Mass. Gen. Laws ch. 183B § 29B

Current through Chapter 231 of the 2024

Section 183B:29B - Rights of time-share owners subject to forfeiture for non-payment of assessments

The rights of a time-share owner shall be subject to forfeiture in accordance with clauses (a) to (d), inclusive, for non-payment of assessments.

(a) Upon default in payment of assessments, and after all applicable cure periods have expired, the association shall provide written notice of default in payment of assessments to the time-share owner at the last known address thereof by certified and first class mail and shall provide a reasonable opportunity to cure of not less than 90 days from the date of the mailing of the notice letter.

(b) Prior to offering a time-share for sale for nonpayment of assessments, the association shall attempt in good faith and with reasonable precaution, to determine whether any person subject to forfeiture proceedings under this section is entitled to protection under the Service members Civil Relief Act of 2003, 50 U.S.C. App. Sec. 517, hereinafter "SCRA", in the same manner as set forth in clauses (b) and (c) of section 29A.

(c) With respect to forfeiture proceedings based upon nonpayment of assessments by the owner of a time-share license, the person or entity entitled to receive such payments shall have the option to: (i) foreclose in the manner prescribed in the time-share instrument or, if not prescribed, in accordance with this section; or (ii) sell by public or private sale, conducted in accordance with Part 6 of Article 9 of chapter 106 of the General Laws.

(d) If, after the expiration of the 90-day period, the time-share owner has not cured the default in the manner prescribed and the association has determined in good faith and with reasonable precaution that the time-share owner is not entitled to protection under SCRA, the association shall conduct a public auction sale under the following conditions:

(1)

(i) notice of such sale shall be published once in a public newspaper with a general circulation in the town or county in which the time-share property is situated not less than 30 days before the date of the sale, calculated by excluding the date of publication of the first notice and the date of sale;

(ii) at least 30 days prior to the date of sale, a written notice of the time, date and place of the auction shall be mailed, by certified mail and first class mail, to the last known address of the time-share owner of record, and to the last known address of all parties having a lien or other interest of record in the time-share estate or time-share license that is junior to the assessment lien and to any party holding a first mortgage or first security interest of record on the time-share estate or time-share license.

(iii) the notice shall contain the name of the time-share owner, the book and page or document number of the deed or other instrument evidencing such time-share owner's fee interest, lease or license, as applicable, the date, time and place of the sale, a general description of the time-share, and the terms of the sale. If more than 1 time-share is to be included in the sale, all such time-shares may be combined into 1 notice of sale, with 1 property description being given as set forth herein below;

(iv) the notice of forfeiture proceedings with respect to a lien for nonpayment of assessments on a time-share estate shall be printed in substantially the following form:

NOTICE OF SALE OF TIME-SHARE ESTATE OR ESTATES UNDER M.G.L. CHAPTER 183B,

By virtue of M.G.L. c. 183B, Section 29B and the constituent instruments of the _________________________ (name and address of time-share property), establishing a lien pursuant to M.G.L. c. 183B, Section 29 (a) on the time-share (or time-shares, if more than one) held by the time-share owner (or owners, if more than one) listed below, the time-share (or time-shares, if more than one) will be sold at Public Auction commencing at ________ on ___________, 20__ at ______________________, Massachusetts. (For each time-share, list name and address of the time-share owner or owners, a general description of the time-share and the book and page or document number of the deed or other instrument evidencing such time-share owner's fee interest, lease, or license, as applicable).

TERMS OF SALE: (State the deposit amount to be paid by the purchaser at the time and place of the sale, and the times(s) for payment of the balance or the whole as the case may be. The time-share estates, if more than one, may be sold in individual lots or as a group.) Other terms to be announced at the sale.

Signed_________________________

Lienholder, or counsel; and

(v) the printed notice required under clause (iv), published in accordance with this section, together with such other or further notice, if any, shall be deemed a sufficient notice of the sale and the time-share shall be deemed to have been sold, and the instrument conveying the time-share from the foreclosing entity shall transfer the time-share subject to, and with the benefit of, all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments and security instruments recorded prior to the recording of the notice of lien, whether or not reference to such restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments or security instruments is made in the said instrument of conveyance; provided, however, that no purchaser at such sale shall be bound to complete the purchase if encumbrances exist, other than those included in the notice of sale, which are not stated at the sale and included in the foreclosing entity's contract with the purchaser; and provided further, no such notice of sale shall be held to be invalid by reason of any error or irregularity which is neither substantial nor misleading.

(2)

(i) Unless the notice of sale otherwise provides, the sale shall take place on the time-share property;

(ii) the sale shall be by public auction, conducted by a Massachusetts licensed auctioneer and at the discretion of the auctioneer, the auctioneer may dispense with the reading of the names of the time-share owners if there is more than one, the description of time-share if there is more than one and the recording information if there is more than one instrument.

(iii) all rights of redemption of the time-share owner shall be extinguished upon the sale of a time-share pursuant to this section;

(iv) the association, its manager, and any time-share owner may bid at the sale and the successful buyer at such sale shall take title to the time-share free and clear of any and all outstanding obligations of the prior time-share owner to the association, except that if the buyer intends to use the time-share during the same fiscal year of the association in which the time-share was purchased, the buyer shall be obligated to pay the assessment for that year;

(v) upon closing, the association shall provide the buyer with:

(A) a deed or other appropriate instrument transferring the rights to the time-share;

(B) an affidavit of sale attesting to compliance with all requirements of the forfeiture proceedings pursuant to this section and that the holder has attempted in good faith and with reasonable precaution, to determine whether any person subject to forfeiture proceedings under this section is entitled to protection under the SCRA; and

(C) a resale certificate as required by section 42, if requested by the buyer.

(vi) the buyer shall record the deed or other instrument and the affidavit of sale with the appropriate registry of deeds no more than the later of 90 days after the sale date, or 90 days after the receipt of the deed from the association. Upon such recording, the buyer shall be deemed to be a bona fide purchaser of the time-share and shall not be subject to claims by the prior owner thereof that the forfeiture proceedings under this section are invalid under SCRA; and

(vii) within 30 days after the closing and delivery of the deed or other instrument and affidavit of sale, the association shall mail a notice detailing the results of the sale to the last known address of the former time-share owner and all parties which held a junior interest to that of the holder.

Mass. Gen. Laws ch. 183B, § 29B

Added by Acts 2010, c. 350,§ 6, eff. 1/4/2011.