Illinois Compiled Statutes 765 ILCS 101 Real Estate Timeshare Act of 1999. Section 10-5

    (765 ILCS 101/10-5)

    Sec. 10-5. Management and operation provisions.

    (a) Before the first sale of a timeshare interest, the developer shall create or provide for a managing entity, which shall be either the developer, a separate manager or management firm, the board of directors of an owners' association, or some combination thereof.

    (b) The duties of the managing entity include, but are not limited to:

        (1) Management and maintenance of all accommodations

    constituting the timeshare plan.

        (2) Collection of all assessments as provided in the

    timeshare instrument.

        (3) Providing to all purchasers each year an

    itemized annual budget, which shall include all estimated revenues and expenses.

        (4) Maintenance of all books and records concerning

    the timeshare plan.

        (5) Scheduling occupancy of accommodations, when

    purchasers are not entitled to use specific timeshare periods, so that all purchasers will be provided the opportunity to use and possession of the accommodations of the timeshare plan which they have purchased.

        (6) Performing any other functions and duties that

    are necessary and proper to maintain the accommodations or that are required by the timeshare instrument.

    (c) If a developer, mortgagee, managing entity, or association does not pursue nonjudicial foreclosure as provided in Section 10-50 or 10-55 and instead forecloses against a timeshare interest pursuant to the Illinois Mortgage Foreclosure Law, the developer, mortgagee, managing entity, or association may join in the same action multiple defendant obligors and junior interest holders of separate timeshare interests, provided:

        (1) the foreclosure proceeding involves a single

    timeshare plan;

        (2) the foreclosure proceeding is filed by a single

    plaintiff;

        (3) the default and remedy provisions in the written

    instruments on which the foreclosure proceeding is based are substantially the same for each defendant; and

        (4) the nature of the defaults alleged is the same

    for each defendant.

    (d) In any foreclosure proceeding involving multiple defendants filed under subsection (c), the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.

(Source: P.A. 96-738, eff. 8-25-09.)

Sections:  10-5  10-10  10-15  10-20  10-25  10-30  10-35  10-40  10-45  10-50  10-55  Next

Last modified: February 18, 2015