18 Va. Admin. Code § 48-45-130
Current through Register Vol. 41, No. 6, November 4, 2024
Section 18VAC48-45-130 - Minimum application requirements for registration of a time-share programA. The documents and information contained in §§ 55.1-2208, 55.1-2209, 55.1-2210, 55.1-2214, 55.1-2217, and 55.1-2239 of the Code of Virginia, as applicable, shall be included in the application for registration of a time-share program.B. The application for registration of a time-share program shall include the fee specified in 18VAC48-45-70.C. The following documents shall be included in the application for registration of a time-share program as exhibits. All exhibits shall be labeled as indicated and submitted in a format acceptable to the board. 1. Exhibit A: A copy of the certificate of incorporation or certificate of authority to transact business in Virginia issued by the Virginia State Corporation Commission, or any other entity formation documents, together with any trade or fictitious name certificate.2. Exhibit B: A certificate of recordation or other acceptable documents from the city or county where the time-share is located.3. Exhibit C: A copy of the title opinion, the title policy, or a statement of the condition of the title to each time-share project included in the time-share program, including encumbrances as of a specified date within 30 days of the date of application by a title company or licensed attorney who is not a salaried employee, officer, or director of the developer or owner, in accordance with subdivision A 5 of § 55.1-2239 of the Code of Virginia. If the developer is not the record owner of the land, a copy of any contract the developer has executed to purchase the land, any option the developer holds for the purchase of the land, or any lease under which the developer holds the land.4. Exhibit D: Proof that the applicant or developer owns or has the right to acquire an estate in the land constituting or to constitute each time-share project included in the time-share program, which is of at least as great a degree and duration as the estate to be conveyed in the time-share.5. Exhibit E: A statement of the zoning, subdivision, or land use obligations or proffers and other governmental regulations affecting the use of each time-share project included in the time-share program, including the site plans and building permits and their status, any existing tax, and existing or proposed special taxes or assessments that affect the time-share.6. Exhibit F: A copy of the time-share instrument, including all applicable amendments and exhibits, that will be delivered to a purchaser and copies of the contracts and other agreements that a purchaser will be required to agree to or sign.7. Exhibit G: A narrative description of the promotional plan for the disposition of the time-shares.8. Exhibit H: A copy of the proposed public offering statement that complies with § 55.1-2217 of the Code of Virginia and this chapter. Pursuant to subsection H of § 55.1-2217, a similar disclosure statement required by other situs laws governing time-sharing may be submitted for a time-share located outside of the Commonwealth.9. Exhibit I: A copy of the buyer's acknowledgment. Pursuant to § 55.1-2226 of the Code of Virginia, the purchaser shall be given this document prior to signing a purchase contract, and the document shall contain the information required by subsection B of § 55.1-2226.10. Exhibit J: The signed original of (i) any bond or letter of credit obtained pursuant to § 55.1-2220 of the Code of Virginia in lieu of escrowing deposits and (ii) any bond or letter of credit required by subsection B of § 55.1-2234 of the Code of Virginia, as applicable.11. Exhibit K: A copy of any management agreements and other contracts or agreements affecting the overall use, maintenance, management, or access of all or any part of the time-share program.12. Exhibit L: A list with the names of every officer, manager, owner, or principal, as applicable to the type of firm under which the developer is organized to do business, of the developer or persons occupying a similar status within or performing similar functions for the developer. The list must include each individual's residential address or other address valid for receipt of service, principal occupation for the past five years, and title.13. Exhibit M: A statement whether any of the individuals or entities named in Exhibit L are or have been involved as defendants in any indictment, conviction, judgment, decree, or order of any court or administrative agency against the developer or managing entity for violation of a federal, state, local, or foreign country law or regulation in connection with activities relating to time-share sales, land sales, land investments, security sales, construction or sale of homes or improvements, or any similar or related activity.14. Exhibit N: A statement whether, during the preceding five years, any of the individuals or entities named in Exhibit L have been adjudicated bankrupt or have undergone any proceeding for the relief of debtors.15. Exhibit O: If the developer has reserved the right to add to or delete from the time-share program any incidental benefit, a description of the incidental benefit shall be provided pursuant to subdivision A 13 of § 55.1-2239 of the Code of Virginia.16. Exhibit P: For any time-share program containing a conversion time-share project, a copy of the notice required by subsection D of § 55.1-2217 of the Code of Virginia and a certified statement that such notice shall be mailed or delivered to each of the tenants in the building of each conversion time-share project included in the time-share program.18 Va. Admin. Code § 48-45-130
Derived From Virginia Register Volume 32, Issue 10, eff. 3/1/2016; Amended, Virginia Register Volume 35, Issue 06, eff. 12/14/2018; Amended, Virginia Register Volume 36, Issue 06, eff. 12/30/2019; Amended, Virginia Register Volume 37, Issue 03, eff. 12/1/2020; Amended, Virginia Register Volume 40, Issue 6, eff. 1/1/2024.Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.