reglab/statecodes huggingface dataset:
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 11242.

11242. (a) In any time-share plan, the developer may undertake to pay a portion of the assessments otherwise payable by each purchaser (“buy down subsidy”). Any developer undertaking to pay a buy down subsidy shall do both of the following:
(1) Enter into a contract with the association that specifies in detail the obligations of the developer and the methods to be used in valuing the goods and services furnished under the time-share plan.
(2) Furnish the association with an executed copy of the subsidization contract within 10 days after closing of escrow of the first sale or lease of a time-share interest.
(b) If the developer is paying a buy down subsidy, the developer shall provide an assurance for its buy down subsidy obligation in an amount acceptable to the commissioner, but not more than the aggregate amount by which annual assessments are to be reduced, for example, the number of interests to be sold in each unit type multiplied by the amount by which the annual assessment for such unit type is to be reduced, multiplied by the number of years in the term of the buy down subsidy.
(c) For any buy down subsidy agreements entered into after July 1, 2005, the subsidy agreements shall provide that if there is a dispute between the developer and the association with respect to the question of satisfaction of the conditions for exoneration or release of the security, the issue shall, at the request of either party, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or another third-party arbitration organization selected by the parties and in accordance with Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. Any fee to initiate the arbitration shall be remitted by the developer. The cost of arbitration shall ultimately be borne as determined by the arbitrator under those rules.
(Amended by Stats. 2019, Ch. 153, Sec. 2. (SB 578) Effective January 1, 2020.)
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 11242.1.

11242.1. (a) The assurance specified in Section 11241 and, if applicable, the assurance specified in Section 11242, shall be delivered to the trustee or an escrow depository acceptable to the department along with an executed copy of the subsidization contract and instructions to the escrow depository signed by the developer and on behalf of the association. The instructions shall provide for both of the following:
(1) The escrow agent shall not release or exonerate the security device until it has received written notice from the association that the developer has faithfully performed all of the developer’s obligations under the subsidization contract, if applicable, and the escrow agent has received the written notices specified in paragraph (1) of subdivision (c) of Section 11241.
(2) If there is a dispute between the developer and the association with respect to the questions of satisfaction of the conditions for exoneration or release of the security, the issue or issues shall, at the request of either party, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or another third-party arbitration organization selected by the parties and in accordance with Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure.
(b) Any fee to initiate arbitration shall be submitted by the developer. The costs of arbitration shall be borne by the party as determined by the arbitrator.
(c) The agreement for the deficit subsidy, described in subdivision (a) of Section 11241, and the agreement for the buy down subsidy, described in subdivision (a) of Section 11242 may, at the option of the developer, be contained in one instrument.
(Amended by Stats. 2019, Ch. 153, Sec. 3. (SB 578) Effective January 1, 2020.)
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 11246.

11246. With each application for an amendment or renewal of a public report, and with the initial submittal of an application for a time-share plan in which sales have occurred prior to obtaining a California public report, the developer shall submit to the commissioner a certification by an independent third party acceptable to the commissioner and dated not more than three months prior to the submittal of the application, stating that the inventory control system, described in paragraph (6) of subdivision (c) of Section 11226 functions in accordance with the description set forth in that section. The certification shall be based on a random sampling of transactions performed within the six months preceding the date of the application. Inventory control systems that cover time-share estates for which the developer offers, and the title insurance company agrees to provide title insurance, shall not require certification. Independent title insurance companies licensed to do business as such in this state and independent certified public accountants shall be deemed acceptable third parties in accordance with this section.
(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 3 - Time-Share Plan Requirements › Section 11250.

11250. A time-share plan may be created in any accommodation unless otherwise prohibited. All time-share plans shall maintain a one-to-one purchaser to accommodation ratio, which means the ratio of the number of purchasers eligible to use the accommodations of a time-share plan on a given night to the number of accommodations available for use within the plan on that night, such that the total number of purchasers eligible to use the accommodations of the time-share plan during a given calendar year never exceeds the total number of accommodations available for use in the time-share plan during that year. For purposes of the calculation under this section, each purchaser must be counted at least once, and no individual accommodation may be counted more than 365 times per calendar year or more than 366 times per leap year. A purchaser who is delinquent in the payment of time-share plan assessments shall continue to be considered eligible to use the accommodations of the time-share plan for purposes of calculating the one-to-one purchaser to accommodation ratio.
(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 3 - Time-Share Plan Requirements › Section 11252.

11252. In a time-share plan offering time-share use interests, the developer shall not encumber the accommodations of the time-share plan in a manner that could materially and adversely affect the use rights of the purchasers of the accommodations without the written assent of not less than 51 percent of the time-share interest owners other than the developer. This section shall not prevent the developer from encumbering the purchaser’s use rights so long as the developer has sufficient protection as permitted by Section 11244.
(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 3 - Time-Share Plan Requirements › Section 11253.

11253. For single site time-share plans and component sites of multisite time-share plans located in this state, the time-share instrument shall require that the following insurance be at all times maintained in force to protect time-share interest owners in the time-share plan:
(a) Insurance against property damage as a result of fire and other hazards commonly insured against, covering all real and personal property comprising the time-share plan in an amount not less than 80 percent of the full replacement value of the time-share property.
(1) In a time-share use offering, the trustee shall be a named coinsured, and if for any reason, title to the accommodation is not held in trust, the association shall be named as a coinsured as the agent for each of the time-share interest owners.
(2) In a time-share estate offering, the association shall be named as a coinsured if it has title to the property or as a coinsured as agent for each of the time-share interests owners if title is held by the owners as tenants in common.
(3) If, after control of the governing body of the association has passed to the owners other than the developer, and the association amends the time-share instrument to reduce the percentage below 80 percent, the failure of the association to maintain coverage at 80 percent of replacement value shall not be grounds for denial of a public report.
(b) Liability insurance against death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the accommodations of the time-share plan.
(1) The amounts of the insurance shall be determined by the association, but shall not be less than five hundred thousand dollars ($500,000) to one million dollars ($1,000,000) for personal injury and one hundred thousand dollars ($100,000) for property damage.
(2) The liability insurance policy shall provide for all of the following:
(A) All time-share interest owners as a class are named as additional insureds in a policy issued to the association.
(B) The waiver by the insurer of its right to subrogation under the policy against any time-share interest owner or member of his or her household.
(C) No act or omission by a time-share interest owner, unless acting within the scope of his or her authority on behalf of the association, shall void the policy or operate as a condition to recovery under the policy by any other person.
(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 3 - Time-Share Plan Requirements › Section 11254.

11254. (a) In a time-share plan in which the fee or a long-term leasehold interest in all or some of the accommodations and in appurtenant real and personal property is to be transferred to the association or to a corporate trustee under a trust agreement, the conveyance shall be made prior to the closing of the escrow for the first sale of a time-share interest in the accommodation.
(b) The developer may reserve easements in the real property conveyed for purposes reasonably related to the conduct of commercial activities in the time-share property, if the developer covenants to use the easements in a manner that will minimize any adverse impact on the use and enjoyment of the accommodation by any time-share interest owner occupying it.
(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 4 - Management and Governance › Section 11265.1.

11265.1. (a) Regular and special assessments levied pursuant to the time-share instrument are delinquent 30 days after they become due, unless the time-share instrument provides a longer time period, in which case the longer time period shall apply. If an assessment is delinquent, the association may recover all of the following:
(1) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorneys’ fees.
(2) A late charge not exceeding 10 percent of the delinquent assessment or ten dollars ($10), whichever is greater, unless the time-share instrument specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the governing instrument.
(3) Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorneys’ fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the time-share instrument specifies the recovery of interest at a lower rate, in which case, the lower rate of interest shall apply.
(b) Regular assessments imposed or collected to perform the obligations of an association under the governing documents of this title shall be exempt from execution by a judgment creditor of the association only to the extent necessary for the association to perform essential services, such as paying for utilities and insurance. In determining the appropriateness of an exemption, a court shall ensure that only essential services are protected under this subdivision. This exemption shall not apply to any consensual pledges, liens, or encumbrances that have been approved by the owners of the association, constituting a quorum, casting a majority of the votes at a meeting or election of the association, or to any state tax lien, or to any lien for labor or materials supplied to the common area.
(c) The association shall provide notice by first-class mail to the owners of the time-share interests of any increase in the regular or special assessments of the association, not less than 30 days nor more than 60 days prior to the increased assessment becoming due.
(d) Associations are hereby exempted from interest rate limitations imposed by Article XV of the California Constitution, subject to the limitations of this section.
(Added by Stats. 2006, Ch. 429, Sec. 9. Effective September 22, 2006. Operation is immediate, and not delayed 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 4 - Management and Governance › Section 11266.

11266. (a) An amendment of a provision of the declaration or other document establishing the time-share plan may not be adopted without the vote or written assent of at least 25 percent of the voting power of the association residing in members other than the developer.
(b) An amendment of the articles of incorporation or association may not be enacted without the vote or written assent of at least 25 percent of the governing body and 25 percent of the voting power of the association residing in members other than the developer.
(c) An amendment of the bylaws of the association may not be enacted without the vote or written assent of at least 10 percent of the voting power of the association residing in members other than the developer.
(d) An amendment to the rules and regulations of the association may not be enacted without the vote or written assent of at least a majority of the governing body of the association.
(e) The percentage of the voting power necessary to amend a specific clause or provision in the time-share instrument, articles, or bylaws shall not be less than the prescribed percentage of affirmative votes or written assents required for action to be taken under that clause.
(f) In addition to the restrictions upon the enactment of amendments of the governing instruments set forth in this section, the governing instruments may include provisions consistent with subdivision (c) of Section 11269 whereby the vote of the developer must be given effect in the amendatory process.
(g) For a single site time-share plan or a component site of a specific time-share interest time-share plan or a nonspecific time-share interest multisite time-share plan located outside this state, that is being offered in this state, the public report shall include the following disclosure in conspicuous 14-point type:
THE DECLARATION OR OTHER DOCUMENT ESTABLISHING THIS TIME-SHARE PLAN MAY BE AMENDED BY A VOTE OF ____% OF THE MEMBERS OF THE ASSOCIATION. THE BYLAWS OF THE ASSOCIATION MAY BE AMENDED BY A VOTE OF ____% OF THE MEMBERS.
(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 4 - Management and Governance › Section 11269.

11269. (a) A member of an association including associations that provide for unequal assessments against members, shall be entitled to one vote for each time-share interest owned.
(b) An association may have two classes of members for voting purposes according to the following provisions:
(1) Each time-share interest owner other than the developer of the time-share plan shall be a class A member. If a time-share interest is owned by more than one person, each time-share interest owner shall be a class A member, but only one vote may be cast for each interest.
(2) The developer shall be the class B member and shall have one vote for each time-share interest owned by him or her which has been authorized to be offered for sale by the issuance of a public report.
(3) Class B membership shall be automatically converted to class A membership, and class B membership shall thereafter cease to exist, when the total outstanding votes held by the class B member falls below 20 percent of the total voting power of the association.
(c) Except as otherwise expressly provided, no regulation which requires the approval of a prescribed percentage of the voting power residing in members other than the developer or a prescribed percentage of the voting power of class A members, for action to be taken by the association, is intended to preclude the developers from casting votes attributable to the time-share interests which he or she owns. Governing instruments may specify the following with respect to approval of action by the membership of the association other than an action to enforce an obligation of the developer:
(1) In those associations in which class A and class B memberships exist, the vote or written assent of a prescribed percentage of the class A voting power and the vote or written assent of the class B member.
(2) In those associations in which a single class of voting membership exists, either as originally established or after the conversion of the class B membership to class A memberships, the vote or written assent of a prescribed percentage of the total voting power of the association and the vote or written assent of a prescribed percentage of the voting power of members other than the developer.
(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 4 - Management and Governance › Section 11270.

11270. (a) The governing body shall consist of three directors for an association that does not contemplate more than 100 members and either five or seven directors for an association that contemplates more than 100 members.
(b) (1) The first governing body shall consist of directors appointed by the developer. These directors shall serve until the first meeting of the association at which time an election of all of the directors for the association shall be conducted.
(2) A special procedure shall be established by the governing instruments to assure that at the first election of the governing body, and at all times thereafter, at least one of the incumbent directors has been elected solely by the votes of members other than the developer.
(3) A director who has been elected to office solely by the votes of the members of the association other than the developer may be removed from the governing body prior to the expiration of his or her term of office only by a vote of a prescribed percentage of the voting power residing in members other than the developer.
(c) The terms of office of governing body members may be staggered provided that no person may serve a term of more than three years without standing for reelection.
(d) For board of director members serving at the appointment of the developer, the developer may change the designated board member without the need of any further consent by the association. However, the term of the applicable director’s seat on the governing body shall not be affected by that change.
(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 4 - Management and Governance › Section 11271.

11271. (a) Regular meetings of the governing body of the association shall be held as prescribed in the bylaws, but not less frequently than annually.
(b) (1) Regular and special meetings of the governing body shall be held in or near the location of the time-share plan unless a meeting at another location would significantly reduce the cost to the association or the inconvenience to directors.
(2) If the time and place of the regular meeting of the governing body is not fixed by the governing instruments, notice of the time and place of meeting shall be communicated in writing, including by facsimile, electronic mail, or other form of written or electronic communication, to directors not less than 14 days prior to the meeting. However, that notice of a meeting is not required to be given to any governing body member who has signed a waiver of notice or a written consent to the holding of the meeting.
(c) (1) A special meeting of the governing body may be called by written notice signed by any two members of the governing body.
(2) The notice of a special meeting shall specify the time and place of the meeting and the nature of any special business to be considered.
(3) Notice of a special meeting shall be communicated in writing, including by facsimile, electronic mail, or other form of written or electronic communication, to directors not less than 14 days prior to the meeting. However, notice of the meeting is not required to be given to any governing body member who signed a waiver of notice or a written consent to the holding of the meeting.
(d) (1) Regular and special meetings of the governing body shall be open to all members of the association provided that members who are not on the governing body may not participate in any deliberations or discussions unless expressly so authorized by the governing body.
(2) The governing body may, with the approval of a majority of a quorum of its members, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session.
(e) A bare majority of the total members of authorized members of the governing body shall constitute a quorum for the conduct of business.
(f) The governing instruments for the time-share plan shall provide for reimbursement by the association for transportation expenses incurred and reasonable per diem payments to governing body members for attendance at regular and special meetings of the governing body.
(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 4 - Management and Governance › Section 11273.

11273. (a) The books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representative, at any reasonable time for a purpose reasonably related to membership in the association.
(b) The records shall be made available for inspection at the office where the records are maintained. Upon receipt of an authenticated written request from a member along with the fee prescribed by the governing body to defray the costs of reproduction, the managing entity or other custodian of records of the association or the time-share plan shall prepare and transmit to the member a copy of any and all records requested.
(c) The governing body shall establish reasonable rules with respect to all of the following:
(1) Notice to be given to the managing entity or other custodian of the records by the member desiring to make the inspection or to obtain copies.
(2) Hours and days of the week when a personal inspection of the records may be made.
(3) Payment of the cost of reproducing copies of records requested by a member.
(d) Every governing body member shall have the absolute right at any time to inspect all books, records, and documents of the association and all real and personal properties owned and controlled by the association.
(e) The association shall maintain among its records a complete list of the names and addresses of all owners of time-share interests in the time-share plan. The association shall update this list no less frequently than every six months. Unless otherwise provided in the time-share instruments, the association may not publish this owner’s list or provide a copy of it to any time-share interest owner or to any third party or use or sell the list for commercial purposes.
(f) For single site time-share plans and component sites of a multisite time-share plan located outside of the state, the association shall be subject to the provisions set forth in this section. The association must be in compliance with the applicable laws of the state or jurisdiction in which the time-share property or component site is located, and if a conflict exists between laws of the situs state and the requirements set forth in this section, the law of the situs state shall control. If the association and the time-share instruments provide for the matters contained in this section, the association shall be deemed to be in compliance with the requirements of this section and neither the developer nor the association shall be required to make revisions to the time-share instruments in order to comply with the section.
(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 5 - Powers, Investigation, and Enforcement › Section 11280.

11280. (a) Except as specifically provided in this section, the regulation of time-share plans and exchange programs is an exclusive power and function of the state. A unit of local government may not regulate time-share plans or exchange programs.
(b) Notwithstanding subdivision (a), no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, or building code or other real estate use law, ordinance, or regulation.
(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 5 - Powers, Investigation, and Enforcement › Section 11281.

11281. The commissioner may adopt, repeal, or amend forms and regulations that are necessary to effectuate the intent of the Legislature in carrying out this chapter. These forms and regulations and any order, permit, decision, demand, or requirement issued by the commissioner shall be in writing and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government 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 5 - Powers, Investigation, and Enforcement › Section 11282.

11282. The commissioner may investigate the actions or qualifications of any person or persons holding or claiming to hold a public report under this chapter.
(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 5 - Powers, Investigation, and Enforcement › Section 11283.

11283. (a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist and refrain from those acts and omissions or from the further sale or lease of interests in the time-share plan until the condition has been corrected:
(1) The person has violated or caused the violation of any provision of this chapter or the regulations pertaining thereto.
(2) The person has violated or caused a violation of Section 17537, 17537.1, 17537.2, or 17539.1, in advertising or promoting the sale of time-share interests.
(3) The person has failed to fulfill representations or assurances with respect to the time-share plan or the time-share offering upon which the department relied in issuing a public report.
(4) The person has failed to inform the department of material changes that have occurred in the time-share or time-share offering that have caused the 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 or her, 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 those 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.
(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 5 - Powers, Investigation, and Enforcement › Section 11284.

11284. Notwithstanding any other provisions of this chapter or of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the commissioner may negotiate agreements with registrants and applicants resulting in disciplinary consent orders. The consent order may provide for any form of discipline provided for in this chapter. The consent order shall provide that it is not entered into as a result of any coercion by the commissioner. The consent order shall be accepted by signature or rejected by the commissioner in a timely manner.
(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 5 - Powers, Investigation, and Enforcement › Section 11285.

11285. An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any time-share interest owner or association against the developer, seller, or marketer of time-share interests, an escrow agent, or the managing entity. Relief under this section does not exclude other remedies provided by law.
(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 5 - Powers, Investigation, and Enforcement › Section 11286.

11286. (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report that 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), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the 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. 23. (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 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 5 - Powers, Investigation, and Enforcement › Section 11287.

11287. Any person who violates Section 11226, 11227, 11234, 11244, 11245, or 11283, is guilty of a public offense punishable by a fine not to exceed ten thousand dollars ($10,000), 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 the fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 24. (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 2 - The Vacation Ownership and Time-Share Act of 004 › ARTICLE 5 - Powers, Investigation, and Enforcement › Section 11288.

11288. This chapter shall take effect on July 1, 2005.
(Added by Stats. 2004, Ch. 697, Sec. 14. Effective January 1, 2005. Note: This section prescribes a delayed operative date for Chapter 2, commencing with Section 11210.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 3 - LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS › Section 11300.

11300. This part may be cited as the Real Estate Appraisers’ Licensing and Certification Law.
(Added by Stats. 1990, Ch. 491, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 3 - LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS › Section 11301.

11301. (a) There is hereby created within the Department of Consumer Affairs a Bureau of Real Estate Appraisers to administer and enforce this part.
(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this part, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this part were scheduled to be repealed as of January 1, 2026.
(Amended by Stats. 2021, Ch. 431, Sec. 37. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 1 - Purpose and Definitions › Section 11500.

11500. For purposes of this chapter, the following definitions apply:
(a) “Common interest development” means a residential development identified in Section 4100 of the Civil Code.
(b) “Association” has the same meaning as defined in Section 4080 of the Civil Code.
(c) “Financial services” means acts performed or offered to be performed, for compensation, for an association, including, but not limited to, the preparation of internal unaudited financial statements, internal accounting and bookkeeping functions, billing of assessments, and related services.
(d) “Management services” means acts performed or offered to be performed in an advisory capacity for an association including, but not limited to, the following:
(1) Administering or supervising the collection, reporting, and archiving of the financial or common area assets of an association or common interest development, at the direction of the association’s board of directors.
(2) Implementing resolutions and directives of the board of directors of the association elected to oversee the operation of a common interest development.
(3) Implementing provisions of governing documents, as defined in Section 4150 of the Civil Code, that govern the operation of the common interest development.
(4) Administering association contracts, including insurance contracts, within the scope of the association’s duties or with other common interest development managers, vendors, contractors, and other third-party providers of goods and services to an association or common interest development.
(e) “Professional association for common interest development managers” means an organization that meets all of the following:
(1) Has at least 200 members or certificants who are common interest development managers in California.
(2) Has been in existence for at least five years.
(3) Operates pursuant to Section 501(c) of the Internal Revenue Code.
(4) Certifies that a common interest development manager has met the criteria set forth in Section 11502 without requiring membership in the association.
(5) Requires adherence to a code of professional ethics and standards of practice for certified common interest development managers.
(Amended by Stats. 2012, Ch. 181, Sec. 13. (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 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 1 - Purpose and Definitions › Section 11501.

11501. (a) “Common interest development manager” means an individual who for compensation, or in expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity of providing management or financial services to an association. Notwithstanding any other provision of law, an individual may not be required to obtain a real estate or broker’s license in order to perform the services of a common interest development manager to an association.
(b) “Common interest development manager” also means any of the following:
(1) An individual who is a partner in a partnership, a shareholder or officer in a corporation, or who, in any other business entity acts in a capacity to advise, supervise, and direct the activity of a registrant or provisional registrant, or who acts as a principal on behalf of a company that provides the services of a common interest development manager.
(2) An individual operating under a fictitious business name who provides the services of a common interest development manager.
This section may not be construed to require an association to hire for compensation a common interest development manager, unless required to do so by its governing documents. Nothing in this part shall be construed to supersede any law that requires a license, permit, or any other form of registration, to provide management or financial services. Nothing in this section shall preclude a licensee of the California Board of Accountancy from providing financial services to an association within the scope of his or her license in addition to the preparation of reviewed and audited financial statements and the preparation of the association’s tax returns.
(Amended by Stats. 2007, Ch. 236, Sec. 3. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 2 - Certified Common Interest Development Manager › Section 11502.5.

11502.5. The course related competency examination or examinations and education provided to a certified common interest development manager pursuant to Section 11502 by any professional association for common interest development managers, or any postsecondary educational institution, shall be developed and administered in a manner consistent with standards and requirements set forth by the American Educational Research Association’s “Standards for Educational and Psychological Testing,” and the Equal Employment Opportunity Commission’s “Uniform Guidelines for Employee Selection Procedures,” the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act of 1990, or the course or courses that have been approved as a continuing education course or an equivalent course of study pursuant to the regulations of the Real Estate Commissioner.
(Amended by Stats. 2007, Ch. 236, Sec. 5. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 2 - Certified Common Interest Development Manager › Section 11503.

11503. A “certified common interest development manager” does not include a common interest development management firm.
(Added by Stats. 2002, Ch. 1116, Sec. 5. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 3 - Disclosure Requirements › Section 11504.

11504. On or before September 1, 2003, and annually thereafter, a person who either provides or contemplates providing the services of a common interest development manager to an association shall disclose to the board of directors of the association the following information:
(a) Whether or not the common interest development manager has met the requirements of Section 11502 so he or she may be called a certified common interest development manager.
(b) The name, address, and telephone number of the professional association that certified the common interest development manager, the date the manager was certified, and the status of the certification.
(c) The location of his or her primary office.
(d) Prior to entering into or renewing a contract with an association, the common interest development manager shall disclose to the board of directors of the association or common interest development whether the fidelity insurance of the common interest development manager or his or her employer covers the current year’s operating and reserve funds of the association. This requirement shall not be construed to compel an association to require a common interest development manager to obtain or maintain fidelity insurance.
(e) Whether the common interest development manager possesses an active real estate license.
(f) A common interest development manager or common interest development management firm shall disclose information required in Section 5375 of the Civil Code.
(g) Whether or not the common interest development manager receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to Section 5300 of the Civil Code.
(h) An affirmative written acknowledgment that the disclosure provided to a member or potential member pursuant to Sections 4528 and 5300 of the Civil Code, and all documents provided thereunder, are the property of the association and not its managing agent or the agent’s managing firm.
(Amended by Stats. 2017, Ch. 127, Sec. 1. (AB 690) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 4 - Unfair Business Practices › Section 11505.

11505. It is an unfair business practice for a common interest development manager, a company that employs the common interest development manager, or a company that is controlled by a company that also has a financial interest in a company employing that manager, to do any of the following:
(a) On or after July 1, 2003, to hold oneself out or use the title of “certified common interest development manager” or any other term that implies or suggests that the person is certified as a common interest development manager without meeting the requirements of Section 11502.
(b) To state or advertise that he or she is certified, registered, or licensed by a governmental agency to perform the functions of a certified common interest development manager.
(c) To state or advertise a registration or license number, unless the license or registration is specified by a statute, regulation, or ordinance.
(d) To fail to comply with any item to be disclosed in Section 11504 of this code, or Section 5375 of the Civil Code.
(Amended by Stats. 2012, Ch. 181, Sec. 16. (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 4 - CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER › CHAPTER 5 - Sunset Review › Section 11506.

11506. This part shall be subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2018, Ch. 571, Sec. 30. (SB 1480) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12005.

12005. Whenever any provision of this division makes reference to the National Bureau of Standards, that reference shall be construed to include the National Institute of Standards and Technology.
(Added by Stats. 1989, Ch. 1047, Sec. 1.)