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 time-share instrument provides for voting, it shall allocate votes to each time-share unit and to each time-share estate and may allocate votes to any time-share license. It shall not allocate any votes to any other property or to any person who is not a time-share owner. The number of votes allocated to each time-share shall be equal for all time-shares or proportionate to each time-share's value as estimated by the developer, time-share expense liability, or unit size. The time-share instrument may specify some matters as to which the votes shall be equal and others as to which they shall be proportionate.
(c) Except as otherwise provided pursuant to clause (5) of subsection (a) of section twelve, the votes and time-share expense liabilities allocated to a time-share shall not be altered without the unanimous consent of all time-share owners entitled to vote and voting at a meeting in which at least eighty per cent of the votes allocated to time-shares are cast or in an initiative or referendum in which at least eighty per cent of said votes are cast.
(d) Except for minor variations due to rounding, the sum of the time-share expense liabilities assigned to all time-shares shall equal one if stated as fractions or one hundred per cent if stated as percentages. In the event of discrepancy between the time-share liabilities or votes allocated to a time-share and the result derived from the application of the formulas, the allocated time-share expense liability or vote prevails.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183b - Real Estate Time-Shares
Section 4 - Agreements Varying Chapter Prohibited; Waiver of Rights
Section 5 - Unconscionable Contracts
Section 6 - Good Faith Obligation
Section 7 - Remedies; Liberal Administration; Damages; Judicial Enforcement
Section 8 - Laws Supplementary to Chapter
Section 9 - Conflicts With Other Laws
Section 10 - Implied Repeals by Subsequent Legislation
Section 11 - Project Instruments; Creation of Time-Shares; Amendments
Section 13 - Instruments; Allocation of Votes and Expense Liabilities; Alteration
Section 14 - Partition of Units
Section 15 - Termination Agreements
Section 16 - Sales or Management Offices; Models; Signs
Section 17 - Instruments; Approval of Actions of Owners, Developer, or Managing Entity
Section 18 - Deeds; Notice of Lease or License; Recording; Contents
Section 20 - Powers of Association
Section 21 - Powers and Duties of Developer
Section 22 - Special Developer Right
Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner
Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds
Section 29 - Liens for Assessments Levied or Fines Imposed
Section 29b - Forfeiture of Rights of Time-Share Owner for Non-Payment of Assessments; Proceedings
Section 30 - Financial Records
Section 31 - Third Persons Dealing With Trustee
Section 34 - Referendum to Amend Project Instrument or Other Matters
Section 35 - Discharge of Manager
Section 38 - Public Offering Statements; Furnishing to Purchaser; Contents
Section 39 - Public Offering Statements; Conversion Buildings; Contents
Section 39a - Conformity of Units to Regulations
Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission
Section 42a - Resale Service Providers; Disclosure Obligations
Section 43 - Deposits Placed in Escrow; Holding Instrument of Payment
Section 44 - Release of Liens; Surety Bond; Service of Process for Foreclosure of Lien
Section 45 - Express Warranties
Section 47 - Implied Warranties of Quality; Exclusions or Modifications
Section 48 - Limitation of Actions for Breach of Warranties
Section 49 - Failure to Comply With Chapter
Section 50 - Improvements Not Required to Be Built
Section 51 - Completion of Promised Improvements; Responsibility for Recording Deed or Notice
Section 52 - Advertisements Including Prize Offer
Section 53 - Exchange Programs; Information; Promotional Literature; Liability
Section 54 - Multi-Location Developers; Information for Purchasers; Violations