AB 126, as amended, 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.begin insert Existing law prohibits the association from publishing the list or providing a copy of it to any time-share interest owner or to any 3rd party, or using or selling the list for commercial purposes, unless otherwise provided in the time-share instruments.end insert
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.begin insert The bill would revise provisions applicable to release of the list, by deleting authority for the time-share instruments to provide for its release, and instead requiring the association to obtain an owner’s consent to the sharing of their contact information in accordance with specified existing law. This bill would require that contact information for owners who do not consent to be shared in a designated manner in response to a member’s demand, but not to be provided directly to a member as specified under an existing provision.end insert
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
6made available for inspection and copying by any member, or by
7his or her duly appointed representative, at any reasonable time
8for a purpose reasonably related to membership in the association.
9(b) The records shall be made available for inspection at the
10office where the records are maintained. Upon receipt of an
11authenticated written request from a member along with the fee
12prescribed by the governing body to defray the costs of
13reproduction, the managing entity or other
custodian of records of
14the association or the time-share plan shall prepare and transmit
15to the member a copy of any and all records requested.
16(c) The governing body shall establish reasonable rules with
17respect to all of the following:
18(1) Notice to be given to the managing entity or other custodian
19of the records by the member desiring to make the inspection or
20to obtain copies.
21(2) Hours and days of the week when a personal inspection of
22the records may be made.
23(3) Payment of the cost of reproducing copies of records
24requested by a member.
25(d) Every governing body member shall have the
absolute right
26at any time to inspect all books, records, and documents of the
27association and all real and personal properties owned and
28controlled by the association.
29(e) The association shall maintain among its records a complete
30list of the names and postal addresses of all owners of time-share
31interests in the time-share plan. The association shall update this
32list no less frequently than every 12 months. Unless otherwise
33provided inbegin delete the time-share instrumentsend deletebegin insert this sectionend insert, the association
P3 1may not publish this owner’s list or provide a copy of it to any
2time-share interest owner or to any third partybegin insert,end insert
or use or sell the
3list for commercial purposes.
4(f) For a time-share association that is nonprofit mutual benefit
5corporation, the association shall provide owners with the
6opportunity to give written consent to the release of contact
7information when members seek the release of this information
8under Section 8330 of the Corporations Code. Upon a member’s
9request, the association shall release the contact information, as
10provided in paragraphs (1) and (2) of subdivision (a) of Section
118330 of the Corporations Code.
12(1) Contact information for those owners who provide consent
13may be shared as prescribed in paragraphs (1) and (2) of
14subdivision (a) of Section 8330 of
the Corporations Code.
15(2) Contact information for those owners who do not provide
16consent may not be shared with a member, and the association
17shall use an alternative method, as prescribed in subdivision (c)
18of Section 8330 of the Corporations Code, that reasonably and in
19a timely manner accomplishes the proper purpose set forth in a
20demand.
21(f)
end delete
22begin insert(g)end insert For single site time-share plans and component sites of a
23multisite time-share plan located outside of the state, the association
24shall be subject to the provisions set forth in this section. The
25association
must be in compliance with the applicable laws of the
26state or jurisdiction in which the time-share property or component
27site is located, and if a conflict exists between laws of the situs
28state and the requirements set forth in this section, the law of the
29situs state shall control. If the association and the time-share
30instruments provide for the matters contained in this section, the
31association shall be deemed to be in compliance with the
32requirements of this section and neither the developer nor the
33association shall be required to make revisions to the time-share
34instruments in order to comply with the section.
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