General Laws of Massachusetts - Chapter 183B Real Estate Time-shares
- Massachusetts General Laws - Citation - Chapter 183B, Section 1
This chapter may be cited as the Real Estate Time-Share Act.
- Massachusetts General Laws - Definitions - Chapter 183B, Section 2
As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:-- "Affiliate of a developer'', any person who...
- Massachusetts General Laws - Estates in fee simple; estates for years; separate estates; taxes and assessments; recording documents - Chapter 183B, Section 3
(a) Except as otherwise provided in this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring...
- Massachusetts General Laws - Agreements varying chapter prohibited; waiver of rights - Chapter 183B, Section 4
Except as otherwise expressly provided in this chapter, provisions of this chapter shall not be varied by agreement, and rights conferred by this chapter shall...
- Massachusetts General Laws - Unconscionable contracts - Chapter 183B, Section 5
(a) The court, upon finding as a matter of law that a time-share contract or contract clause was unconscionable at the time the contract was...
- Massachusetts General Laws - Good faith obligation - Chapter 183B, Section 6
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
- Massachusetts General Laws - Remedies; liberal administration; damages; judicial enforcement - Chapter 183B, Section 7
(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position...
- Massachusetts General Laws - Laws supplementary to chapter - Chapter 183B, Section 8
The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity...
- Massachusetts General Laws - Conflicts with other laws - Chapter 183B, Section 9
In the event of any conflict between this chapter and chapter one hundred and eighty-three A or chapter one hundred and fifty-seven, the provisions of...
- Massachusetts General Laws - Implied repeals by subsequent legislation - Chapter 183B, Section 10
This chapter being intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed in whole...
- Massachusetts General Laws - Project instruments; creation of time-shares; amendments - Chapter 183B, Section 11
If all of the documents constituting the project instrument are recorded, time-shares shall not be created in any unit in a project unless expressly permitted...
- Massachusetts General Laws - Instruments for creation of more than twelve time-shares in single property; recording; contents - Chapter 183B, Section 12
(a) Except as provided in subsection (b), more than twelve time-shares may be created in a single time-share property only by a time-share instrument recorded...
- Massachusetts General Laws - Instruments; allocation of votes and expense liabilities; alteration - Chapter 183B, Section 13
(a) The time-share instrument shall state the amount of or formula used to determine any time-share expense liability allocated to each time-share. (b) If the...
- Massachusetts General Laws - Partition of units - Chapter 183B, Section 14
No action for partition of a time-share unit may be maintained except as permitted by the time-share instrument or by subsection (d) of section fifteen.
- Massachusetts General Laws - Termination agreements - Chapter 183B, Section 15
(a) This section shall apply to time-share licenses only to the extent expressly provided by the time-share instrument. (b) All time-shares in a time-share property...
- Massachusetts General Laws - Sales or management offices; models; signs - Chapter 183B, Section 16
A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights...
- Massachusetts General Laws - Instruments; approval of actions of owners, developer, or managing entity - Chapter 183B, Section 17
The time-share instrument may require that all or a specified number or percentage of the mortgagees of units or time-shares approve specified actions of the...
- Massachusetts General Laws - Deeds; notice of lease or license; recording; contents - Chapter 183B, Section 18
A time-share estate, coupled with a freehold estate, shall be evidenced by a time-share deed, and a time-share estate, coupled with an estate for years...
- Massachusetts General Laws - Managing entity - Chapter 183B, Section 19
(a) If the number of time-shares in a time-share property is more than twelve, the developer, before the first transfer of a time-share, shall create...
- Massachusetts General Laws - Powers of association - Chapter 183B, Section 20
(a) Subject to the provisions of subsection (b) and the time-share instrument, the association, even if unincorporated, may: (1) adopt and amend by-laws, rules, and...
- Massachusetts General Laws - Powers and duties of developer - Chapter 183B, Section 21
The developer shall have the duties imposed on the managing entity by this chapter and the powers set forth in clauses (1) to (11), inclusive,...
- Massachusetts General Laws - Special developer right - Chapter 183B, Section 22
(a) For the purposes of this section, “special developer right” shall mean a right reserved for the benefit of a developer to add more units...
- Massachusetts General Laws - Contracts or leases between developer and managing entity; termination by association or owners - Chapter 183B, Section 23
(a) If, before the developer ceases to appoint, control or serve as the managing entity, there is entered into (i) any management contract, employment contract,...
- Massachusetts General Laws - Duties of managing entity; access to units; alteration of unit by owner - Chapter 183B, Section 24
Except to the extent otherwise provided by the time-share instrument, the managing entity shall be responsible for maintenance, repair, and replacement of the time-share units...
- Massachusetts General Laws - Liability of owners; actions involving owners, developers, or associations; tolling of limitations; judgments against associations - Chapter 183B, Section 25
(a) A time-share owner shall be personally liable for his acts and omissions and those of his employees and agents other than the managing entity....
- Massachusetts General Laws - Insurance - Chapter 183B, Section 26
(a) Commencing not later than the time a developer offers a time-share for sale in a time-share property in which the number of time-shares is...
- Massachusetts General Laws - Surplus funds - Chapter 183B, Section 27
Unless otherwise provided in the time-share instrument, the by-laws, rules or regulations of the time-share association or otherwise determined by the time-share owners at a...
- Massachusetts General Laws - Expenses; assessments; late charges; interest; reserve funds - Chapter 183B, Section 28
(a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been...
- Massachusetts General Laws - Liens for assessments levied or fines imposed - Chapter 183B, Section 29
(a) A person who has a duty to make assessments for time-share expenses shall have a lien on a time-share for any assessment levied against...
- Massachusetts General Laws - Forfeiture of rights of time-share owner for breach of condition of any mortgage; proceedings - Chapter 183B, Section 29A
The rights of a time-share owner shall be subject to forfeiture in accordance with clauses (a) to (g), inclusive, for breach of condition of any...
- Massachusetts General Laws - Forfeiture of rights of time-share owner for non-payment of assessments; proceedings - Chapter 183B, Section 29B
The rights of a time-share owner shall be subject to forfeiture in accordance with clauses (a) to (d), inclusive, for non-payment of assessments. (a) Upon...
- Massachusetts General Laws - Financial records - Chapter 183B, Section 30
A person who has a duty to make assessments for time-share expenses shall keep financial records sufficiently detailed to enable him to comply with section...
- Massachusetts General Laws - Third persons dealing with trustee - Chapter 183B, Section 31
A third person dealing with a trustee, pursuant to the provisions of section fifteen or twenty-six, may assume without inquiry the existence of trust powers...
- Massachusetts General Laws - Definitions; list of addresses of owners; ballots; communication expenses; vote allocation; notice; recording amendments - Chapter 183B, Section 32
(a) For the purposes of this section and sections thirty-three, thirty-four and thirty-five: (1) “Owner” shall mean a person who is an owner or co-owner...
- Massachusetts General Laws - Amendment of project instruments or unrecorded documents; approval of expenditures; procedure - Chapter 183B, Section 33
(a) The owners may amend the project instrument or any unrecorded document governing the project, or approve or disapprove any proposed expenditure, in the manner...
- Massachusetts General Laws - Referendum to amend project instrument or other matters - Chapter 183B, Section 34
(a) No amendment to the project instrument may be adopted except pursuant to this section or section thirty-three. The project instrument may specify other matters...
- Massachusetts General Laws - Discharge of manager - Chapter 183B, Section 35
(a) During the period of time the developer appoints, controls or serves as the managing entity, the owners may discharge the manager with or without...
- Massachusetts General Laws - Dispositions or offerings for which public offering statement or other materials not required - Chapter 183B, Section 36
(a) Sections thirty-six to fifty-five, inclusive, shall apply to all time-shares subject to this chapter except as provided in subsection (b). (b) Neither a public...
- Massachusetts General Laws - Public offering statements; responsibility for preparation; liability for misleading statement; multi-location plans - Chapter 183B, Section 37
(a) Except as provided in subsection (b), a developer, prior to the offering of any interest in a unit to the general public, shall prepare...
- Massachusetts General Laws - Public offering statements; furnishing to purchaser; contents - Chapter 183B, Section 38
(a) A public offering statement shall be written in clear and concise language and shall contain or fully and accurately disclose: (1) the name and...
- Massachusetts General Laws - Public offering statements; conversion buildings; contents - Chapter 183B, Section 39
(a) If a conversion building that includes or is to include one or more time-share units is more than ten years old and the developer...
- Massachusetts General Laws - Conformity of units to regulations - Chapter 183B, Section 39A
The units created or constructed under this chapter shall conform to the regulations promulgated pursuant to section thirteen A of chapter twenty-two.
- Massachusetts General Laws - Public offering statements; time-share registered with securities exchange commission - Chapter 183B, Section 40
If a time-share is currently registered with the securities and exchange commission of the United States, a developer satisfies all requirements of this chapter relating...
- Massachusetts General Laws - Providing prospective purchaser with public offering statement and resale disclosures; cancellation of contract; damages - Chapter 183B, Section 41
(a) A person required to deliver a public offering statement pursuant to subsection (c) of section thirty-seven shall, before transfer of a time-share and no...
- Massachusetts General Laws - Copy of instrument and certificate; delivery to purchaser; limitation on expense liability - Chapter 183B, Section 42
(a) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under subsection (b) of section...
- Massachusetts General Laws - Resale service providers; disclosure obligations - Chapter 183B, Section 42A
[ Text of section added by 2014, 76, Sec. 4 effective July 15, 2014.] (a)(1) Before engaging in resale advertising services, a resale service provider...
- Massachusetts General Laws - Deposits placed in escrow; holding instrument of payment - Chapter 183B, Section 43
(a) Any deposit made in connection with the purchase or reservation in the commonwealth of a time-share from a person required to deliver a public...
- Massachusetts General Laws - Release of liens; surety bond; service of process for foreclosure of lien - Chapter 183B, Section 44
(a) In the case of a sale of a time-share where delivery of a public offering statement is required pursuant to subsection (c) of section...
- Massachusetts General Laws - Express warranties - Chapter 183B, Section 45
(a) Express warranties made by any seller to a purchaser of a time-share shall be created as follows: (1) any affirmation of fact or promise...
- Massachusetts General Laws - Implied warranties of developer or person in business of selling real estate for own account - Chapter 183B, Section 46
(a) A developer and any person in the business of selling real estate for his own account warrants that a time-share unit shall be in...
- Massachusetts General Laws - Implied warranties of quality; exclusions or modifications - Chapter 183B, Section 47
(a) Except as limited by subsection (b) implied warranties of quality: (1) may be excluded or modified by agreement of the parties; and (2) shall...
- Massachusetts General Laws - Limitation of actions for breach of warranties - Chapter 183B, Section 48
(a) A judicial proceeding for breach of any obligation arising under section forty-five or forty-six shall be commenced within four years after the cause of...
- Massachusetts General Laws - Failure to comply with chapter - Chapter 183B, Section 49
If a developer or any other person subject to this chapter fails to comply with any provision of this chapter or of the time-share instrument,...
- Massachusetts General Laws - Improvements not required to be built - Chapter 183B, Section 50
If any improvement in the time-share property is not required to be built, no promotional material may be displayed or delivered to prospective purchasers which...
- Massachusetts General Laws - Completion of promised improvements; responsibility for recording deed or notice - Chapter 183B, Section 51
(a) The developer shall complete all promised improvements described in the time-share instrument and promotional materials. (b) Unless the purchaser of a time-share agrees in...
- Massachusetts General Laws - Advertisements including prize offer - Chapter 183B, Section 52
Any advertisement of a time-share property which includes the offer of a prize or other inducement shall prominently disclose the approximate fair market value, number...
- Massachusetts General Laws - Exchange programs; information; promotional literature; liability - Chapter 183B, Section 53
(a) If a purchaser may participate in any exchange program, the developer, agent of a developer or person in the business of selling real estate...
- Massachusetts General Laws - Multi-location developers; information for purchasers; violations - Chapter 183B, Section 54
(a) A multi-location developer shall, except as provided in subsection (b), deliver to the purchaser, prior to the execution of the contract of sale the...
- Massachusetts General Laws - Project brokers - Chapter 183B, Section 55
(a) It shall be unlawful for any person to sell or offer to sell a time-share in the commonwealth unless the developer of the time-share...
- Massachusetts General Laws - Transfer of interest; time-share services agreements; transfer services; penalties; prohibitions - Chapter 183B, Section 56
[ Text of section added by 2014, 76, Sec. 5 effective July 15, 2014.] (a) In the course of offering time-share transfer services, no time-share...
Last modified: September 11, 2015