reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 11 - By-Laws; Mandatory Provisions

Section 11. In addition to other provisions required or permitted by law, the by-laws of the organization of unit owners shall provide at all times for at least the following:—
(a) The method of providing for the necessary work of maintenance, repair and replacement of the common areas and facilities and payments therefor, including the method of approving payment vouchers.
(b) The manner of collecting from the unit owners their share of the common expenses.
(c) The procedure for hiring all personnel, including whether or not a manager or managing agent may be engaged.
(d) The method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
(e) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, not set forth in the master deed, as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 12 - By-Laws; Additional Provisions

Section 12. The by-laws may also provide:—
(a) A method for determining the fair market value of the unit and of the condominium in cases arising under sections seventeen and eighteen by submitting the matter to arbitration by a board consisting of one member chosen by the dissenting unit owner, one member chosen by the organization of unit owners, and one member chosen by the two members so selected.
(b) A procedure for submitting the disputes arising from the administration of the condominium to arbitration.
(c) A right of first refusal by the organization of unit owners in case of the sale of a unit, such right to be exercised within thirty days after written notice of intent to sell is given to such organization, provided, however, that this right shall not be exercised so as to restrict alienation, conveyance, sale, leasing, purchase, ownership and occupancy of units because of race, creed, color, national origin or sex.
(d) Such other provisions as may be deemed necessary for the management and regulation of the organization of unit owners or the condominium not inconsistent with this chapter and the master deed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 13 - Claims Involving Common Areas and Facilities; Liability

Section 13. All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such claims shall be made only against common funds or property held by the organization of unit owners and not against the common areas and facilities themselves other than the leasehold of any lease included therein. After such common funds and property have been exhausted, individual unit owners shall be liable for the balance due, if any, provided, however, that the amount for which a unit owner is liable shall be limited to a sum equal to the amount of his percentage interest in the common areas and facilities times the balance due.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 14 - Taxation and Betterment Assessments; Lien

Section 14. Each unit and its interest in the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes but the common areas and facilities, the building and the condominium shall not be deemed to be a taxable parcel. Except as provided in section 53E3/4 of chapter 44 and section 127B1/2 of chapter 111, betterment assessments or portions thereof, annual sewer use charges, water rates and charges and all other assessments, or portions thereof, rates and charges of every nature due to a city, town or district with respect to the condominium or any part thereof, other than real estate taxes, may be charged or assessed to the organization of unit owners; provided, however, that any lien of the city, town or district provided by law therefor shall attach to the units in proportion to the percentages, set forth in the master deed on record, of the undivided interests of the respective units in the common areas and facilities.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 16 - Submission of Property to This Chapter

Section 16. The owners of any land may submit the land under this chapter by the recording in the registry of deeds of a master deed or, if the land is registered under chapter 185 and the owners do not wish to withdraw the land from the operations of said chapter 185, by filing the master deed under said chapter 185. If the whole or a portion of the land submitted under this chapter is registered land under said chapter 185, the recording of a master deed shall be a sufficient ground for withdrawal of the registered land from said chapter 185.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 17 - Rebuilding Following Casualty Loss; Partition Upon Disapproval; Repair or Restoration Upon Approval; Purchase From Dissenting Owner

Section 17. (a) Rebuilding of the common areas and facilities made necessary by fire or other casualty loss shall be carried out in the manner set forth in the by-law provision dealing with the necessary work of maintenance, repair and replacement, using common funds, including the proceeds of any insurance, for that purpose, provided such casualty loss does not exceed ten per cent of the value of the condominium prior to the casualty.
(b) If said casualty loss exceeds ten per cent of the value of the condominium prior to the casualty, and
(1) If seventy-five per cent of the unit owners do not agree within one hundred and twenty days after the date of the casualty to proceed with repair or restoration, the condominium, including all units, shall be subject to partition at the suit of any unit owner. Such suit shall be subject to dismissal at any time prior to entry of an order to sell if an appropriate agreement to rebuild is filed. The net proceeds of a partition sale together with any common funds shall be divided in proportion to the unit owners' respective undivided ownership in the common areas and facilities. Upon such sale, the condominium shall be deemed removed from the provisions of this chapter.
(2) If seventy-five per cent of the unit owners agree to proceed with the necessary repair or restoration, the cost of the rebuilding of the condominium, in excess of any available common funds, including the proceeds of any insurance, shall be a common expense, provided, however, that if such excess cost exceeds ten per cent of the value of the condominium prior to the casualty, any unit owner who did not so agree may apply to the superior court of the county in which the condominium is located on such notice to the organization of unit owners as the court shall direct, for an order directing the purchase of his unit by the organization of unit owners at the fair market value thereof as approved by the court. The cost of any such purchase shall be a common expense.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 18 - Improvements; Costs

Section 18. (a) If fifty per cent or more but less than seventy-five per cent of the unit owners agree to make an improvement to the common areas and facilities, the cost of such improvement shall be borne solely by the owners so agreeing.
(b) Seventy-five per cent or more of the unit owners may agree to make an improvement to the common areas and facilities and assess the cost thereof to all unit owners as a common expense, but if such improvement shall cost in excess of ten per cent of the then value of the condominium, any unit owner not so agreeing may apply to the superior court of the county in which the property is located, on such notice to the organization of unit owners as the court shall direct, for an order directing the purchase of his unit by the organization of unit owners at fair market value thereof as approved by the court. The cost of any such purchase shall be a common expense.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 19 - Removal From Provisions of This Chapter

Section 19. (a) Seventy-five per cent of the unit owners, or such greater percentage as is stipulated in the by-laws, may remove all of a condominium or portion thereof from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens upon any of the units affected consent thereto by instruments duly recorded. Upon such removal, the condominium, including all the units, or the portion thereof thus removed shall be owned in common by the unit owners and the organization of unit owners shall be dissolved, unless it is otherwise provided in the removal instrument. The undivided interest in the property owned in common held by each unit owner shall be equal to the percentage of the undivided interest of such owner in the common areas and facilities.
(b) Such removal shall not bar the subsequent resubmission of the land and buildings involved to the provisions of this chapter.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 20 - Municipal Participation in Condominium Organization and Ownership

Section 20. Notwithstanding any other provision of general or special law, a city or town may own a unit of a condominium under this chapter, participate in the organization of unit owners and be liable for its share of the common expenses of the condominium. Said city or town may either purchase a unit of a condominium or, if the city or town intends to become the owner of such a unit and use the same for municipal purposes, it may contract for the creation of a condominium and for the advancement to the city or town of the acquisition costs allocable to all other units therein. It may acquire land therefor or devote thereto land already owned by it, construct, reconstruct or remodel a building thereon subject however to the provisions of chapter one hundred and forty-nine notwithstanding that said building is not intended solely for municipal uses, and execute and record a master deed submitting such land and building to the provisions of this chapter. Upon the completion of the said construction, reconstruction or remodelling it may convey to such other parties to said contract such units as have been paid for in the proportion of the aggregate cost allocable to their stipulated units. The authority contained in this section shall be exercised, in the case of the city of Boston, by its public facilities commission, in the case of a city having a Plan E charter, by the affirmative vote of a majority of its city council, in the case of any other city, by its city council subject to the provisions of its city charter, and in the case of a town, by its town meeting.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 22 - Foreclosure of Condominium Development; Liability of Lender and Developer

Section 22. In the event of a foreclosure upon a condominium development, the lender taking over the project shall succeed to any obligations the developer has with the unit owners and to the tenants, except that the developers shall remain liable for any misrepresentation already made and for warranties on work done prior to the transfer.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 23 - Prior Consent for Amendment of Deed, Trust or Bylaw

Section 23. Where the master deed, declaration of trust or bylaws of a condominium submitted under this chapter requires the consent of mortgagees prior to amending said deed, trust or bylaws, consent shall be deemed given if the following conditions are satisfied: (i) written notice of the proposed amendment to the master deed, declaration of trust or bylaws, was provided to each mortgagee who holds a first mortgage on a unit within the condominium; (ii) the governing body of the organization of unit owners provided the notice by first class mail and certified mail, return receipt requested; and (iii) the mortgagee fails to respond or object within 60 days of the date of mailing such notice. In the event of any conflict between this section and the master deed, trust or bylaws or other governing documents of the condominium, this section shall control.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 3 - Estates in Fee Simple; Estates for Years; Separate Estates; Taxes and Assessments; Recording Documents

Section 3. (a) Except as otherwise provided in this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the character and incidents of such an estate at common law, and a grant of an estate in a unit conferring the right of possession during five or more separated time periods over a finite number of years equal to five or more, including extension or renewal options, creates an estate for years having the character and incidents of such an estate at common law.
(b) Each time-share estate constitutes for all purposes a separate estate in real property; provided, however, that a time-share property shall be considered one parcel of real estate for the assessment and collection of real estate taxes, betterment assessments or portions thereof, annual sewer use charges, water rates and charges, and all other assessments or portions thereof, rates and charges of every nature, due to a city, town or district with respect to the time-share property. Notices of assessments and bills for taxes shall be furnished to and paid by the managing entity, if any, as agent for the time-share owners, or if there is no managing entity, to each time-share owner. The managing entity shall give notice of such assessment to the time-share owners.
(c) A document transferring or encumbering a time-share estate may not be rejected for recording because of the nature or duration of such estate.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 4 - Agreements Varying Chapter Prohibited; Waiver of Rights

Section 4. Except as otherwise expressly provided in this chapter, provisions of this chapter shall not be varied by agreement, and rights conferred by this chapter shall not be waived. A developer shall not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or of the time-share instrument.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 5 - Unconscionable Contracts

Section 5. (a) The court, upon finding as a matter of law that a time-share contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce such contract, may enforce the remainder of the contract without the unconscionable clause, or may limit the application of any such unconscionable clause in order to avoid an unconscionable result.
(b) Whenever it is claimed, or appears to said court, that such contract or contract clause is unconscionable, the court shall afford the parties a reasonable opportunity to present evidence as to:
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;
(3) the effect and purpose of the contract or clause; and
(4) if a sale, any gross disparity, at the time of contracting, between the amount charged for the time-share and the value of the time-share measured by the price at which similar time-shares were readily obtainable, but a disparity between the contract price and the value of the time-share measured by the price at which a similar time-share was readily obtainable in similar transactions shall not, of itself, render the contract unconscionable.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 7 - Remedies; Liberal Administration; Damages; Judicial Enforcement

Section 7. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
(b) Any right or obligation established by this chapter shall be enforceable by judicial proceeding.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 8 - Laws Supplementary to Chapter

Section 8. The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause shall supplement the provisions of this chapter, except to the extent such principles are inconsistent with this chapter.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 9 - Conflicts With Other Laws

Section 9. In the event of any conflict between this chapter and chapter one hundred and eighty-three A or chapter one hundred and fifty-seven, the provisions of this chapter shall prevail, but this chapter does not invalidate or otherwise affect rights or obligations vested under said chapter one hundred and eighty-three A or said chapter one hundred and fifty-seven, or the manner of their exercise or enforcement.
The subdivision control law shall not apply to the division of a building into time-share units or to the creation of time-shares in a unit.
Nothing in this chapter shall be deemed to limit or otherwise affect the authority of the board of registration of real estate brokers and salesmen to regulate out-of-state real property sales within the commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 10 - Implied Repeals by Subsequent Legislation

Section 10. This chapter being intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed in whole or in part by subsequent legislation if such construction can reasonably be avoided.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 11 - Project Instruments; Creation of Time-Shares; Amendments

Section 11. If all of the documents constituting the project instrument are recorded, time-shares shall not be created in any unit in a project unless expressly permitted by the project instrument. No amendment to a project instrument which is recorded shall permit the creation of time-shares unless the owners of at least eighty per cent of the units, or any larger vote required by the project instrument or by law, consent to such amendment.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 12 - Instruments for Creation of More Than Twelve Time-Shares in Single Property; Recording; Contents

Section 12. (a) Except as provided in subsection (b), more than twelve time-shares may be created in a single time-share property only by a time-share instrument recorded in the registry of deeds or land registration office for the district in which the time-share unit is situated. Said instrument shall contain or provide for the following:
(1) a legally sufficient description of the time-share property and the name or other identification of the project, if any, within which it is situated;
(2) the name of the registry district or land registration office in which the time-share property is situated;
(3) identification of time periods by letter, name, number, or combination thereof;
(4) the time-share expense liability and any voting rights assigned to each time-share;
(5) if additional units may become part of the time-share property, the method of doing so and the formula for allocation and reallocation of the time-share expense liabilities and any votes;
(6) the method of designating the insurance trustee required under section twenty-six;
(7) allocation of time for maintenance of the time-share units;
(8) provisions for management by a managing entity or by the time-share owners;
(9) if all of the time-shares are time-share licenses, the rights of a licensee, if his license is terminated, with respect to any of the property his license affects, or a statement that he has no rights; and
(10) any requirements for amendments to the time-share instrument.
(b) If a time-share license applies to units in more than one time-share property, the time-share instrument creating the license need not comply with the provisions of clauses (1) to (7), inclusive, of subsection (a).
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 13 - Instruments; Allocation of Votes and Expense Liabilities; Alteration

Section 13. (a) The time-share instrument shall state the amount of or formula used to determine any time-share expense liability allocated to each time-share.
(b) If the time-share instrument provides for voting, it shall allocate votes to each time-share unit and to each time-share estate and may allocate votes to any time-share license. It shall not allocate any votes to any other property or to any person who is not a time-share owner. The number of votes allocated to each time-share shall be equal for all time-shares or proportionate to each time-share's value as estimated by the developer, time-share expense liability, or unit size. The time-share instrument may specify some matters as to which the votes shall be equal and others as to which they shall be proportionate.
(c) Except as otherwise provided pursuant to clause (5) of subsection (a) of section twelve, the votes and time-share expense liabilities allocated to a time-share shall not be altered without the unanimous consent of all time-share owners entitled to vote and voting at a meeting in which at least eighty per cent of the votes allocated to time-shares are cast or in an initiative or referendum in which at least eighty per cent of said votes are cast.
(d) Except for minor variations due to rounding, the sum of the time-share expense liabilities assigned to all time-shares shall equal one if stated as fractions or one hundred per cent if stated as percentages. In the event of discrepancy between the time-share liabilities or votes allocated to a time-share and the result derived from the application of the formulas, the allocated time-share expense liability or vote prevails.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 16 - Sales or Management Offices; Models; Signs

Section 16. A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location, and relocation thereof. He may maintain signs on the property advertising the property. The provisions of this section shall be subject to other provisions of law, local ordinances or by-laws and the project instruments.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 17 - Instruments; Approval of Actions of Owners, Developer, or Managing Entity

Section 17. The time-share instrument may require that all or a specified number or percentage of the mortgagees of units or time-shares approve specified actions of the unit owners, time-share owners, developer, or managing entity as a condition to the effectiveness of said actions, but a requirement for approval shall not operate to (i) deny or delegate control over the general administrative affairs of any association by the unit owners, time-share owners, or both, or their elected representatives, or (ii) to prevent any association from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds pursuant to section twenty-six.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 18 - Deeds; Notice of Lease or License; Recording; Contents

Section 18. A time-share estate, coupled with a freehold estate, shall be evidenced by a time-share deed, and a time-share estate, coupled with an estate for years shall be evidenced by a notice of time-share lease. A time-share license shall be evidenced by a notice of time-share license. Said deed, notice of time-share lease or notice of time-share license shall be recorded in the registry of deeds or land registration office for the district in which the time-share property is located; provided however, that the number of time-shares in a time-share property is more than twelve. The time-share deed shall include the information required by law to be set forth in a deed of real property and the notice of time-share lease or notice of time-share license shall include the information required by law to be set forth in a notice of lease. In addition such deed or notice shall include:
(1) a statement that the instrument relates to a time-share and is subject to the provisions of this chapter;
(2) a description of the time-share including designation of the unit or units, and the time-share property in which it is located;
(3) the book, page and date of recording of all time-share instruments denominating, creating or regulating the time-share;
(4) a statement of the use for which the time-share is intended and the restrictions, if any, on its use;
(5) the time-share expense liability and any voting rights assigned to the time-share; and
(6) any further provisions which the parties may deem desirable to set forth, consistent with the time-share instruments and the provisions of this chapter.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 19 - Managing Entity

Section 19. (a) If the number of time-shares in a time-share property is more than twelve, the developer, before the first transfer of a time-share, shall create or provide a managing entity to manage the time-share property. The managing entity may be (i) a manager, who may be the developer, or (ii) an association, which shall be a profit or nonprofit corporation or an unincorporated association, the membership of which shall at all times consist exclusively of all the time-share owners. If the time-share property is part of a project containing time-share units and other units, the manager may be the entity that governs the project. If the number of time-shares in the time-share property is twelve or fewer and there is no managing entity, the time-share owners may form an association meeting the requirements specified above.
(b) In the absence of a managing entity required by this section, a court upon application of a party in interest, including a time-share owner or a lien holder, may appoint and prescribe the powers of a managing entity.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 21 - Powers and Duties of Developer

Section 21. The developer shall have the duties imposed on the managing entity by this chapter and the powers set forth in clauses (1) to (11), inclusive, of subsection (a) of section twenty until a managing entity is provided or the developer and his affiliates own no estate or interest in the time-share property, whichever first occurs. Thereafter, if there is no managing entity and the number of time-shares in the time-share property is twelve or fewer, the time-share owners shall have said powers subject to any provisions of the time-share instrument relating to the manner of the exercise thereof and shall have the responsibilities and liabilities of an association for the purposes of sections twenty-four and twenty-five. To the extent that the time-share instrument is silent with respect to the manner of exercise of any of said powers, the time-share owner may exercise said powers only by unanimous action.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 23 - Contracts or Leases Between Developer and Managing Entity; Termination by Association or Owners

Section 23. (a) If, before the developer ceases to appoint, control or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities between the managing entity and the developer or an affiliate of the developer, or (ii) any other contract or lease, between the managing entity and the developer or an affiliate of the developer, or (iii) any contract or lease that is not bona fide or was unconscionable to the time-share owners at the time entered into under the circumstances then prevailing, the contract or lease may be terminated without penalty by the association or, if there is no association, the time-share owners at any time after the developer ceases to appoint, control or serve as the managing entity, upon not less than ninety days' notice to the other party. This subsection shall not apply to any lease the termination of which would terminate the time-share property or reduce its size, unless the real estate subject to said lease was included in the property for the purpose of avoiding the right to terminate a lease under this section.
(b) If there is no association, any time-share owner individually or on behalf of the class of time-share owners may maintain an action for appropriate relief.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner

Section 24. Except to the extent otherwise provided by the time-share instrument, the managing entity shall be responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, other than personal property separately owned by a time-share owner. Each time-share owner shall afford access to his time-share unit reasonably necessary for said purposes, but if damage is inflicted on a time-share unit to which access is taken, the managing entity shall be responsible for its prompt repair. Subject to the provisions of the time-share instrument and other provisions of law, a time-share owner shall not alter or change the appearance of a time-share unit without the consent of the managing entity.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 25 - Liability of Owners; Actions Involving Owners, Developers, or Associations; Tolling of Limitations; Judgments Against Associations

Section 25. (a) A time-share owner shall be personally liable for his acts and omissions and those of his employees and agents other than the managing entity.
(b) An action shall not be maintained against a time-share owner, nor shall a time-share owner be precluded from maintaining an action, solely because he owns a time-share or is an officer, director, or member of the association.
(c) An action in tort alleging a wrong done by a developer, a managing entity selected by the developer or his appointees, or an agent or employee of either, in connection with any portion of the property which the developer or the managing entity has the responsibility to maintain, shall not be maintained against the association or any other time-share owner other than the developer. Other actions in tort alleging a wrong done by an association or by an agent or employee of the association or an action arising from a contract made by or on behalf of the association shall be maintained only against the association. If the tort or breach of contract occurred during any period of developer control, the developer shall be subject to liability for all unreimbursed losses suffered by the association or time-share owners as a result, including costs and reasonable attorney's fees. The operation of any statute of limitations affecting the right of action of the association or time-share owners under this section shall be tolled until the period of developer control terminates. A time-share owner shall not be precluded from maintaining an action contemplated by this subsection because he is a time-share owner or a member or officer of the association.
(d) A judgment for money against an association, if recorded in the registry of deeds or land registration office for the district in which the time-share property is located, shall be a lien against all of the time-shares, but no other property of a time-share owner shall be subject to the claims of creditors of the association.
(e) A judgment against the association shall be indexed in the name of the association.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 27 - Surplus Funds

Section 27. Unless otherwise provided in the time-share instrument, the by-laws, rules or regulations of the time-share association or otherwise determined by the time-share owners at a meeting of time-share owners or pursuant to either section thirty-three or thirty-four, any surplus funds derived from the time-share owners or from property belonging to said time-share owners or their association and held by a managing entity remaining after payment of or provision for time-share expenses and any required reserves shall be paid to the time-share owners in proportion to their time-share expense liabilities or credited to them to reduce their future time-share expense assessments.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds

Section 28. (a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been made against the time-share owners, time-share expense assessments shall be made at least annually, based on a budget adopted at least annually by the managing entity. At the time the time-share owners are notified of the amount of the assessment for the current year, the time-share owners shall be provided with a copy of the budget prepared in accordance with the provisions of clause (6) of subsection (a) of section thirty-eight and an accounting of income and expenses for the preceding year.
(b) Except for assessments under subsections (c), (d) and (e), all time-share expenses shall be assessed against all the time-shares in accordance with the allocation set forth in the time-share instrument pursuant to section thirteen. Any past due assessment or installment thereof shall bear interest at the rate established by the managing entity or time-share instrument not exceeding eighteen per cent per annum.
(c) To the extent required by the time-share instrument any time-share expense directly related to a time-share unit and incurred in providing a service or facilities which are available to fewer than all of the time-share owners may be assessed exclusively against the time-share owners benefited.
(d) Assessments to pay a judgment against the association shall be made only against the time-shares in the time-share property at the time the judgment was entered, in proportion to their time-share expense liabilities.
(e) If any time-share expense is caused by the misconduct of any time-share owner, the association may assess said expense exclusively against his time-share.
(f) If time-share expense liabilities are reallocated, time-share expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated time-share expense liabilities.
(g) Any amount identified in the budget as an amount to be reserved for the repair or replacement of the time-share unit or the furnishings, equipment and appliances located therein, shall be segregated by the managing entity, held in trust and used only for the specified purpose for which the reserve was collected unless the time-share owners, at a meeting of time-share owners, or pursuant to either section thirty-three or thirty-four determine to spend said funds for other purposes. Any ballot for any proposal to spend reserve funds for purposes other than that for which they were collected shall be accompanied by an explanation in plain language of the reasons therefor and consequences if any of so doing.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 30 - Financial Records

Section 30. A person who has a duty to make assessments for time-share expenses shall keep financial records sufficiently detailed to enable him to comply with section forty-two. All financial and other records shall be made reasonably available for examination by any time-share owner or his authorized agent.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 31 - Third Persons Dealing With Trustee

Section 31. A third person dealing with a trustee, pursuant to the provisions of section fifteen or twenty-six, may assume without inquiry the existence of trust powers and the proper exercise thereof by the trustee. A third person shall not be bound to inquire whether the trustee has power to act as trustee or is properly exercising trust powers, and a third person without actual knowledge that the trustee is exceeding or improperly exercising his powers shall be fully protected in dealing with the trustee as if the trustee possessed and was properly exercising the powers he purports to exercise. A third person shall not be bound to assure the proper application of trust assets paid or delivered to the trustee in his capacity as trustee.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 34 - Referendum to Amend Project Instrument or Other Matters

Section 34. (a) No amendment to the project instrument may be adopted except pursuant to this section or section thirty-three. The project instrument may specify other matters to be determined by referendum of the owners and may permit the managing entity to select matters to be determined in said manner.
(b) If an amendment to a project instrument proposed by the managing entity, or other matter, is to be determined by referendum, the managing entity shall prepare and, not less than thirty or more than one hundred and eighty days before the votes are be counted, shall mail to each owner a ballot stating each matter to be determined and affording the opportunity to vote ''yes'' or ''no'' on each matter. The ballot may be accompanied by a letter from the managing entity recommending a particular decision.
(c) On the date specified pursuant to clause (2) of subsection (c) of section thirty-two, the managing entity shall examine the ballots that have been returned and calculate the vote accordingly. A simple majority of the votes counted shall determine each matter unless the project instrument specifies a larger majority, but no matter may be determined by referendum unless the ballots favoring the majority decision represent at least twenty-five per cent of the votes allocated to all owners.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 36 - Dispositions or Offerings for Which Public Offering Statement or Other Materials Not Required

Section 36. (a) Sections thirty-six to fifty-five, inclusive, shall apply to all time-shares subject to this chapter except as provided in subsection (b).
(b) Neither a public offering statement nor the materials required by section forty-two need be prepared or delivered in the case of:
(1) a gratuitous disposition of a time-share;
(2) a disposition pursuant to court order;
(3) a disposition by a government or governmental agency;
(4) a disposition by foreclosure or deed in lieu of foreclosure;
(5) a disposition that may be cancelled at any time and for any reason by the purchaser without penalty;
(6) a disposition of a time-share in a unit situated wholly outside the commonwealth pursuant to a contract executed wholly outside the commonwealth, if there has been no offering within the commonwealth;
(7) an offering by a developer of time-shares in no more than one time-share unit at any one time; or
(8) A disposition of a time-share property or all time-shares therein to one purchaser.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 37 - Public Offering Statements; Responsibility for Preparation; Liability for Misleading Statement; Multi-Location Plans

Section 37. (a) Except as provided in subsection (b), a developer, prior to the offering of any interest in a unit to the general public, shall prepare a public offering statement conforming to the requirements of sections thirty-eight, thirty-nine and forty.
(b) A developer may transfer responsibility for preparation of all or a part of the public offering statement to a successor developer or to a person in the business of selling real estate who intends to offer time-shares in the time-share property for his own account. In the event of said transfer of responsibility, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).
(c) Any developer, agent of a developer or person in the business of selling real estate who offers a time-share for his own account to a purchaser shall deliver a public offering statement in the manner prescribed in subsection (a) of section forty-one. The person who prepared all or a part of the public offering statement shall be liable under sections forty-one and forty-nine for any false or misleading statement set forth therein or for any omission of material fact therefrom with respect to that portion of the public offering statement which he prepared. If a developer, agent of a developer or said person in the business of selling real estate did not prepare any part of a public offering statement that he delivers, he shall not be liable for any false or misleading statement set forth therein or for any omission of material fact therefrom unless he had actual knowledge of the statement or omission, or in the exercise of reasonable care, should have known of the statement or omission.
(d) If a time-share property is part of any other real estate multi-location plan in connection with the sale of which the delivery of a public offering statement is required, a single public offering statement conforming to the requirements of sections thirty-eight, thirty-nine and forty as said requirements relate to all real estate multi-location plans in which the time-share property is located, and to any other requirements imposed by law, may be prepared and delivered in lieu of providing two or more public offering statements.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 39 - Public Offering Statements; Conversion Buildings; Contents

Section 39. (a) If a conversion building that includes or is to include one or more time-share units is more than ten years old and the developer or any affiliates of the developer own or control more than fifty per cent of all units in the project, the public offering statement shall contain, in addition to the information required by section thirty-eight:
(1) a statement by the developer, based on a report prepared by an independent registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the time-share units;
(2) a statement by the developer of the expected useful life of each item reported on in clause (1) or a statement that no representations shall be made in that regard; and
(3) a list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing said violations;
(b) This section shall apply only to units in which use as a dwelling or for recreational purposes, or both, is permissible.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183b - Real Estate Time-Shares › Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission

Section 40. If a time-share is currently registered with the securities and exchange commission of the United States, a developer satisfies all requirements of this chapter relating to the preparation of a public offering statement if he delivers to the purchaser a copy of the public offering statement filed with said securities and exchange commission.