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Business & Professions Code §11211.7.
Timeshare Exemptions from Davis-Stirling Act
(a) Any time-share plan registered pursuant to
this chapter to which the Davis-Stirling Common Interest Development Act
(Chapter 1 (commencing with Section 1350) of Part 4 of Division 2 of the Civil
Code) might otherwise apply is exempt from that act, except for Sections 1354,
1355, 1355.5, 1356, 1357, 1358, 1361, 1361.5, 1362, 1363.05, 1364, 1365.5, 1370,
and 1371 of the Civil Code.(b)
(1) To the extent that a single site
time-share plan or component site of a multisite time-share plan located in
the state is structured as a condominium or other common interest
development, and there is any inconsistency between the applicable
provisions of this chapter and the Davis- Stirling Common Interest
Development Act, the applicable provisions of this chapter shall control.
(2) To the extent that a time-share plan is
part of a mixed use project where the time-share plan comprises a portion of
a condominium or other common interest development, the applicable
provisions of this chapter shall apply to that portion of the project
uniquely comprising the time- hare plan, and the Davis-Stirling Common
Interest Development Act shall apply to the project as a whole.
(c)
(1) The offering of any time-share plan,
exchange program, incidental benefit, or short term product in this state
that is subject to the provisions of this chapter shall be exempt from
Sections 1689.5 to 1689.14, inclusive, of the Civil Code (Home Solicitation
Sales), Sections 1689.20 to 1689.24, inclusive, of the Civil Code (Seminar
Sales), and Sections 1812.100 to 1812.129, inclusive, of the Civil Code
(Contracts for Discount Buying Services).
(2) A developer or exchange company that,
in connection with a time-share sales presentation or offer to arrange an
exchange, offers a purchaser the opportunity to utilize the services of an
affiliate, subsidiary, or third-party entity in connection with wholesale or
retail air or sea transportation, shall not, in and of itself, cause the
developer or exchange company to be considered a seller of travel subject to
Sections 17550 to 17550.34, inclusive, of the Business and Professions Code,
so long as the entity that actually provides or arranges the air or sea
transportation is registered as a seller of travel with the California
Attorney General's office or is otherwise exempt under those sections.
(d) To the extent certain sections in this
chapter require information and disclosure that by their terms only apply to
real property time-share plans, those requirements shall not apply to personal
property time-share plans.
Updated by ADAMS KESSLER 6/30/2008 | |
