Section 44-3-170. Time-share use program management and operation

   The time-share instruments for a time-share use 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:

   (1) Standards and procedures for upkeep, repairs, and interior furnishing of units;

   (2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners;

   (3) Payment of the costs and expenses of operating the time-share program and owning and maintaining the units;

   (4) Selection of a managing agent to act on behalf of the developer;

   (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program;

   (6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first reserved, first served priority system;

   (7) Organization of a management advisory board or board of directors consisting of time-share use owners including an enumeration of rights and responsibilities of the board;

   (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units;

   (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by time-share use owners, their guests, and others and extended coverage casualty insurance;

   (10) Methods for providing compensation 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 a confirmed reservation;

   (11) 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 the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owner shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered;

   (12) Annual dissemination to all time-share use owners by the developer or by the managing agent of a list of the names and mailing addresses of all current time-share use owners in the time-share program;

   (13) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share uses before encumbering the time-share project for the purpose of making additional improvements to the project;

   (14) A definition of what shall constitute the facilities being available for use; and

   (15) An owners' association shall act as a fiduciary to the purchasers of a time-share program.

Code 1981, § 44-3-170, enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1995, p. 1260, § 1; Ga. L. 2009, p. 332, § 2/HB 608.