Title 44, Chapter 3, Section 167
( 44-3-167)
The time-share instruments for a time-share estate 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 include the following: (1) Creation of an association organization of time-share estate
owners; (2) Adoption of bylaws for organizing and operating the
association organization; (3) Payment of costs and expenses of operating the time-share
program and of owning and maintaining the units; (4) Employment and termination of employment of the managing agent
for the association organization; (5) Preparation and dissemination to owners of an annual budget
and of operating statements and other financial information
including, but not limited to, the current status of payments
under any security deed, contracts for improvements, or other
encumbrances concerning the time-share program; (6) Adoption of standards and rules of conduct for the use and
occupancy of units by owners; (7) Collection of assessments from owners to defray the expenses
of management of the time-share program and maintenance of the
units; (8) Comprehensive general liability insurance for death, bodily
injury, and property damage arising out of or in connection with
the use of units by owners, their guests, and others and extended
coverage casualty insurance; (9) 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 by
confirmed reservation; (10) 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 provisions of the time-share
instruments or the rules of the association organization with
respect to the use of the units. Under these procedures, an owner
must be given notice and the opportunity to refute or explain the
charges against him or her in person or in writing to the
governing body of the association organization before a decision
to impose discipline is rendered; (11) Employment of attorneys, accountants, and other professional
persons as necessary to assist in the management of the time-share
program and the units; and (12) Procedures for the developer to obtain the consent of a
majority of the existing owners of the time-share estates before
encumbering the time-share project for the purpose of making
additional improvements to the project. |