LegalFix

Section 20 - Powers of Association

MA Gen L ch 183b § 20 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 20. (a) Subject to the provisions of subsection (b) and the time-share instrument, the association, even if unincorporated, may:

(1) adopt and amend by-laws, rules, and regulations;

(2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for time-share expenses from time-share owners;

(3) hire and discharge managing agents and other agents, employees, and independent contractors;

(4) institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more time-share owners on matters affecting the time-share property or time-shares;

(5) make contracts and incur liabilities;

(6) Provide for and regulate the use, maintenance, repair, replacement, and modification of the time-share property;

(7) cause additional improvements to be made to the time-share property;

(8)(i) impose charges for late payment of assessments; (ii) after notice and an opportunity to be heard, levy reasonable fines for violations of the time-share instrument, by-laws, or rules and regulations of the association; and (iii) assess reasonable attorney's fees and collection agency fees incurred by the association in collection of such assessments and fines and the institution of forfeiture proceedings.

(9) impose reasonable charges for the preparation of resale certificates required by section forty-two or statements of unpaid assessments;

(10) exercise any other powers conferred by the time-share instrument or by-laws;

(11) impose and receive payments, fees, or charges for the use, rental, or operation of the time-share property, and for services provided to time-share owners;

(12) acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;

(13) assign its right to future income, including the right to receive time-share expense assessments, but only to the extent the time-share instrument expressly so provides;

(14) provide for the indemnification of its directors and officers and maintain directors' and officers' liability insurance; provided, however, that no indemnification shall be provided for any person with respect to any matter as to which he shall have been adjudicated in any proceeding not to have acted in good faith in the reasonable belief that his action was in the best interests of the time-share property;

(15) exercise all other powers that may be exercised by legal entities of the same type as the association; and

(16) exercise any other powers necessary and proper for the governance and operation of the association.

(b) The time-share instrument may not impose limitations on the power of the association to deal with the developer which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

(c) Except as otherwise provided in the time-share instrument, the manager, to the extent permitted by the management contract, may exercise the powers specified in clauses (1) to (11), inclusive, of subsection (a).

(d) If the time-share property is part of a project, this section and section twenty-one shall not confer any powers on the managing entity, the developer, or the time-share owners with respect to any portion of the project other than the time-share property.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 20 - Powers of Association