing within 20 days thereafter unless the party requesting the hearing requests a postponement. If the hearing is not held within 20 days after request for a hearing is received plus the period of the postponement or if a proposed decision is not rendered within 45 days after submission and an order adopting or rejecting the proposed decision is not issued within 15 days thereafter, the order of denial shall be rescinded and a public report issued.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11230.

11230. If the time-share plan, including any accommodations, or amenities within the common area are not completed prior to the issuance of a final public report for the time-share plan, the developer shall specify a reasonable date for completion and shall comply with any one of the following conditions:
(a) Arranges for lien and completion bond or bonds, enforceable by the association, in an amount and subject to the terms, conditions, and coverage necessary to assure completion of the improvements lien-free. The bond shall not exceed 120 percent of the cost for completion, and the bond shall provide for the reduction of the bond amount as work is completed.
(b) All funds from the sale of time-share interests as the commissioner shall determine are sufficient to assure construction of the improvement or improvements shall be bonded or impounded in a neutral escrow depository acceptable to the commissioner until the improvements have been completed and all applicable lien periods have expired.
(c) An amount sufficient to cover the costs of construction shall be deposited in a neutral escrow depository acceptable to the commissioner under a written escrow agreement providing for disbursements from the escrow as work is completed.
(d) An alternative plan that may be approved by the commissioner.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11231.

11231. Every registration required to be filed with the commissioner under this chapter shall be reviewed and issued the specified public report in accordance with the following schedule:
(a) Time-share registration. Registration shall be effective only upon the issuance of a public report by the commissioner that shall occur no later than 60 calendar days after the actual receipt by the commissioner of the properly completed application. The commissioner shall provide a list of deficiencies in the application, if any, within 60 calendar days of receipt. This same time period applies when amending a public report to add additional phases or component sites of the time-share plan.
(b) Preliminary public report registration. A preliminary public report shall be issued within 15 calendar days of receipt, unless the commissioner provides to the applicant a written list of deficiencies in the application, if any, within 15 calendar days of receipt of an application.
(c) Amended public report where no additional phases or component sites are added. An effective date for an amendment to a public report should occur no more than 45 calendar days after actual receipt by the commissioner of the amendment. The commissioner shall provide a list of deficiencies regarding the amendments, if any, within 45 calendar days of receipt.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11232.

11232. (a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate for a public report pursuant to the provisions of this chapter that are lower than the maximum fees specified in subdivision (b) if the commissioner determines that the lower fees are sufficient to offset the costs and expenses incurred in the administration of this chapter. The commissioner shall hold at least one hearing each calendar year to determine if lower fees than those specified in subdivision (b) should be prescribed.
(b) The filing fees for an application for a public report to be issued under authority of this chapter shall not exceed the following for each time-share plan, location, or phase of the time-share plan in which interests are to be offered for sale or lease:
(1) One thousand seven hundred dollars ($1,700) plus ten dollars ($10) for each time-share interest to be offered for an original public report application.
(2) Six hundred dollars ($600) plus ten dollars ($10) for each time-share plan interest to be offered that was not permitted to be offered under the public report to be renewed for a renewal public report or permit application.
(3) Five hundred dollars ($500) plus ten dollars ($10) for each time-share interest to be offered under the amended public report for which a fee has not previously been paid for an amended public report application.
(4) Five hundred dollars ($500) for a conditional public report application.
(c) Fees collected by the commissioner under authority of this chapter shall be deposited into the Real Estate Fund pursuant to Chapter 6 (commencing with Section 10450) of Part 1. Fees received by the commissioner pursuant to this article shall be deemed earned upon receipt. A fee is not refundable unless the commissioner determines that it was paid as a result of mistake or inadvertency. This section shall remain in effect unless it is superseded pursuant to Section 10266 or subdivision (a) of Section 10266.5, whichever is applicable.
(Amended by Stats. 2021, Ch. 431, Sec. 36. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11233.

11233. An applicant for a public report for a time-share plan in which the use and occupancy of the time-share interest purchased in the time-share plan is determined according to a point system shall include in the application the following information:
(a) Whether additional points may be acquired by purchase or otherwise, in the future and the manner in which future purchases of points may be made.
(b) The transferability of points to other persons, other years or other time-share plans.
(c) A copy of the then-current point value use directory, along with rules and procedures for changes by the developer or the association in the manner in which point values may be used.
(1) No change exceeding 10 percent per annum in the manner in which point values may be used may be made without the assent of at least 25 percent of the voting power of the association other than the developer.
(2) No time-share interest owner shall be prevented from using a time-share plan as a result of changes in the manner in which point values may be used.
(3) In the event point values are changed or adjusted, no time-share owner shall be prevented from using his or her home resort in the same manner as was provided for under the original purchase contract.
(d) Any limitations or restrictions upon the use of point values.
(e) A description of an inventory control system that will ensure compliance with Section 11250.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11236.

11236. (a) A receipt on the form specified herein shall be taken by or on behalf of the developer from each person executing a reservation agreement under authority of a preliminary public report and each person who has made a written offer to purchase or lease a time-share interest under authority of a preliminary, conditional, or final public report.
(b) The developer or his or her agent shall retain each receipt for a final public report for a period of three years from the date of the receipt and shall make the receipts available for inspection by the commissioner or his or her designated representative during regular business hours.
(c) The form approved by the commissioner for the acknowledgment of receipt of a preliminary, conditional, or final public report shall be as follows:
“RECEIPT FOR PUBLIC REPORT
The Law and Regulations of the commissioner require that you as a prospective purchaser or lessee be afforded an opportunity to read the public report for this time-share before you execute a contract to purchase or lease a time-share interest or before any money or other consideration toward purchase or lease of a time-share interest is accepted from you.
You must be afforded an opportunity to read the report before a written reservation or any deposit in connection therewith is accepted from you.
DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE RECEIVED A COPY OF THE REPORT AND HAVE READ IT.
I have read the commissioner’s public report on ____ (File No., Tract No., or Name). I understand the report is not a recommendation or endorsement of the time-share, but is for information only. The date of the public report which I received and read is ____.
Developer Is Required to Retain This Receipt for Three Years.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11237.

11237. (a) If a purchaser of a time-share interest in a time-share plan is offered the opportunity to acquire an incidental benefit in connection with the sale of a time-share interest, the developer shall provide the purchaser with a disclosure statement containing all of the following information:
(1) A general description of the incidental benefit, including the terms and conditions governing the use of the incidental benefit.
(2) A statement that the continued availability of the incidental benefit is not necessary for the use and enjoyment of the purchaser’s use of any accommodation of the time-share plan.
(3) A statement that the purchaser’s use of or participation in the incidental benefit is completely voluntary, and payment of any fee or other cost associated with the incidental benefit is required only upon that use or participation.
(4) A listing of the fees, if any, that the purchaser will be required to pay to use the incidental benefit.
(5) A statement that no costs of acquisition, operation, maintenance, or repair of the incidental benefit shall be passed on to purchasers of time-share interests in the time-share plan as a common expense of the time-share plan.
(b) A developer shall include in its initial application for registration, a description of any incidental benefits which may be used by the developer. The developer may, but shall not be required to describe the incidental benefits in the public report for the time-share plan.
(c) The incidental benefit disclosure is not required to be filed with the commissioner prior to the use of the disclosure. However, the commissioner may request and review the records of the developer to ensure that the incidental benefit disclosure required by this section has been given to purchasers and to ensure that the statements required to be made in the disclosure are accurate as to the operation of each incidental benefit offered by the developer. The developer shall deliver the records to the commissioner within 10 business days of the commissioner’s request.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 2 - Registration, Sale Requirements, and Fees › Section 11239.

11239. (a) To inform a purchaser of his or her right of cancellation under Section 11238, the developer shall attach to the face page of every copy of a public report given to a prospective purchaser, the cancellation notice set forth in subdivision (b) thereof printed in conspicuous type.
(b) The form and content of the notice shall be as follows:
NOTICE OF CANCELLATION RIGHTS
You may cancel the purchase of the time-share interest(s) in the time-share plan identified below without any penalty or obligation and are legally entitled to the return of all money and other considerations that you have given toward the purchase. If you decide to cancel your purchase, you must notify the developer in writing of your intent to cancel within seven calendar days of receipt of the public report or the date you sign the purchase contract, whichever date is later. Your notice of cancellation shall be effective upon the date sent and shall be sent to the developer at the address or facsimile number provided in your purchase contract. Any attempt to obtain a waiver of your cancellation right is void and of no effect.
(c) Each notice shall also contain the following form. The form shall have all developer-related information completed by the developer and may be used by a purchaser to cancel the sale of the time-share interest:
(Name of Developer) (Address of Developer)
(Facsimile Number of Developer)
(Name of Time-share Plan)
(DRE Registration File Number)
RE: ELECTION TO CANCEL THE SALE OF A TIME-SHARE INTEREST(S)
I hereby elect to cancel my purchase of the time-share interest(s) in the above-name time-share plan.
_____
(Date)
_____
(Signature)
(Print Name)
(Signature)
(Print Name)
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Section operative July 1, 2005, pursuant to Section 11288.)