In this chapter, unless the context requires otherwise:
- 1. “Association” means all of the time-share interval owners of a time-share project acting as a group, either through a nonstock nonprofit corporation or an unincorporated association, in accordance with its bylaws governing administration of the project.
- 2. “Commission” means the real estate commission.
- 3. “Common expense” means all sums lawfully assessed against an owner of a time-share interval by an association for the expenses of operating and maintaining the time-share project and for other expenses designated by the project instruments.
- 4. “Developer” means a person who is in the business of creating or selling time-share intervals in a time-share program. This definition does not include a person acting solely as a sales agent.
- 5. “Exchange agent” means a person who negotiates and arranges the exchange of time-share intervals for their owners in an exchange program involving other time-share intervals.
- 6. “Managing agent” means a person who undertakes the duties and responsibilities of the management of a time-share project.
- 7. “Project instrument” means a recordable document applicable to an entire time-share project, containing restrictions or covenants regulating the use, occupancy, or disposition of the entire project and including amendments to the document.
- 8. “Property report” means a written statement provided to the initial purchaser of a time-share interval containing the information required in sections 557A.11 and 557A.12.
- 9. “Purchaser” means a person other than a developer or lender who acquires an interest in a time-share interval.
- 10. “Time-share estate” means an ownership or leasehold estate in property devoted to a time-share fee or a time-share lease.
- 11. “Time-share instrument” means a document by whatever name denominated creating or regulating time-share programs, but excluding any law, ordinance, or government regulation.
- 12. “Time-share interval” means a time-share estate or a time-share use.
- 13. “Time-share program” means an arrangement for time-share intervals in a time-share project in which the use, occupancy or possession of real property circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring over a period of time.
- 14. “Time-share project” means the entire real property that is subject to a time-share program.
- 15. “Time-share use” means a contractual right of exclusive occupancy which does not fall within the definition of a time-share estate including, but is not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond.
- 16. “Unit” means the real property or the real property improvement in a time-share project which is divided into time-share intervals.
85 Acts, ch 155, §2
Referred to in §502.201, 543B.7, 543C.1, 557A.3