Massachusetts General Laws
Chapter 183b - Real Estate Time-Shares
Section 36 - Dispositions or Offerings for Which Public Offering Statement or Other Materials Not Required

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 offering statement nor the materials required by section forty-two need be prepared or delivered in the case of:
(1) a gratuitous disposition of a time-share;
(2) a disposition pursuant to court order;
(3) a disposition by a government or governmental agency;
(4) a disposition by foreclosure or deed in lieu of foreclosure;
(5) a disposition that may be cancelled at any time and for any reason by the purchaser without penalty;
(6) a disposition of a time-share in a unit situated wholly outside the commonwealth pursuant to a contract executed wholly outside the commonwealth, if there has been no offering within the commonwealth;
(7) an offering by a developer of time-shares in no more than one time-share unit at any one time; or
(8) A disposition of a time-share property or all time-shares therein to one purchaser.

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