Title 44, Chapter 3, Section 180
( 44-3-180)
(a) Unless the purchaser expressly agrees in the sales agreement to
accept such purchaser's interest subject to a lien or by assuming 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, as
provided for liens on real estate in this state. In lieu of the
foregoing, a lienholder may agree to repurchase in the amount agreed
to by the parties but in no event less than the amount actually paid
by the purchaser a purchaser's time-share interval in the event the
lienholder comes into possession of the time-share project; or the
lienholder may agree to allow the continued right of quiet enjoyment
to the purchaser. (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 security deed becomes effective against more
than one 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 of the lien
attributable to such owner's time-share interval. The amount of 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. |