Massachusetts General Laws
Chapter 183b - Real Estate Time-Shares
Section 33 - Amendment of Project Instruments or Unrecorded Documents; Approval of Expenditures; Procedure

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 provided by this section in addition to any manner permitted by law or by the instrument or document.
(b) Any owner may deliver to the managing entity a petition containing the language of any proposed amendment or proposal for the approval or disapproval of any proposed expenditure and signed by owners of at least one time-share or other estate or interest in each of a number of units to which at least ten per cent of the votes are allocated, or any smaller percentage specified by the document to be amended. The owner delivering said petition may attach to it a letter of not more than two pages to be mailed with the ballots. Within ten days after receiving said petition, the managing entity shall mail to each owner a ballot setting forth the language of the petition and affording an opportunity to indicate a preference between approval and disapproval of said proposed amendment or proposal, together with a copy of any letter of not more than two pages attached by the owner who delivered said petition. The ballot may also be accompanied by a letter of not more than two pages from the managing entity recommending approval or disapproval of said proposed amendment or proposal.
(c) On the date specified pursuant to clause (2) of subsection (c) of section thirty-two, the managing entity shall examine the ballots that have been returned and calculate the vote accordingly. A signature on the petition shall be treated for the purpose of subsection (f) of section thirty-two as a ballot from the signer indicating approval of the proposed amendment or proposal. A simple majority of the votes counted shall be sufficient for the adoption of the proposed amendment or proposal unless the law or the document to be amended specifies a larger majority or, in the case of a proposed expenditure, the project instruments specify a larger majority not exceeding sixty-six and two-thirds per cent. No document may specify more than a simple majority for any proposed amendment or proposal the managing entity could have effected unilaterally. No proposed amendment or proposal may be adopted by an initiative unless the ballots favoring the proposed amendment or proposal represent at least twenty-five per cent of the votes allocated to all owners.
(d) A proposed amendment or proposal adopted pursuant to this section may not be repealed or modified within two years except by another initiative pursuant to this section. After said two year period, the managing entity may not repeal or modify the result without the approval of the owners in a referendum. If the project instrument permits the managing entity to initiate a referendum for said purpose, no referendum may be initiated for said purpose more often than once every two years.

Structure Massachusetts General Laws

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 1 - Citation

Section 2 - Definitions

Section 3 - Estates in Fee Simple; Estates for Years; Separate Estates; Taxes and Assessments; Recording Documents

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 12 - Instruments for Creation of More Than Twelve Time-Shares in Single Property; Recording; Contents

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 19 - Managing Entity

Section 20 - Powers of Association

Section 21 - Powers and Duties of Developer

Section 22 - Special Developer Right

Section 23 - Contracts or Leases Between Developer and Managing Entity; Termination by Association or Owners

Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner

Section 25 - Liability of Owners; Actions Involving Owners, Developers, or Associations; Tolling of Limitations; Judgments Against Associations

Section 26 - Insurance

Section 27 - Surplus Funds

Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds

Section 29 - Liens for Assessments Levied or Fines Imposed

Section 29a - Forfeiture of Rights of Time-Share Owner for Breach of Condition of Any Mortgage; Proceedings

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 32 - Definitions; List of Addresses of Owners; Ballots; Communication Expenses; Vote Allocation; Notice; Recording Amendments

Section 33 - Amendment of Project Instruments or Unrecorded Documents; Approval of Expenditures; Procedure

Section 34 - Referendum to Amend Project Instrument or Other Matters

Section 35 - Discharge of Manager

Section 36 - Dispositions or Offerings for Which Public Offering Statement or Other Materials Not Required

Section 37 - Public Offering Statements; Responsibility for Preparation; Liability for Misleading Statement; Multi-Location Plans

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 41 - Providing Prospective Purchaser With Public Offering Statement and Resale Disclosures; Cancellation of Contract; Damages

Section 42 - Copy of Instrument and Certificate; Delivery to Purchaser; Limitation on Expense Liability

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 46 - Implied Warranties of Developer or Person in Business of Selling Real Estate for Own Account

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

Section 55 - Project Brokers

Section 56 - Transfer of Interest; Time-Share Services Agreements; Transfer Services; Penalties; Prohibitions