reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 30 - RESIDENTIAL GROUND RENT ACT (§§ 66-30-101 — 66-30-106) › Section 66-30-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Obligee" means any person or entity to whom a residential ground rent is owed, including its successors and assigns;
(2)
"Obligor" means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns;
(3)
"Residential ground rent" means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes:
(A)
Which is assignable by the obligor without the obligee's consent;
(B)
Which is for a term in excess of fifteen (15) years, including any rights of renewal at the option of the obligor;
(C)
Where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and
(D)
Where the obligee's interest in the land is primarily a security interest to protect the obligee's right to be paid the rent or charge; and
(4)
"Residential purposes" means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3002.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 30 - RESIDENTIAL GROUND RENT ACT (§§ 66-30-101 — 66-30-106) › Section 66-30-104 - Lien against real estate

A residential ground rent shall constitute a lien against the real estate from the time it is recorded, in a like manner as would a deed of trust or mortgage. Any deed of trust or mortgage on the interest of the obligor in the real estate may provide that a default in payment of ground rent shall constitute a material default in such deed of trust or mortgage; that the trustee or beneficiary thereunder may satisfy such obligation for rent, and that the money so advanced, with interest thereon, shall be a part of the debt secured, to be repaid as provided by law, and such trustee or beneficiary shall be subrogated to the rights of the obligee in the real estate to the extent of such advancement and interest.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3004.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 30 - RESIDENTIAL GROUND RENT ACT (§§ 66-30-101 — 66-30-106) › Section 66-30-105 - Redemption

The obligor shall have the right to redeem a residential ground rent at any time after three (3) years from the date of the ground rent agreement. The redemption shall be effected for such amount as the obligor and the obligee may have agreed upon; or, in the absence of such an agreement, shall be determined by capitalizing the ground rent in effect at the time of redemption at ten percent (10%). Upon tender of such amount by the obligor, together with any lawfully collectible arrearages of rent and interest thereon, the obligor may redeem the land from, and shall be entitled to a release from, all obligation to pay ground rent and to a warranty deed. Such release and such deed shall be in recordable form and the cost of recording the same, together with any other charges incidental to it, other than the state transfer tax, shall be paid by the obligor. The obligor's right to redeem may be assigned absolutely or as collateral security to the holder of any deed of trust or mortgage on the interest of the obligor in the real estate, and such deed of trust or mortgage may require that the obligor exercise the obligor's right to redeem upon the written demand of the trustee or beneficiary thereunder, and that a failure to exercise such right of redemption, under such circumstances, shall constitute a material default under such deed of trust or mortgage.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3005.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 30 - RESIDENTIAL GROUND RENT ACT (§§ 66-30-101 — 66-30-106) › Section 66-30-106 - Incorporation of agreement in instrument of transfer

A ground rent agreement, made pursuant to this chapter, may be incorporated into the deed, ground lease, or other instrument of transfer in the following form:
This deed is subject to annual ground rent or charge as follows:
1.
Date of agreement;
2.
Parties:
Obligor ______________
Obligee ______________;
3.
Ground rent and any future adjustments to it;
4.
When payable;
5.
Duration;
6.
Redemption price, if agreed on.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3006.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Self-Service Storage Facility Act."
Acts 1980, ch. 717, § 1; T.C.A., § 64-3101.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Default" means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement;
(2)
"Division" means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles;
(3)
"Last known address" means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant;
(4)
"Leased space" means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement;
(5)
"Occupant" means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others;
(6)
"Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. "Owner" shall not be construed to be a warehouse as defined in §
47-7-102
; provided, that if an owner shall issue any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and occupant shall be subject to title 47, chapter 7, and this chapter shall not apply;
(7)
"Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles;
(8)
"Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility;
(9)
"Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property; provided, however, that "self-service storage facility" does not include any part of the real property used for residential purposes;
(10)
"Vehicle" means a motor vehicle, a trailer, or a semitrailer as defined in §§
55-1-103
and
55-1-105
and a vessel as defined in §
69-9-204
; and
(11)
"Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.
Acts 1980, ch. 717, § 2; T.C.A., §64-3102; Acts 2011 , ch. 131, §§ 1-6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-103 - Owner access to leased space

Upon the reasonable request of the owner, the occupant shall provide access to the owner to enter the leased space for the purpose of inspection, repair, alteration, improvement, or to supply necessary or agreed services. In case of emergency, the owner may enter the leased space for any of these purposes without notice to or consent from the occupant. For the purposes of this section, "emergency" means any sudden, unexpected occurrence or circumstance which demands immediate action.
Acts 1980, ch. 717, § 3; T.C.A., § 64-3103.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-104 - Owner's lien on stored property

(a)
The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except those which are perfected and recorded in the state in the name of the occupant during the term of the rental agreement and except any tax lien as otherwise provided by law. The lien attaches when personal property is placed in the leased space.
(b)
The rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien and the method of its enforcement. The rental agreement shall also include the late fee, if any, and when it may be imposed. If the rental agreement contains a limit on the value of property stored in the occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space.
(c)
The owner may also impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due. For purposes of this section, a reasonable late fee is not more than the greater of twenty dollars ($20.00) a month or twenty percent (20%) of monthly rent. Any late fee imposed by the owner pursuant to this section is in addition to any other remedy provided by law or contract.
(d)
The owner shall provide adequate notice to the occupant before a late fee is imposed. Adequate notice is provided if the rental agreement complies with subsection (b) or if a notice is sent to the occupant at the last known address and notifies the occupant that a late fee may be charged for any month in which the occupant does not pay rent when due.
Acts 1980, ch. 717, § 4; T.C.A., §64-3104; Acts 2011 , ch. 131, §§ 7, 8.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-106 - Rights supplemental - Required contents of rental agreements

(a)
Nothing in this chapter shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against a debtor.
(b)
(1)
The rental agreement shall contain a notice stating that all property stored under the terms of such agreement may be sold or otherwise disposed of if no payment has been received for a continuous fifteen-day period when due.
(2)
The rental agreement shall contain a provision directing the occupant to disclose to the owner any lienholder with an interest in property that is or may be stored in the self-service storage facility.
Acts 1980, ch. 717, § 6; T.C.A., §64-3106; Acts 2011 , ch. 131, § 18.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 31 - SELF-SERVICE STORAGE FACILITY ACT (§§ 66-31-101 — 66-31-107) › Section 66-31-107 - Application of chapter

(a)
This chapter shall apply to all rental agreements entered into or extended or renewed after July 1, 1980.
(b)
All rental agreements entered into before July 1, 1980, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.
Acts 1980, ch. 717, §§ 7, 8; T.C.A., § 64-3107.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-101 - Short title

This part shall be known and may be cited as the "Tennessee Time-Share Act of 1981."
Acts 1981, ch. 372, §§ 1, 35; T.C.A., § 64-3201; Acts 1983, ch. 210, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-103 - Nature of time-share estates - Recordation

(a)
A "time-share estate" is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this part. This shall supersede any contrary rule at common law.
(b)
Each time-share estate constitutes for purposes of title a separate estate or interest in property except for real property tax purposes.
(c)
A document transferring or encumbering a time-share estate in real property may not be rejected for recordation because of the nature or duration of that estate or interest.
Acts 1981, ch. 372, §§ 3, 4; T.C.A., §§ 64-3203, 64-3204.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-104 - Applicability of local ordinances, regulations, and building codes

A zoning, subdivision, or other ordinance or regulation may not discriminate against the creation of time-share intervals or impose any requirement upon a time-share program which it would not impose upon a similar development under a different form of ownership.
Acts 1981, ch. 372, § 5; T.C.A., § 64-3205.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-105 - Time-share units

A time-share program may be created in any unit, unless expressly prohibited by the project instruments or local governing laws.
Acts 1981, ch. 372, § 6; T.C.A., § 64-3206.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-106 - Instruments for time-share estates

Project instruments and time-share instruments creating time-share estates must contain the following:
(1)
The name of the county in which the property is situated;
(2)
The legal description, street address or other description sufficient to identify the property;
(3)
Identification of time periods by letter, name, number, or combination thereof;
(4)
Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created;
(5)
The formula, fraction or percentage, of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program;
(6)
Any restrictions on the use, occupancy, alteration or alienation of time-share intervals;
(7)
The ownership interest, if any, in personal property and provisions for the care, maintenance and replacement of the commonly owned capital improvements and the commonly owned personal property belonging to the time-share estates. Specifically, an escrow or reserve account shall be established for the repair, replacement and maintenance of capital improvements and personal property; and
(8)
Any other matters the developer deems appropriate.
Acts 1981, ch. 372, § 7; T.C.A., § 64-3207; Acts 1989, ch. 65, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-108 - Developer control

(a)
The time-share instruments for a time-share estate program may provide for a "developer control period," during which the developer or a managing agent selected by the developer may manage the time-share program and the units in the time-share program.
(b)
If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall ordinarily include provisions for the following:
(1)
Termination of the developer control period by action of the association;
(2)
Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and
(3)
A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program.
Acts 1981, ch. 372, § 9; T.C.A., § 64-3209.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-109 - Instruments for time-share use

Project instruments and time-share instruments creating time-share uses must contain the following:
(1)
Identification by name of the time-share project and street address where the time-share project is situated;
(2)
Identification of the time periods, type of units and the units that are in the time-share program and the length of time that the units are committed to the time-share program;
(3)
In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted or substituted; and
(4)
Any other matters that the developer deems appropriate.
Acts 1981, ch. 372, § 10; T.C.A., § 64-3210.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-110 - Time-share use management

The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units which shall ordinarily include, but need not be limited to, provisions for the following:
(1)
Standards and procedures for upkeep, repair and interior furnishings of units and for providing maid, cleaning, linen and similar services to the units during use periods;
(2)
Adoption of standards and rules of conduct governing the use and occupancy of units by owners;
(3)
Payment of the costs and expenses of operating the time-share program and owning and maintaining the units;
(4)
Selection of a managing agent to act on behalf of the developer;
(5)
Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program;
(6)
Procedures for establishing the rights of owners to the use of units by prearrangement or under a first-reserved first-served priority system;
(7)
Organization of a management advisory board consisting of time-share use owners including an enumeration of rights and responsibilities of the board;
(8)
Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units;
(9)
Comprehensive general liability insurance for death, bodily injury and property damage arising out of, or in connection with, the use of units by time-share use owners, their guests and other users;
(10)
Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or a confirmed reservation;
(11)
Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owners shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; and
(12)
Annual dissemination to all time-share use owners by the developer, or by the managing agent, of a list of the name and mailing addresses of all current time-share use owners in the time-share program.
Acts 1981, ch. 372, § 11; T.C.A., § 64-3211.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-111 - Partition

No action for partition of a unit may be maintained except as permitted by the time-share instrument.
Acts 1981, ch. 372, § 12; T.C.A., § 64-3212.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-114 - Mutual rights of cancellation

(a)
Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The contract is voidable by the purchaser until the purchaser has received the public offering statement. The contract is also voidable by the purchaser for ten (10) days from the date of the signing of the contract by the purchaser if the purchaser shall have made an on-site inspection of the time-share project or any component site prior to the signing of the contract, and if the purchaser did not make an on-site inspection of the time-share project or any component site prior to signing the contract, for fifteen (15) days thereafter. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within thirty (30) days after receipt of the notice of cancellation as provided in subsection (c).
(b)
During the applicable rescission period, the developer may cancel the contract of purchase without penalty to either party. The developer shall return all payments due, the purchaser shall return all material received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser.
(c)
If either party elects to cancel a contract pursuant to subsection (a) or (b), then that party may do so by:
(1)
Hand delivering notice of cancellation to the other party within the designated period for voiding the contract;
(2)
Mailing notice of cancellation by prepaid United States mail, postmarked anytime within the designated period for voiding the contract, to the other party or to the other party's agent for service of process; or
(3)
Sending notice of cancellation via electronic mail, time stamped within the designated period for voiding the contract to the other party.
(d)
The purchaser and the developer shall not waive the rescission rights set forth in subsections (a) and (b).
Amended by 2022 Tenn. Acts, ch. 835, s 1, eff. 1/1/2023.
Amended by 2019 Tenn. Acts, ch. 147, s 1, eff. 4/17/2019.
Acts 1981, ch. 372, § 15; T.C.A., § 64-3215; Acts 1983, ch. 210, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-115 - Exemptions from requirement of public offering statement

(a)
The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following:
(1)
Securities Act of 1933 (
15 U.S.C. § 77a
et seq.);
(2)
Federal Interstate Land Sales Full Disclosure Act (
15 U.S.C. § 1701
et seq.) in which the time-share program is made a part of the subdivision that is being registered; and
(3)
Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.
(b)
A public offering statement need not be prepared or delivered in the case of:
(1)
Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent;
(2)
Any 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 of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state;
(6)
A gratuitous transfer of a time-share interval; or
(7)
Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.
Acts 1981, ch. 372, § 16; T.C.A., § 64-3216.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-116 - Material change

The developer shall amend or supplement the public offering statement to report any material change in the information required by §
66-32-112
. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received.
Acts 1981, ch. 372, § 17; T.C.A., § 64-3217.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-117 - Liens

(a)
Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval, or shall provide a surety bond or insurance against the lien.
(b)
Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or deed of trust becomes effective against more than one (1) time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount. The payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
Acts 1981, ch. 372, § 18; T.C.A., § 64-3218.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-118 - Violations - Attorney's fees - Criminal penalties

(a)
If a developer or any other person subject to this part violates any provision thereof or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this part. The court may also award reasonable attorney's fees.
(b)
Except as provided in subsection (c), any developer or any other person subject to this part who offers or disposes of a time-share interval without having complied with this part or who violates any provision of this part commits a Class C misdemeanor.
(c)
Any developer or any other person subject to this part who knowingly, willfully and intentionally offers, disposes of, or jeopardizes the interest of the purchaser of a time-share interval in violation of §
66-32-113
, §
66-32-122(a)
or §
66-32-128
commits a felony punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment for not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment.
(d)
Nothing in this part limits the power of the state to punish any person for any conduct or omission which constitutes a violation under any other provision of this code.
Acts 1981, ch. 372, § 19; T.C.A., § 64-3219; Acts 1986, ch. 601, § 1; 1987, ch. 194, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-119 - Statute of limitations

A judicial proceeding where the accuracy of the public offering statement or validity of any contract of purchase is in issue and a rescission of the contract or damages is sought must be commenced within four (4) years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payments may extend beyond the period of limitation. However, with respect to the enforcement of provisions in the contract of purchase which require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of four (4) years for each breach, but the parties may agree to reduce the period of limitation to not less than two (2) years.
Acts 1981, ch. 372, § 20; T.C.A., § 64-3220.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-120 - Financial records

(a)
The person or entity responsible for making and/or collecting common expenses, assessments or maintenance assessments shall keep detailed financial records.
(b)
All financial and other records shall be made reasonably available for examination by any time-share interval owner and such owner's authorized agents.
Acts 1981, ch. 372, § 21; T.C.A., § 64-3221.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-123 - Application and fees for registration

(a)
An application for registration must contain the public offering statement, a brief description of the property, copies of time-share instruments and any documents referred to therein other than tract maps, plats, plans, and such other information required by the commission's rules and regulations and be accompanied by any reasonable fees required by the commission.
(b)
Fee for registration of time-share interval plans; expenses for investigation and prosecution:
(1)
For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the sum of one hundred dollars ($100), together with an annual renewal fee of fifty dollars ($50.00);
(2)
For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the sum of two hundred fifty dollars ($250), together with an annual renewal fee of one hundred dollars ($100); and
(3)
Notwithstanding subdivisions (b)(1) and (2), the fees charged and collected shall be sufficient to cover the cost of administering this part.
Acts 1981, ch. 372, § 24; T.C.A., § 64-3224.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-124 - Commission regulation of public offering statement

(a)
The commission at any time may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers.
(b)
The public offering statement may not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person may advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration.
Acts 1981, ch. 372, § 25; T.C.A., § 64-3225.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-125 - Effective date of registration - Incomplete or inadequate application

(a)
Except as otherwise provided in this section, the effective date of the registration, or any amendment thereto, shall be the forty-fifth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such amendment was filed.
(b)
If it appears to the commission that the application for registration, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the forty-fifth day after the developer files such additional information as the commission shall require. Any developer, upon receipt of such notice of suspension, may request a hearing.
Acts 1981, ch. 372, § 26; T.C.A., § 64-3226.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-126 - Exceptions from registration requirement

No registration with the commission shall be required in the case of:
(1)
Any transfer of a time-share interval by any time-share interval owner other than the developer and/or the developer's agent;
(2)
Any 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 of a time-share interval in a time-share project situated wholly outside this state; provided, that all solicitations, negotiations, and contacts took place wholly outside this state and the contract was executed wholly outside this state;
(6)
A gratuitous transfer of a time-share interval; or
(7)
Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.
Acts 1981, ch. 372, § 27; T.C.A., § 64-3227.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-127 - Financing of time-share programs

(a)
In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the owner of an underlying blanket mortgage, deed of trust, contract of sale or other lien or encumbrance (lienhold).
(b)
Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.
Acts 1981, ch. 372, § 28; T.C.A., § 64-3228.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-128 - Protection of nondefaulting purchasers

The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement or partial release of the lien as the time-share intervals are sold. In the alternative, the developer may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by posting a bond, equal to fifty percent (50%) of the amount owed to the lienholder, making an assignment of receivables equal to one hundred twenty-five percent (125%) of the principal amounts due to the lienholder, pledging collateral security equal to one hundred percent (100%) of the amount owed to the lienholder or entering into any other financing plan or escrow agreement acceptable to the lienholder.
Acts 1981, ch. 372, § 29; T.C.A., § 64-3229.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-129 - Protection of lienholder

The lienholder in any time-share program shall have the following rights:
(1)
A lienholder's lien rights shall be preserved as against any purchaser of time-share interval claiming that the time-share is invalid, void or voidable, thirty (30) days after written notice by certified mail or personal delivery has been given by the developer to the purchaser. Such notice must state the developer has assigned the receivables to the lienholder and that purchaser has thirty (30) days within which to object and specify the invalidity or defect contained within such instrument;
(2)
Any purchaser who fails to indicate the invalidity, void or voidableness as provided in subdivision (1) waives or is estopped to raise, the same in any subsequent enforcement of the collection of the receivable by the lienholder.
Acts 1981, ch. 372, § 30; T.C.A., § 64-3230.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-130 - Premiere tourist resort city

Notwithstanding any other provisions of this part, a "premiere tourist resort city" defined as a municipality having a population of three thousand (3,000) or more persons, according to the federal census of 1980 or any subsequent federal census in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of real estate in the municipality consists of hotels, motels, tourist court accommodations, tourist shops and restaurants, is hereby authorized to adopt by its board of commissioners any ordinance necessary to regulate the sale and use of time-share units within its jurisdiction including the requirement of registration, licenses, transfer and related requirements including any related fees.
Acts 1981, ch. 372, § 34; T.C.A., § 64-3231.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-131 - Misleading advertising unlawful

It is unlawful for any person with intent directly or indirectly to offer for sale or sell time-share intervals in this state to authorize, use, direct or aid in the publication, distribution or circulation of any advertisement, radio broadcast or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in this section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share intervals so advertised.
Acts 1983, ch. 210, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-134 - Violation of Sections 66-32-131 - 66-32-133

Whenever the commission determines from evidence available to it that a person is violating or failing to comply with the requirements of §§
66-32-131
- 66-32-133, the commission may order the person to cease and desist from such violations and may take enforcement action under §§
66-32-121
- 66-32-126.
Acts 1983, ch. 210, § 10.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-135 - Construction of Sections 66-32-131 - 66-32-133 with Tennessee Consumer Protection Act

Sections
66-32-131
- 66-32-133 shall be in addition to those provisions in the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; provided, that to the extent that any provisions of the Tennessee Consumer Protection Act are in conflict with §§
66-32-131
- 66-32-133, the Tennessee Consumer Protection Act shall control.
Acts 1983, ch. 210, § 11.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-136 - Advertising material - Engaging time-share resale broker in connection with resale of time-share interval

(a)
Any advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval pursuant to §
66-32-137(b)
is subject to §§
66-32-131
- 66-32-135.
(b)
"Advertising material" includes any oral or written sales pitch, promotional brochure, pamphlet, catalogue, advertisement, sign, billboard or other material to be disseminated to the public by any means relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to §
66-32-137(b)
, including a transcript of any standard oral sales presentation or any radio or television advertisement.
(c)
No written advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to §
66-32-137(b)
, may be utilized by a time-share resale broker unless the advertising material includes in conspicuous type the disclosure described in §
66-32-137(b)(1)
.
(d)
The commission has authority to enforce this section as provided in §§
66-32-121
and
62-13-109
.
Acts 1990, ch. 672, §§ 3, 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-138 - Delivery of required renewal documentation and fees

Notwithstanding any other law to the contrary, all documentation and fees which are a prerequisite to the renewal of a license or registration shall be delivered to the commission no later than sixty (60) days prior to the expiration date of the license or registration.
Acts 2000, ch. 861, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 1 - TIME-SHARE ACT OF 1981 (§§ 66-32-101 — 66-32-139) › Section 66-32-139 - Registration of acquisition agents - Penalties for prohibited activity and conduct - Commission's authority to promulgate rules and regulations

(a)
All acquisition agents and their representatives, as defined in §
66-32-102
, shall register with the commission and furnish such information as provided by commission regulation. The application for registration shall be accompanied by a twenty-five dollar ($25.00) registration fee.
(b)
The commission has the authority to assess civil penalties, or to suspend or revoke the registration of an acquisition agent, for any activity or conduct in violation of §
62-13-312
or §
66-32-121
. The commission also has the authority to promulgate rules and guidelines for the training and conduct of acquisition agents.
Acts 2000, ch. 861, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-201 - Short title

This part shall be known and may be cited as the "Tennessee Vacation Club Act of 1995."
Acts 1995, ch. 90, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-202 - Legislative intent

The purpose of this part is to recognize that the sale and promotion of vacation clubs is an emerging, dynamic segment of the international tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structure; and that a uniform and consistent method of regulation is necessary in order to safeguard the state's consumers and the state's economic well-being. It is the intent of the general assembly that this part be interpreted broadly in order to enhance the quality of vacation clubs offered and sold in this state and to protect consumers who purchase vacation club interests.
Acts 1995, ch. 90, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-203 - Application

This part applies only to sellers of vacation club interests who offer for disposition vacation club interests to the general public in Tennessee. For purposes of this section, an offer shall be considered to be made in this state only if the offer:
(1)
Originates from this state; or
(2)
Is directed by the offeror into this state and is received at the place to which it is directed.
Acts 1995, ch. 90, § 3.