32-2197.06. Declaration of dedication

The declaration or other documents described in section 32-2197.02, subsection B, paragraph 12 shall include the following general provisions as applicable to the particular timeshare property:

1. Provisions for organization of an association if applicable.

2. A description of the real and personal property for the common ownership or use of the timeshare interest owners.

3. A description of the services to be made available to timeshare interest owners under the timeshare program.

4. Provisions for transfer to the association of control over the timeshare property and services comprising the project.

5. Procedures for calculating and collecting regular and special assessments from timeshare owners to defray expenses of the timeshare plan and for related purposes.

6. Procedures for preparation and dissemination to timeshare owners of budgets, financial statements and other information related to the timeshare plan.

7. Procedures for terminating the membership and selling the interest of a timeshare owner for failure to pay regular or special assessments.

8. Policies and procedures for the disciplining of members for failure to comply with provisions of the governing timeshare instruments for the timeshare plan, including the late payment of assessments.

9. Procedures for employing and for terminating the employment of a managing entity for the timeshare plan.

10. Provisions for adoption of standards and rules of conduct for the use of accommodations by timeshare interest owners.

11. Provisions for establishment of the rights of owners to the use of accommodations according to a schedule or under a first reserved, first served priority system.

12. If applicable, procedures for compensating use periods or monetary compensation for an owner of a timeshare interest in a timeshare plan if an accommodation cannot be made available for the period of use to which the owner is entitled by schedule or under a reservation system because of an error by the association or managing entity.

13. Provisions for comprehensive general liability insurance for death, bodily injury and property damage resulting from the use of an accommodation within the timeshare plan by timeshare owners, their guests and other users.

14. A description of restrictions upon partition of a timeshare property.

15. Policies and procedures for the use of accommodations for transient accommodations or other income producing purposes during a period of nonuse by timeshare owners.

16. Policies and procedures for the inspection of the books and records of the timeshare plan by timeshare owners.

17. Procedures for the amendment of the timeshare instruments for the timeshare plan.

18. If applicable, procedures for annexation of additional accommodations to the timeshare plan.

19. Policies and procedures in the event of condemnation, destruction or extensive damage to accommodations including provisions for the disposition of insurance proceeds or damages payable on account of damage or condemnation.

20. Policies and procedures on regular termination of the timeshare plan including details on what happens to a purchaser's interest on termination.

21. Policies and procedures for collective decision making and the undertaking of action by or in the name of the association, if any, including, if applicable, representation of timeshare interests in an association for the common interest subdivision in which the interests are located.

22. If applicable, allocation of the costs of maintenance and operation between those accommodations dedicated to a timeshare plan and accommodations in the same timeshare plan being used for transient accommodations.

23. Policies and procedures for entry into accommodations of the timeshare plan under authority granted by the association for the purpose of cleaning, maid service, maintenance and repair, including emergency repairs and for the purpose of abating a nuisance or a known or suspected dangerous or unlawful activity.