AB 126, as introduced, Hall. Time shares: management and governance.
The Vacation Ownership and Time-share Act of 2004 requires a time-share association to maintain among its records a complete list of the names and addresses of all owners of time-share interests in the time-share plan. The list is required to be updated at least every 6 months.
This bill would instead require the time-share association to maintain a complete list of the names and postal addresses of all owners of time-share interests in the time-share plan and to update the list at least every 12 months.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11273 of the Business and Professions
2Code is amended to read:
(a) The books of account, minutes of members and
4governing body meetings, and all other records of the time-share
5plan maintained by the association or the managing entity shall be
P2 1made available for inspection and copying by any member, or by
2his or her duly appointed representative, at any reasonable time
3for a purpose reasonably related to membership in the association.
4(b) The records shall be made available for inspection at the
5office where the records are maintained. Upon receipt of an
6authenticated written request from a member along with the fee
7prescribed by the governing body to defray the costs of
8reproduction, the managing entity or other custodian of records of
9the association or the time-share plan shall
prepare and transmit
10to the member a copy of any and all records requested.
11(c) The governing body shall establish reasonable rules with
12respect to all of the following:
13(1) Notice to be given to the managing entity or other custodian
14of the records by the member desiring to make the inspection or
15to obtain copies.
16(2) Hours and days of the week when a personal inspection of
17the records may be made.
18(3) Payment of the cost of reproducing copies of records
19requested by a member.
20(d) Every governing body member shall have the absolute right
21at any time to inspect all books, records, and documents of the
22association and all real and personal properties owned and
23controlled by the
association.
24(e) The association shall maintain among its records a complete
25list of the names andbegin insert postalend insert addresses of all owners of time-share
26interests in the time-share plan. The association shall update this
27list no less frequently than everybegin delete sixend deletebegin insert 12end insert months. Unless otherwise
28provided in the time-share instruments, the association may not
29publish this owner’s list or provide a copy of it to any time-share
30interest owner or to any third party or use or sell the list for
31commercial purposes.
32(f) For single site time-share plans and component sites of a
33multisite time-share plan located
outside of the state, the association
34shall be subject to the provisions set forth in this section. The
35association must be in compliance with the applicable laws of the
36state or jurisdiction in which the time-share property or component
37site is located, and if a conflict exists between laws of the situs
38state and the requirements set forth in this section, the law of the
39situs state shall control. If the association and the time-share
40instruments provide for the matters contained in this section, the
P3 1association shall be deemed to be in compliance with the
2requirements of this section and neither the developer nor the
3association shall be required to make revisions to the time-share
4instruments in order to comply with the section.
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