The timeshare or vacation club regime must be established by public instrument and recorded in the Registry of Property in accordance with the provisions of §§ 1262—1268e of this title and §§ 2001 et seq. of Title 30, known as the “Mortgage and Property Registry Act”.
The timeshare or vacation club regime may be structured in such manner, at the option of the declarer, that the timeshares or vacation club rights will be either:
(a) A contractual right to use and occupy the accommodation or accommodations which are the object thereof, or
(b) a special type of property right with respect to a particular accommodation, coupled with the right to use and occupy the same and/or other accommodations which are the object thereof, which will be governed by the provisions of this chapter and in a suppletory manner, by the provisions of §§ 1271—1285 of this title relating to common ownership of property, except that:
(1) The timeshare regime’s or vacation club’s regulation of the use and enjoyment of the timeshare or vacation club accommodations and facilities shall be binding on all initial and subsequent timeshare or vacation club right owners and owners of accommodations and may only be amended as provided in this chapter;
(2) the provisions of § 1279 of this title relating to the division of the thing held in common and the provisions of § 1283 of this title relating to the forced sale of the thing held in common shall not be applicable to timeshare or vacation club property, and
(3) there shall be no right of redemption upon the sale or other alienation of a timeshare or vacation club right, except as otherwise set forth in the deed of dedication referred to in § 1264 of this title. Only protected accommodations may be the object of timeshares or vacation club rights, although accommodations which are not protected accommodations may be made available for supplemental use.
In addition to the timeshares and vacation club rights mentioned before, the timeshare or vacation club regime may also include, within the timeshare plan or vacation club, the possibility, subject to the provisions of this chapter, of the contractual grant of the right to use or conveyance or alienation of the special property right with respect to:
(1) Individual accommodations as a unit and,
(2) individual commercial units, provided, with respect to the latter, the operation thereof is restricted to the offering of products or services reasonably of interest to the occupants of the other accommodations in the property.
History —Dec. 26, 1995, No. 252, § 1-103; July 5, 1996, No. 66, § 2; Jan. 5, 1999, No. 3, § 23.