44-3-167. Time-share estate program management and operation.

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:

Creation of an association organization of time-share estate owners;#

Adoption of bylaws for organizing and operating the association organization;#

Payment of costs and expenses of operating the time-share program and of owning and maintaining the units;#

Employment and termination of employment of the managing agent for the association organization;#

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;#

Adoption of standards and rules of conduct for the use and occupancy of units by owners;#

Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units;#

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;#

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;#

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;#

Employment of attorneys, accountants, and other professional persons as necessary to assist in the management of the time-share program and the units; and#

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.#