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.
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
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
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
begin delete the time-share instrumentsend delete, 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 party or use or sell the
3list for commercial purposes.
22 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.