{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2200.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2200.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2200.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2200.html"}],"law_id":56667,"edition_id":1,"section_id":56667,"structure_id":14821,"section_number":"55.1-2200","catch_line":"Definitions","history":"1981, c. 462, \u00a7 55-362; 1985, c. 517; 1986, c. 359; 1991, c. 704; 1994, c. 580; 1998, c. 460; 2001, c. 543; 2004, c. 143; 2007, c. 267; 2008, cc. 376, 851, 871; 2012, c. 751; 2019, c. 712; 2020, c. 1011.","full_text":"As used in this chapter, or in a time-share instrument, unless the context requires a different meaning:\n\t\t“Additional land” means all land that a time-share developer has identified as land that may be added to a time-share project.\n\t\t“Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified.\n\t\t“Alternative purchase” means anything valued in excess of $100 that is offered to a potential purchaser by the developer during the developer’s sales presentation and that is purchased by such potential purchaser for more than $100, even though the purchaser did not purchase a time-share. An alternative purchase is not a time-share. A membership camping contract as defined in \u00a7 59.1-313 is not an alternative purchase. An alternative purchase shall be registered with the Board unless it is otherwise registered as a travel service under the Virginia Travel Club Act (\u00a7 59.1-445 et seq.) and shall include vacation packages, however denominated, and exit programs, however denominated.\n\t\t“Association” means the association organized under the provisions of \u00a7 55.1-2209.\n\t\t“Board” means the Common Interest Community Board.\n\t\t“Board of directors” means an executive and administrative entity, by whatever name denominated, designated in a time-share instrument as the governing body of the time-share estate owners’ association.\n\t\t“Common elements” means the real estate, improvements on such real estate, and the personalty situated within the time-share project that are subject to the time-share program. “Common elements” does not include the units and the time-shares.\n\t\t“Consumer documents” means the aggregate of the following documents: the reverter deed, the note, the deed of trust, and any document that is to be provided to consumers in connection with an offering.\n\t\t“Contact information” means any information that can be used to contact an owner, including the owner’s name, address, telephone number, email address, or user identity on any electronic networking service.\n\t\t“Contract,” “sales contract,” “purchase contract,” “contract of purchase,” or “contract to purchase,” which shall be interchangeable throughout this chapter, means any legally binding instrument executed by the developer and a purchaser by which the developer is obligated to sell and the purchaser is obligated to purchase either a time-share and its incidental benefits or an alternative purchase registered under this chapter.\n\t\t“Conversion time-share project” means a real estate improvement that, prior to the disposition of any time-share, was wholly or partially occupied by persons as their permanent residence or on a transient pay-as-you-go basis other than those who have contracted for the purchase of a time-share and those who occupy with the consent of such purchasers.\n\t\t“Cost of ownership” means all of the owner’s expenses related to a resale time-share due between the date of a resale transfer contract and the transfer of the resale time-share.\n\t\t“Deed” means the instrument by which title to a time-share estate is transferred from one person to another person.\n\t\t“Deed of trust” means the instrument conveying the time-share estate that is given as security for the payment of the note.\n\t\t“Default” means either a failure to have made any payment in full and on time or a violation of a performance obligation required by a consumer document for a period of no less than 60 days.\n\t\t“Developer” means any person or group of persons acting in concert that (i) offers to dispose of a time-share or its interest in a time-share unit for which there has not been a previous disposition or (ii) applies for registration of the time-share program.\n\t\t“Developer control period” means a period of time during which the developer or a managing agent selected by the developer manages and controls the time-share project and the common elements and units it comprises.\n\t\t“Development right” means any right reserved by the developer to create additional units that may be dedicated to the time-share program.\n\t\t“Dispose” or “disposition” means a transfer of a legal or equitable interest in a time-share, other than a transfer or release of security for a debt.\n\t\t“Exchange agent” or “exchange company” means a person that exchanges or offers to exchange time-shares in an exchange program with other time-shares.\n\t\t“Exchange program” means any opportunity or procedure for the assignment or exchange of time-shares among owners in other time-share programs as evidenced by a past or present written agreement executed between an exchange company and the developer or the time-share estate association; however, an “exchange program” shall not be either an incidental benefit or an opportunity or procedure by which a time-share owner can exchange his time-share for another time-share within either the same time-share project or another time-share project owned in part by the developer.\n\t\t“Guest” means (i) a person who is on the project, additional land, or development at the request of an owner, developer, association, or managing agent or (ii) a person otherwise legally entitled to be on such project, additional land, or development. “Guest” includes family members of owners; time-share exchange participants; merchants, purveyors, or vendors; and employees of such merchants, purveyors, and vendors; the developer; or the association.\n\t\t“Incidental benefit” means anything valued in excess of $100 provided by the developer that is acquired by a purchaser upon acquisition of a time-share and includes exchange rights, travel insurance, bonus weeks, upgrade entitlements, travel coupons, referral awards, and golf and tennis packages. An incidental benefit is not a time-share or an exchange program. An incidental benefit shall not be registered with the Board.\n\t\t“Inherent risks of project activity” means those dangers or conditions that are an integral part of a project activity, including certain hazards, such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in association or time-share project operations. “Inherent risks of project activity” also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the project professional or failing to exercise reasonable caution while engaging in the project activity.\n\t\t“Lead dealer” means a person that sells or otherwise provides to any other person contact information concerning five or more owners to be used for a resale service. “Lead dealer” does not mean developers, managing entities, or exchange companies to the extent that such entities are providing other persons with personal contact information about time-share owners in their own time-share programs or members of their own exchange program.\n\t\t“Lien holder” means either a person that holds an interest in an encumbrance that is not released of record as to a purchaser or such person’s successor in interest that acquires title to the time-share project at foreclosure, by deed in lieu of foreclosure, or by any other instrument however denominated.\n\t\t“Managing agent” means a person that undertakes the duties, responsibilities, and obligations of the management of a time-share project.\n\t\t“Managing entity” means the managing agent or, if there is no managing agent, the time-share owners’ association in a time-share estate project and the developer in a time-share use project.\n\t\t“Material change” means a change in any information or document disclosed in or attached to the public offering statement that renders inaccurate, incomplete, or misleading any information or document in such a way as to affect substantially a purchaser’s rights or obligations, but does not include a change (i) in the real estate tax assessment or rate, utility charges or deposits, maintenance fees, association dues, assessments, special assessments, or any recurring time-share expense item, provided that such change is made known (a) immediately to the prospective purchaser by a written addendum in the public offering statement and (b) to the Board by filing with the developer’s annual report copies of the updated changes occurring over the immediately preceding 12 months; (ii) that is an aspect or result of the orderly development of the time-share project in accordance with the time-share instrument; (iii) resulting from new, updated, or amended information contained in the annual report prepared and distributed pursuant to \u00a7 55.1-2213; (iv) correcting spelling, grammar, omissions, or other similar errors not affecting the substance of the public offering statement; or (v) occurring in the issuance of an exchange company’s updated annual report or disclosure document, provided that, upon its receipt by the developer, it shall be distributed in lieu of all others in order to satisfy \u00a7 55.1-2217.\n\t\t“Note” means the instrument that evidences the debt occasioned by the deferred purchase of a time-share.\n\t\t“Offering” or “offer” means any act that originates in the Commonwealth to sell, solicit, induce, or advertise, whether by radio, television, telephone, newspaper, magazine, or mail, during which a person is given an opportunity to acquire a time-share.\n\t\t“Participant” means any person, other than a project professional, that engages in a project activity.\n\t\t“Person” means one or more natural persons, corporations, partnerships, associations, trustees of a trust, limited liability companies, or other entities, or any combination thereof, capable of holding title to real property.\n\t\t“Possibility of reverter” means a provision contained in a reverter deed by which the time-share estate automatically reverts or transfers back to the developer upon satisfaction of the requirements imposed by \u00a7 55.1-2222.\n\t\t“Product” means each time-share program and all alternative purchases.\n\t\t“Project activity” means any activity carried out or conducted on a common element, within a time-share unit or elsewhere in the project, additional land, or development, that allows owners, their guests, and members of the general public to view, observe, participate, or enjoy activities. “Project activity” includes swimming pools, spas, sporting venues, and cultural, historical, or harvest-your-own activities; other amenities and events; or natural activities and attractions for recreational, entertainment, educational, or social purposes. Such activity is a project activity whether or not the participant paid to participate in the activity.\n\t\t“Project professional” means any person that is engaged in the business of providing one or more project activities, whether or not for compensation. For the purposes of this definition, the developer, association, and managing entity shall each be deemed a project professional.\n\t\t“Public offering statement” means the statement required by \u00a7 55.1-2217.\n\t\t“Purchaser” means any person other than a developer or lender that owns or acquires a product or that otherwise enters into a contract for the purchase of a product.\n\t\t“Resale purchase contract” means an agreement negotiated by a reseller by which an owner or a reseller agrees to sell, and a subsequent purchaser agrees to buy, a resale time-share.\n\t\t“Resale service” means engaging, directly or indirectly, for compensation, in any of the following either in person or by any medium of communication: (i) selling or offering to sell or list for sale for the owner a resale time-share, (ii) buying or offering to buy a resale time-share for transfer to a subsequent purchaser, (iii) transferring a resale time-share acquired from an owner to a subsequent purchaser or offering to assist in such transfer, (iv) invalidating or offering to invalidate for an owner the title of a resale time-share, or (v) advertising or soliciting to advertise or promote the transfer or invalidation of a resale time-share. Resale service does not include an individual’s selling or offering to sell his own time-share unit.\n\t\t“Resale time-share” means a time-share, wherever located, that has previously been sold to an owner who is a natural person for personal, family, or household use and that is transferred, or is intended to be transferred, through a resale service.\n\t\t“Resale transfer contract” means an agreement between a reseller and the owner by which the reseller agrees to transfer or assist in the transfer of the owner’s resale time-share.\n\t\t“Reseller” means any person who, directly or indirectly, engages in a resale service.\n\t\t“Reverter deed” means the deed from a developer to a grantee that contains a possibility of reverter.\n\t\t“Sales person” means a person who sells or offers to sell time-share interests in a time-share program.\n\t\t“Situs” means the place outside the Commonwealth where a developer’s time-share project is located.\n\t\t“Subsequent purchaser” means the purchaser or transferee of a resale time-share.\n\t\t“Time-share” means either a time-share estate or a time-share use plus its incidental benefits.\n\t\t“Time-share estate” means a right to occupy a time-share unit or any of several time-share units during five or more separated time periods over a period of at least five years, including renewal options, coupled with a freehold estate or an estate for years in one or more time-share units or a specified portion of such time-share units.\n\t\t“Time-share estate occupancy expense” means all costs and expenses incurred in (i) the formation, organization, operation, and administration, including capital contributions thereto, of the association and both its board of directors and its members and (ii) all owners’ use and occupancy of the time-share estate project, including without limitation its completed and occupied time-share estate units and common elements available for use. Such costs and expenses include maintenance and housekeeping charges; repairs; refurbishing costs; insurance premiums, including the premium for comprehensive general liability insurance required by subdivision 8 of \u00a7 55.1-2209; taxes; properly allocated labor, operational, and overhead costs; general and administrative expenses; the managing agent’s fee; utility charges and deposits; the cost of periodic repair and replacement of walls and window treatments and furnishings, including furniture and appliances; filing fees and annual registration charges of the State Corporation Commission and the Board; attorney fees and accountant charges; and reserves for any of the foregoing.\n\t\t“Time-share estate subject to reverter” means a time-share estate (i) entitling the holder thereof to occupy units not more than four weeks in any one-year period and (ii) for which the down payment is not more than 20 percent of the total purchase price of the time-share estate.\n\t\t“Time-share expense” means (i) expenditures, fees, charges, or liabilities incurred with respect to the operation, maintenance, administration, or insuring of the time-shares, units, and common elements comprising the entire time-share project, whether or not incurred for the repair, renovation, upgrade, refurbishing, or capital improvements, and (ii) any allocations of reserves.\n\t\t“Time-share instrument” or “project instrument” means any document, however denominated, that creates the time-share project and program and that may contain restrictions or covenants regulating the use, occupancy, or disposition of time-shares in a project.\n\t\t“Time-share owner” or “owner” means a person that is an owner or co-owner of a time-share other than as security for an obligation.\n\t\t“Time-share program” or “program” means any arrangement of time-shares in one or more time-share projects by which the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use in which such use, occupancy, or possession circulates among owners of the time-shares according to a fixed or floating time schedule on a periodic basis occurring over any period of time in excess of five years.\n\t\t“Time-share project” or “project” means all of the real property subject to a time-share program created by the execution of a time-share instrument.\n\t\t“Time-share unit” or “unit” means the real property or real property improvement in a project that is divided into time-shares and designated for separate occupancy and use.\n\t\t“Time-share use” means a right to occupy a time-share unit or any of several time-share units during five or more separated time periods over a period of at least five years, including renewal options, not coupled with a freehold estate or an estate for years in a time-share project or a specified portion of such time-share project.\n\t\t“Transfer” means a voluntary conveyance of a resale time-share to a person other than the developer, association, or managing entity of the time-share program of which the resale time-share is a part or to a person taking ownership by gift, foreclosure, or deed in lieu of foreclosure.","order_by":null,"text":{"0":{"id":207343,"text":"As used in this chapter, or in a time-share instrument, unless the context requires a different meaning:\n\t\t“Additional land” means all land that a time-share developer has identified as land that may be added to a time-share project.\n\t\t“Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified.\n\t\t“Alternative purchase” means anything valued in excess of $100 that is offered to a potential purchaser by the developer during the developer’s sales presentation and that is purchased by such potential purchaser for more than $100, even though the purchaser did not purchase a time-share. An alternative purchase is not a time-share. A membership camping contract as defined in \u00a7 59.1-313 is not an alternative purchase. An alternative purchase shall be registered with the Board unless it is otherwise registered as a travel service under the Virginia Travel Club Act (\u00a7 59.1-445 et seq.) and shall include vacation packages, however denominated, and exit programs, however denominated.\n\t\t“Association” means the association organized under the provisions of \u00a7 55.1-2209.\n\t\t“Board” means the Common Interest Community Board.\n\t\t“Board of directors” means an executive and administrative entity, by whatever name denominated, designated in a time-share instrument as the governing body of the time-share estate owners’ association.\n\t\t“Common elements” means the real estate, improvements on such real estate, and the personalty situated within the time-share project that are subject to the time-share program. “Common elements” does not include the units and the time-shares.\n\t\t“Consumer documents” means the aggregate of the following documents: the reverter deed, the note, the deed of trust, and any document that is to be provided to consumers in connection with an offering.\n\t\t“Contact information” means any information that can be used to contact an owner, including the owner’s name, address, telephone number, email address, or user identity on any electronic networking service.\n\t\t“Contract,” “sales contract,” “purchase contract,” “contract of purchase,” or “contract to purchase,” which shall be interchangeable throughout this chapter, means any legally binding instrument executed by the developer and a purchaser by which the developer is obligated to sell and the purchaser is obligated to purchase either a time-share and its incidental benefits or an alternative purchase registered under this chapter.\n\t\t“Conversion time-share project” means a real estate improvement that, prior to the disposition of any time-share, was wholly or partially occupied by persons as their permanent residence or on a transient pay-as-you-go basis other than those who have contracted for the purchase of a time-share and those who occupy with the consent of such purchasers.\n\t\t“Cost of ownership” means all of the owner’s expenses related to a resale time-share due between the date of a resale transfer contract and the transfer of the resale time-share.\n\t\t“Deed” means the instrument by which title to a time-share estate is transferred from one person to another person.\n\t\t“Deed of trust” means the instrument conveying the time-share estate that is given as security for the payment of the note.\n\t\t“Default” means either a failure to have made any payment in full and on time or a violation of a performance obligation required by a consumer document for a period of no less than 60 days.\n\t\t“Developer” means any person or group of persons acting in concert that (i) offers to dispose of a time-share or its interest in a time-share unit for which there has not been a previous disposition or (ii) applies for registration of the time-share program.\n\t\t“Developer control period” means a period of time during which the developer or a managing agent selected by the developer manages and controls the time-share project and the common elements and units it comprises.\n\t\t“Development right” means any right reserved by the developer to create additional units that may be dedicated to the time-share program.\n\t\t“Dispose” or “disposition” means a transfer of a legal or equitable interest in a time-share, other than a transfer or release of security for a debt.\n\t\t“Exchange agent” or “exchange company” means a person that exchanges or offers to exchange time-shares in an exchange program with other time-shares.\n\t\t“Exchange program” means any opportunity or procedure for the assignment or exchange of time-shares among owners in other time-share programs as evidenced by a past or present written agreement executed between an exchange company and the developer or the time-share estate association; however, an “exchange program” shall not be either an incidental benefit or an opportunity or procedure by which a time-share owner can exchange his time-share for another time-share within either the same time-share project or another time-share project owned in part by the developer.\n\t\t“Guest” means (i) a person who is on the project, additional land, or development at the request of an owner, developer, association, or managing agent or (ii) a person otherwise legally entitled to be on such project, additional land, or development. “Guest” includes family members of owners; time-share exchange participants; merchants, purveyors, or vendors; and employees of such merchants, purveyors, and vendors; the developer; or the association.\n\t\t“Incidental benefit” means anything valued in excess of $100 provided by the developer that is acquired by a purchaser upon acquisition of a time-share and includes exchange rights, travel insurance, bonus weeks, upgrade entitlements, travel coupons, referral awards, and golf and tennis packages. An incidental benefit is not a time-share or an exchange program. An incidental benefit shall not be registered with the Board.\n\t\t“Inherent risks of project activity” means those dangers or conditions that are an integral part of a project activity, including certain hazards, such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in association or time-share project operations. “Inherent risks of project activity” also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the project professional or failing to exercise reasonable caution while engaging in the project activity.\n\t\t“Lead dealer” means a person that sells or otherwise provides to any other person contact information concerning five or more owners to be used for a resale service. “Lead dealer” does not mean developers, managing entities, or exchange companies to the extent that such entities are providing other persons with personal contact information about time-share owners in their own time-share programs or members of their own exchange program.\n\t\t“Lien holder” means either a person that holds an interest in an encumbrance that is not released of record as to a purchaser or such person’s successor in interest that acquires title to the time-share project at foreclosure, by deed in lieu of foreclosure, or by any other instrument however denominated.\n\t\t“Managing agent” means a person that undertakes the duties, responsibilities, and obligations of the management of a time-share project.\n\t\t“Managing entity” means the managing agent or, if there is no managing agent, the time-share owners’ association in a time-share estate project and the developer in a time-share use project.\n\t\t“Material change” means a change in any information or document disclosed in or attached to the public offering statement that renders inaccurate, incomplete, or misleading any information or document in such a way as to affect substantially a purchaser’s rights or obligations, but does not include a change (i) in the real estate tax assessment or rate, utility charges or deposits, maintenance fees, association dues, assessments, special assessments, or any recurring time-share expense item, provided that such change is made known (a) immediately to the prospective purchaser by a written addendum in the public offering statement and (b) to the Board by filing with the developer’s annual report copies of the updated changes occurring over the immediately preceding 12 months; (ii) that is an aspect or result of the orderly development of the time-share project in accordance with the time-share instrument; (iii) resulting from new, updated, or amended information contained in the annual report prepared and distributed pursuant to \u00a7 55.1-2213; (iv) correcting spelling, grammar, omissions, or other similar errors not affecting the substance of the public offering statement; or (v) occurring in the issuance of an exchange company’s updated annual report or disclosure document, provided that, upon its receipt by the developer, it shall be distributed in lieu of all others in order to satisfy \u00a7 55.1-2217.\n\t\t“Note” means the instrument that evidences the debt occasioned by the deferred purchase of a time-share.\n\t\t“Offering” or “offer” means any act that originates in the Commonwealth to sell, solicit, induce, or advertise, whether by radio, television, telephone, newspaper, magazine, or mail, during which a person is given an opportunity to acquire a time-share.\n\t\t“Participant” means any person, other than a project professional, that engages in a project activity.\n\t\t“Person” means one or more natural persons, corporations, partnerships, associations, trustees of a trust, limited liability companies, or other entities, or any combination thereof, capable of holding title to real property.\n\t\t“Possibility of reverter” means a provision contained in a reverter deed by which the time-share estate automatically reverts or transfers back to the developer upon satisfaction of the requirements imposed by \u00a7 55.1-2222.\n\t\t“Product” means each time-share program and all alternative purchases.\n\t\t“Project activity” means any activity carried out or conducted on a common element, within a time-share unit or elsewhere in the project, additional land, or development, that allows owners, their guests, and members of the general public to view, observe, participate, or enjoy activities. “Project activity” includes swimming pools, spas, sporting venues, and cultural, historical, or harvest-your-own activities; other amenities and events; or natural activities and attractions for recreational, entertainment, educational, or social purposes. Such activity is a project activity whether or not the participant paid to participate in the activity.\n\t\t“Project professional” means any person that is engaged in the business of providing one or more project activities, whether or not for compensation. For the purposes of this definition, the developer, association, and managing entity shall each be deemed a project professional.\n\t\t“Public offering statement” means the statement required by \u00a7 55.1-2217.\n\t\t“Purchaser” means any person other than a developer or lender that owns or acquires a product or that otherwise enters into a contract for the purchase of a product.\n\t\t“Resale purchase contract” means an agreement negotiated by a reseller by which an owner or a reseller agrees to sell, and a subsequent purchaser agrees to buy, a resale time-share.\n\t\t“Resale service” means engaging, directly or indirectly, for compensation, in any of the following either in person or by any medium of communication: (i) selling or offering to sell or list for sale for the owner a resale time-share, (ii) buying or offering to buy a resale time-share for transfer to a subsequent purchaser, (iii) transferring a resale time-share acquired from an owner to a subsequent purchaser or offering to assist in such transfer, (iv) invalidating or offering to invalidate for an owner the title of a resale time-share, or (v) advertising or soliciting to advertise or promote the transfer or invalidation of a resale time-share. Resale service does not include an individual’s selling or offering to sell his own time-share unit.\n\t\t“Resale time-share” means a time-share, wherever located, that has previously been sold to an owner who is a natural person for personal, family, or household use and that is transferred, or is intended to be transferred, through a resale service.\n\t\t“Resale transfer contract” means an agreement between a reseller and the owner by which the reseller agrees to transfer or assist in the transfer of the owner’s resale time-share.\n\t\t“Reseller” means any person who, directly or indirectly, engages in a resale service.\n\t\t“Reverter deed” means the deed from a developer to a grantee that contains a possibility of reverter.\n\t\t“Sales person” means a person who sells or offers to sell time-share interests in a time-share program.\n\t\t“Situs” means the place outside the Commonwealth where a developer’s time-share project is located.\n\t\t“Subsequent purchaser” means the purchaser or transferee of a resale time-share.\n\t\t“Time-share” means either a time-share estate or a time-share use plus its incidental benefits.\n\t\t“Time-share estate” means a right to occupy a time-share unit or any of several time-share units during five or more separated time periods over a period of at least five years, including renewal options, coupled with a freehold estate or an estate for years in one or more time-share units or a specified portion of such time-share units.\n\t\t“Time-share estate occupancy expense” means all costs and expenses incurred in (i) the formation, organization, operation, and administration, including capital contributions thereto, of the association and both its board of directors and its members and (ii) all owners’ use and occupancy of the time-share estate project, including without limitation its completed and occupied time-share estate units and common elements available for use. Such costs and expenses include maintenance and housekeeping charges; repairs; refurbishing costs; insurance premiums, including the premium for comprehensive general liability insurance required by subdivision 8 of \u00a7 55.1-2209; taxes; properly allocated labor, operational, and overhead costs; general and administrative expenses; the managing agent’s fee; utility charges and deposits; the cost of periodic repair and replacement of walls and window treatments and furnishings, including furniture and appliances; filing fees and annual registration charges of the State Corporation Commission and the Board; attorney fees and accountant charges; and reserves for any of the foregoing.\n\t\t“Time-share estate subject to reverter” means a time-share estate (i) entitling the holder thereof to occupy units not more than four weeks in any one-year period and (ii) for which the down payment is not more than 20 percent of the total purchase price of the time-share estate.\n\t\t“Time-share expense” means (i) expenditures, fees, charges, or liabilities incurred with respect to the operation, maintenance, administration, or insuring of the time-shares, units, and common elements comprising the entire time-share project, whether or not incurred for the repair, renovation, upgrade, refurbishing, or capital improvements, and (ii) any allocations of reserves.\n\t\t“Time-share instrument” or “project instrument” means any document, however denominated, that creates the time-share project and program and that may contain restrictions or covenants regulating the use, occupancy, or disposition of time-shares in a project.\n\t\t“Time-share owner” or “owner” means a person that is an owner or co-owner of a time-share other than as security for an obligation.\n\t\t“Time-share program” or “program” means any arrangement of time-shares in one or more time-share projects by which the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use in which such use, occupancy, or possession circulates among owners of the time-shares according to a fixed or floating time schedule on a periodic basis occurring over any period of time in excess of five years.\n\t\t“Time-share project” or “project” means all of the real property subject to a time-share program created by the execution of a time-share instrument.\n\t\t“Time-share unit” or “unit” means the real property or real property improvement in a project that is divided into time-shares and designated for separate occupancy and use.\n\t\t“Time-share use” means a right to occupy a time-share unit or any of several time-share units during five or more separated time periods over a period of at least five years, including renewal options, not coupled with a freehold estate or an estate for years in a time-share project or a specified portion of such time-share project.\n\t\t“Transfer” means a voluntary conveyance of a resale time-share to a person other than the developer, association, or managing entity of the time-share program of which the resale time-share is a part or to a person taking ownership by gift, foreclosure, or deed in lieu of foreclosure.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14821,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13543,"metadata":{},"date_created":"2026-06-26 03:50:08","date_modified":"2026-06-26 03:50:08","permalink":{"id":247471,"object_type":"structure","relational_id":14821,"identifier":"1","token":"55.1\/IV\/22\/1","url":"\/55.1\/IV\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13543,"edition_id":1,"name":"Virginia Real Estate Time-Share Act","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":247469,"object_type":"structure","relational_id":13543,"identifier":"22","token":"55.1\/IV\/22","url":"\/55.1\/IV\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56667,"structure_id":14821,"section_number":"55.1-2200","catch_line":"Definitions","url":"\/55.1-2200\/","token":"55.1\/IV\/22\/1\/55.1-2200","metadata":false},{"id":61697,"structure_id":14821,"section_number":"55.1-2201","catch_line":"Applicability","url":"\/55.1-2201\/","token":"55.1\/IV\/22\/1\/55.1-2201","metadata":false},{"id":75239,"structure_id":14821,"section_number":"55.1-2202","catch_line":"Administrative agency","url":"\/55.1-2202\/","token":"55.1\/IV\/22\/1\/55.1-2202","metadata":false},{"id":86282,"structure_id":14821,"section_number":"55.1-2203","catch_line":"Status of time-share estates with respect to real property interests","url":"\/55.1-2203\/","token":"55.1\/IV\/22\/1\/55.1-2203","metadata":false},{"id":68031,"structure_id":14821,"section_number":"55.1-2204","catch_line":"Applicability of local ordinances, regulations, and building codes","url":"\/55.1-2204\/","token":"55.1\/IV\/22\/1\/55.1-2204","metadata":false},{"id":64236,"structure_id":14821,"section_number":"55.1-2205","catch_line":"Use of terms","url":"\/55.1-2205\/","token":"55.1\/IV\/22\/1\/55.1-2205","metadata":false},{"id":63785,"structure_id":14821,"section_number":"55.1-2206","catch_line":"Severability of provisions of time-share instruments","url":"\/55.1-2206\/","token":"55.1\/IV\/22\/1\/55.1-2206","metadata":false}],"next_section":{"id":61697,"structure_id":14821,"section_number":"55.1-2201","catch_line":"Applicability","url":"\/55.1-2201\/","token":"55.1\/IV\/22\/1\/55.1-2201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2200\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 462 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 517; in 1986, chapter 359; in 1991, chapter 704; in 1994, chapter 580<\/a>; in 1998, chapter 460<\/a>; in 2001, chapter 543<\/a>; in 2004, chapter 143<\/a>; in 2007, chapter 267<\/a>; in 2008, chapters 376<\/a>, 851<\/a>, and 871<\/a>; in 2012, chapter 751<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 1011<\/a>.<\/p>","references":[{"id":81829,"section_number":"15.2-983","catch_line":"Creation of registry for short-term rental of property","order_by":null,"url":"\/15.2-983\/"},{"id":79054,"section_number":"43-7","catch_line":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","order_by":null,"url":"\/43-7\/"},{"id":68405,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","order_by":null,"url":"\/46.2-1231\/"},{"id":69434,"section_number":"46.2-1232","catch_line":"Localities may regulate removal or immobilization of trespassing vehicles","order_by":null,"url":"\/46.2-1232\/"},{"id":73865,"section_number":"54.1-2103","catch_line":"Exemptions from chapter","order_by":null,"url":"\/54.1-2103\/"},{"id":55467,"section_number":"54.1-2345","catch_line":"Definitions","order_by":null,"url":"\/54.1-2345\/"},{"id":73925,"section_number":"54.1-2347","catch_line":"Exceptions and exemptions generally","order_by":null,"url":"\/54.1-2347\/"},{"id":75397,"section_number":"54.1-2349","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/54.1-2349\/"},{"id":75527,"section_number":"54.1-2351","catch_line":"General powers and duties of Board concerning associations","order_by":null,"url":"\/54.1-2351\/"},{"id":78745,"section_number":"54.1-2352","catch_line":"Cease and desist orders","order_by":null,"url":"\/54.1-2352\/"},{"id":55980,"section_number":"54.1-2354","catch_line":"Variation by agreement","order_by":null,"url":"\/54.1-2354\/"},{"id":83636,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","order_by":null,"url":"\/55.1-1201\/"},{"id":82472,"section_number":"55.1-1801","catch_line":"Applicability","order_by":null,"url":"\/55.1-1801\/"},{"id":61697,"section_number":"55.1-2201","catch_line":"Applicability","order_by":null,"url":"\/55.1-2201\/"},{"id":83734,"section_number":"59.1-314","catch_line":"Conflicts with other statutes","order_by":null,"url":"\/59.1-314\/"},{"id":59857,"section_number":"59.1-321","catch_line":"Exemption from registration under other acts","order_by":null,"url":"\/59.1-321\/"},{"id":63408,"section_number":"59.1-448.1","catch_line":"Public offering statement","order_by":null,"url":"\/59.1-448.1\/"},{"id":61393,"section_number":"59.1-453","catch_line":"Exemptions","order_by":null,"url":"\/59.1-453\/"}],"refers_to":[{"id":66509,"section_number":"55.1-2209","catch_line":"Time-share instrument for time-share estate project","order_by":null,"url":"\/55.1-2209\/"},{"id":66226,"section_number":"55.1-2213","catch_line":"Time-share estate owners' association annual report","order_by":null,"url":"\/55.1-2213\/"},{"id":64589,"section_number":"55.1-2217","catch_line":"Public offering statement","order_by":null,"url":"\/55.1-2217\/"},{"id":58820,"section_number":"55.1-2222","catch_line":"Possibility of reverter","order_by":null,"url":"\/55.1-2222\/"},{"id":68092,"section_number":"59.1-313","catch_line":"Definitions","order_by":null,"url":"\/59.1-313\/"},{"id":64127,"section_number":"59.1-445","catch_line":"Definitions","order_by":null,"url":"\/59.1-445\/"}],"permalink":{"id":247473,"object_type":"law","relational_id":56667,"identifier":"55.1-2200","token":"55.1\/IV\/22\/1\/55.1-2200","url":"\/55.1-2200\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2200\/","token":"55.1\/IV\/22\/1\/55.1-2200","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2200","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, or in a time-share instrument<\/span>, unless the context requires a different meaning:\n\t\t“Additional land<\/span>” means all land that a time-share developer has identified as land that may be added to a time-share project.\n\t\t“Affiliate<\/span>” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified.\n\t\t“Alternative purchase<\/span>” means anything valued in excess of $100 that is offered to a potential purchaser by the developer during the developer’s sales presentation and that is purchased by such potential purchaser for more than $100, even though the purchaser did not purchase a time-share. An alternative purchase<\/span> is not a time-share. A membership camping contract as defined in \u00a7 59.1-313<\/a> is not an alternative purchase<\/span>. An alternative purchase<\/span> shall be registered with the Board unless it is otherwise registered as a travel service under the Virginia Travel Club Act (\u00a7 59.1-445<\/a> et seq.) and shall include vacation packages, however denominated, and exit programs, however denominated.\n\t\t“Association<\/span>” means the association<\/span> organized under the provisions of \u00a7 55.1-2209<\/a>.\n\t\t“Board” means the Common Interest Community Board.\n\t\t“Board of directors<\/span>” means an executive and administrative entity, by whatever name denominated, designated in a time-share instrument<\/span> as the governing body of the time-share estate owners’ association<\/span>.\n\t\t“Common elements<\/span>” means the real estate, improvements on such real estate, and the personalty situated within the time-share project that are subject to the time-share program<\/span>. “Common elements<\/span>” does not include the units and the time-shares<\/span>.\n\t\t“Consumer documents<\/span>” means the aggregate of the following documents: the reverter deed<\/span>, the note<\/span>, the deed of trust<\/span>, and any document that is to be provided to consumers in connection with an offering.\n\t\t“Contact information<\/span>” means any information that can be used to contact an owner, including the owner’s name, address, telephone number, email address, or user identity on any electronic networking service.\n\t\t“Contract,” “sales contract,” “purchase contract,” “contract of purchase,” or “contract to purchase,” which shall be interchangeable throughout this chapter, means any legally binding instrument executed by the developer and a purchaser by which the developer is obligated to sell and the purchaser is obligated to purchase either a time-share and its incidental benefits<\/span> or an alternative purchase<\/span> registered under this chapter.\n\t\t“Conversion time-share project<\/span>” means a real estate improvement that, prior to the disposition<\/span> of any time-share, was wholly or partially occupied by persons<\/span> as their permanent residence or on a transient pay-as-you-go basis other than those who have contracted for the purchase of a time-share and those who occupy with the consent of such purchasers<\/span>.\n\t\t“Cost of ownership<\/span>” means all of the owner’s expenses related to a resale time-share<\/span> due between the date of a resale transfer contract<\/span> and the transfer of the resale time-share<\/span>.\n\t\t“Deed” means the instrument by which title to a time-share estate is transferred from one person to another person.\n\t\t“Deed of trust<\/span>” means the instrument conveying the time-share estate that is given as security for the payment of the note<\/span>.\n\t\t“Default<\/span>” means either a failure to have made any payment in full and on time or a violation of a performance obligation required by a consumer document for a period of no less than 60 days.\n\t\t“Developer” means any person or group of persons<\/span> acting in concert that (i) offers<\/span> to dispose<\/span> of a time-share or its interest in a time-share unit<\/span> for which there has not been a previous disposition<\/span> or (ii) applies for registration of the time-share program<\/span>.\n\t\t“Developer control period<\/span>” means a period of time during which the developer or a managing agent<\/span> selected by the developer manages and controls the time-share project and the common elements<\/span> and units it comprises.\n\t\t“Development right<\/span>” means any right reserved by the developer to create additional units that may be dedicated to the time-share program<\/span>.\n\t\t“Dispose<\/span>” or “disposition<\/span>” means a transfer of a legal or equitable<\/span> interest in a time-share, other than a transfer or release of security for a debt.\n\t\t“Exchange agent<\/span>” or “exchange company<\/span>” means a person that exchanges or offers<\/span> to exchange time-shares<\/span> in an exchange program<\/span> with other time-shares<\/span>.\n\t\t“Exchange program<\/span>” means any opportunity or procedure for the assignment or exchange of time-shares<\/span> among owners in other time-share programs<\/span> as evidenced by a past or present written agreement executed between an exchange company<\/span> and the developer or the time-share estate association<\/span>; however, an “exchange program<\/span>” shall not be either an incidental benefit<\/span> or an opportunity or procedure by which a time-share owner<\/span> can exchange his time-share for another time-share within either the same time-share project or another time-share project owned in part by the developer.\n\t\t“Guest<\/span>” means (i) a person who is on the project, additional land<\/span>, or development at the request of an owner, developer, association<\/span>, or managing agent<\/span> or (ii) a person otherwise legally entitled to be on such project, additional land<\/span>, or development. “Guest<\/span>” includes family members of owners; time-share exchange participants<\/span>; merchants, purveyors, or vendors; and employees of such merchants, purveyors, and vendors; the developer; or the association<\/span>.\n\t\t“Incidental benefit<\/span>” means anything valued in excess of $100 provided by the developer that is acquired by a purchaser upon acquisition of a time-share and includes exchange rights, travel insurance, bonus weeks, upgrade entitlements, travel coupons, referral awards, and golf and tennis packages. An incidental benefit<\/span> is not a time-share or an exchange program<\/span>. An incidental benefit<\/span> shall not be registered with the Board.\n\t\t“Inherent risks of project activity<\/span>” means those dangers or conditions that are an integral part of a project activity, including certain hazards, such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in association<\/span> or time-share project operations. “Inherent risks of project activity<\/span>” also includes the potential of a participant<\/span> to act in a negligent manner that may contribute to injury to the participant<\/span> or others, including failing to follow instructions given by the project professional<\/span> or failing to exercise reasonable caution while engaging in the project activity.\n\t\t“Lead dealer<\/span>” means a person that sells or otherwise provides to any other person contact information<\/span> concerning five or more owners to be used for a resale service<\/span>. “Lead dealer<\/span>” does not mean developers<\/span>, managing entities, or exchange companies to the extent that such entities are providing other persons<\/span> with personal contact information<\/span> about time-share owners<\/span> in their own time-share programs<\/span> or members of their own exchange program<\/span>.\n\t\t“Lien holder<\/span>” means either a person that holds an interest in an encumbrance that is not released of record as to a purchaser or such person’s successor in interest that acquires title to the time-share project at foreclosure, by deed in lieu of foreclosure, or by any other instrument however denominated.\n\t\t“Managing agent<\/span>” means a person that undertakes the duties, responsibilities, and obligations of the management of a time-share project.\n\t\t“Managing entity<\/span>” means the managing agent<\/span> or, if there is no managing agent<\/span>, the time-share owners<\/span>’ association<\/span> in a time-share estate project and the developer in a time-share use<\/span> project.\n\t\t“Material change<\/span>” means a change in any information or document disclosed in or attached to the public offering statement<\/span> that renders inaccurate, incomplete, or misleading any information or document in such a way as to affect substantially a purchaser’s rights or obligations, but does not include a change (i) in the real estate tax assessment or rate, utility charges or deposits, maintenance fees, association<\/span> dues, assessments, special assessments, or any recurring time-share expense<\/span> item, provided that such change is made known (a) immediately to the prospective purchaser by a written addendum<\/span> in the public offering statement<\/span> and (b) to the Board by filing with the developer’s annual report copies of the updated changes occurring over the immediately preceding 12 months; (ii) that is an aspect or result of the orderly development of the time-share project in accordance with the time-share instrument<\/span>; (iii) resulting from new, updated, or amended information contained in the annual report prepared and distributed pursuant to \u00a7 55.1-2213<\/a>; (iv) correcting spelling, grammar, omissions, or other similar errors not affecting the substance of the public offering statement<\/span>; or (v) occurring in the issuance of an exchange company<\/span>’s updated annual report or disclosure document, provided that, upon its receipt by the developer, it shall be distributed in lieu of all others in order<\/span> to satisfy \u00a7 55.1-2217<\/a>.\n\t\t“Note<\/span>” means the instrument that evidences<\/span> the debt occasioned by the deferred purchase of a time-share.\n\t\t“Offering” or “offer<\/span>” means any act that originates in the Commonwealth to sell, solicit, induce, or advertise, whether by radio, television, telephone, newspaper, magazine, or mail, during which a person is given an opportunity to acquire a time-share.\n\t\t“Participant<\/span>” means any person, other than a project professional<\/span>, that engages in a project activity.\n\t\t“Person” means one or more natural persons<\/span>, corporations, partnerships, associations<\/span>, trustees of a trust, limited liability companies, or other entities, or any combination thereof, capable of holding title to real property.\n\t\t“Possibility of reverter<\/span>” means a provision contained in a reverter deed<\/span> by which the time-share estate automatically reverts or transfers<\/span> back to the developer upon satisfaction of the requirements imposed by \u00a7 55.1-2222<\/a>.\n\t\t“Product<\/span>” means each time-share program<\/span> and all alternative purchases<\/span>.\n\t\t“Project activity” means any activity carried out or conducted on a common element, within a time-share unit<\/span> or elsewhere in the project, additional land<\/span>, or development, that allows owners, their guests<\/span>, and members of the general public to view, observe, participate, or enjoy activities. “Project activity” includes swimming pools, spas, sporting venues<\/span>, and cultural, historical, or harvest-your-own activities; other amenities and events; or natural activities and attractions for recreational, entertainment, educational, or social purposes. Such activity is a project activity whether or not the participant<\/span> paid to participate in the activity.\n\t\t“Project professional<\/span>” means any person that is engaged in the business of providing one or more project activities, whether or not for compensation. For the purposes of this definition, the developer, association<\/span>, and managing entity<\/span> shall each be deemed a project professional<\/span>.\n\t\t“Public offering statement<\/span>” means the statement required by \u00a7 55.1-2217<\/a>.\n\t\t“Purchaser” means any person other than a developer or lender that owns or acquires a product<\/span> or that otherwise enters into a contract for the purchase of a product<\/span>.\n\t\t“Resale purchase contract<\/span>” means an agreement negotiated by a reseller<\/span> by which an owner or a reseller<\/span> agrees to sell, and a subsequent purchaser<\/span> agrees to buy, a resale time-share<\/span>.\n\t\t“Resale service<\/span>” means engaging, directly or indirectly, for compensation, in any of the following either in person or by any medium of communication: (i) selling or offering to sell or list for sale for the owner a resale time-share<\/span>, (ii) buying or offering to buy a resale time-share<\/span> for transfer to a subsequent purchaser<\/span>, (iii) transferring a resale time-share<\/span> acquired from an owner to a subsequent purchaser<\/span> or offering to assist in such transfer, (iv) invalidating or offering to invalidate for an owner the title of a resale time-share<\/span>, or (v) advertising or soliciting to advertise or promote the transfer or invalidation of a resale time-share<\/span>. Resale service<\/span> does not include an individual’s selling or offering to sell his own time-share unit<\/span>.\n\t\t“Resale time-share<\/span>” means a time-share, wherever located, that has previously been sold to an owner who is a natural person for personal, family, or household use and that is transferred, or is intended to be transferred, through a resale service<\/span>.\n\t\t“Resale transfer contract<\/span>” means an agreement between a reseller<\/span> and the owner by which the reseller<\/span> agrees to transfer or assist in the transfer of the owner’s resale time-share<\/span>.\n\t\t“Reseller<\/span>” means any person who, directly or indirectly, engages in a resale service<\/span>.\n\t\t“Reverter deed<\/span>” means the deed from a developer to a grantee that contains a possibility of reverter<\/span>.\n\t\t“Sales person<\/span>” means a person who sells or offers<\/span> to sell time-share interests in a time-share program<\/span>.\n\t\t“Situs<\/span>” means the place outside the Commonwealth where a developer’s time-share project is located.\n\t\t“Subsequent purchaser<\/span>” means the purchaser or transferee of a resale time-share<\/span>.\n\t\t“Time-share” means either a time-share estate or a time-share use<\/span> plus its incidental benefits<\/span>.\n\t\t“Time-share estate” means a right to occupy a time-share unit<\/span> or any of several time-share units<\/span> during five or more separated time periods over a period of at least five years, including renewal options, coupled with a freehold estate or an estate for years in one or more time-share units<\/span> or a specified portion of such time-share units<\/span>.\n\t\t“Time-share estate occupancy expense<\/span>” means all costs and expenses incurred in (i) the formation, organization, operation, and administration, including capital contributions thereto, of the association<\/span> and both its board of directors<\/span> and its members and (ii) all owners’ use and occupancy of the time-share estate project, including without limitation its completed and occupied time-share estate units and common elements<\/span> available for use. Such costs and expenses include maintenance and housekeeping charges; repairs; refurbishing costs; insurance premiums, including the premium for comprehensive general liability insurance required by subdivision 8 of \u00a7 55.1-2209<\/a>; taxes; properly allocated labor, operational, and overhead costs; general and administrative expenses; the managing agent<\/span>’s fee; utility charges and deposits; the cost of periodic repair and replacement of walls and window treatments and furnishings, including furniture and appliances; filing fees and annual registration charges of the State Corporation Commission and the Board; attorney fees and accountant charges; and reserves for any of the foregoing.\n\t\t“Time-share estate subject to reverter<\/span>” means a time-share estate (i) entitling the holder thereof to occupy units not more than four weeks in any one-year period and (ii) for which the down payment is not more than 20 percent of the total purchase price of the time-share estate.\n\t\t“Time-share expense<\/span>” means (i) expenditures, fees, charges, or liabilities incurred with respect to the operation, maintenance, administration, or insuring of the time-shares<\/span>, units, and common elements<\/span> comprising the entire time-share project, whether or not incurred for the repair, renovation, upgrade, refurbishing, or capital improvements, and (ii) any allocations of reserves.\n\t\t“Time-share instrument<\/span>” or “project instrument<\/span>” means any document, however denominated, that creates the time-share project and program and that may contain restrictions or covenants regulating the use, occupancy, or disposition<\/span> of time-shares<\/span> in a project.\n\t\t“Time-share owner<\/span>” or “owner” means a person that is an owner or co-owner of a time-share other than as security for an obligation.\n\t\t“Time-share program<\/span>” or “program” means any arrangement of time-shares<\/span> in one or more time-share projects<\/span> by which the use, occupancy, or possession<\/span> of real property has been made subject to either a time-share estate or time-share use<\/span> in which such use, occupancy, or possession<\/span> circulates among owners of the time-shares<\/span> according to a fixed or floating time schedule on a periodic basis occurring over any period of time in excess of five years.\n\t\t“Time-share project” or “project” means all of the real property subject to a time-share program<\/span> created by the execution of a time-share instrument<\/span>.\n\t\t“Time-share unit<\/span>” or “unit” means the real property or real property improvement in a project that is divided into time-shares<\/span> and designated for separate occupancy and use.\n\t\t“Time-share use<\/span>” means a right to occupy a time-share unit<\/span> or any of several time-share units<\/span> during five or more separated time periods over a period of at least five years, including renewal options, not coupled with a freehold estate or an estate for years in a time-share project or a specified portion of such time-share project.\n\t\t“Transfer” means a voluntary conveyance of a resale time-share<\/span> to a person other than the developer, association<\/span>, or managing entity<\/span> of the time-share program<\/span> of which the resale time-share<\/span> is a part or to a person taking ownership by gift, foreclosure, or deed in lieu of foreclosure.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 55.1-2200)\n\nAs used in this chapter, or in a time-share instrument, unless the context\nrequires a different meaning:\n\t\t“Additional land” means all land that a time-share developer has\nidentified as land that may be added to a time-share project.\n\t\t“Affiliate” means a person that directly, or indirectly through\none or more intermediaries, controls, is controlled by, or is under common\ncontrol with the person specified.\n\t\t“Alternative purchase” means anything valued in excess of $100\nthat is offered to a potential purchaser by the developer during the\ndeveloper’s sales presentation and that is purchased by such potential\npurchaser for more than $100, even though the purchaser did not purchase a\ntime-share. An alternative purchase is not a time-share. A membership camping\ncontract as defined in \u00a7 59.1-313 is not an alternative purchase. An\nalternative purchase shall be registered with the Board unless it is otherwise\nregistered as a travel service under the Virginia Travel Club Act (\u00a7 59.1-445\net seq.) and shall include vacation packages, however denominated, and exit\nprograms, however denominated.\n\t\t“Association” means the association organized under the provisions\nof \u00a7 55.1-2209.\n\t\t“Board” means the Common Interest Community Board.\n\t\t“Board of directors” means an executive and administrative entity,\nby whatever name denominated, designated in a time-share instrument as the\ngoverning body of the time-share estate owners’ association.\n\t\t“Common elements” means the real estate, improvements on such real\nestate, and the personalty situated within the time-share project that are\nsubject to the time-share program. “Common elements” does not\ninclude the units and the time-shares.\n\t\t“Consumer documents” means the aggregate of the following\ndocuments: the reverter deed, the note, the deed of trust, and any document that\nis to be provided to consumers in connection with an offering.\n\t\t“Contact information” means any information that can be used to\ncontact an owner, including the owner’s name, address, telephone number,\nemail address, or user identity on any electronic networking service.\n\t\t“Contract,” “sales contract,” “purchase\ncontract,” “contract of purchase,” or “contract to\npurchase,” which shall be interchangeable throughout this chapter, means\nany legally binding instrument executed by the developer and a purchaser by\nwhich the developer is obligated to sell and the purchaser is obligated to\npurchase either a time-share and its incidental benefits or an alternative\npurchase registered under this chapter.\n\t\t“Conversion time-share project” means a real estate improvement\nthat, prior to the disposition of any time-share, was wholly or partially\noccupied by persons as their permanent residence or on a transient pay-as-you-go\nbasis other than those who have contracted for the purchase of a time-share and\nthose who occupy with the consent of such purchasers.\n\t\t“Cost of ownership” means all of the owner’s expenses\nrelated to a resale time-share due between the date of a resale transfer\ncontract and the transfer of the resale time-share.\n\t\t“Deed” means the instrument by which title to a time-share estate\nis transferred from one person to another person.\n\t\t“Deed of trust” means the instrument conveying the time-share\nestate that is given as security for the payment of the note.\n\t\t“Default” means either a failure to have made any payment in full\nand on time or a violation of a performance obligation required by a consumer\ndocument for a period of no less than 60 days.\n\t\t“Developer” means any person or group of persons acting in concert\nthat (i) offers to dispose of a time-share or its interest in a time-share unit\nfor which there has not been a previous disposition or (ii) applies for\nregistration of the time-share program.\n\t\t“Developer control period” means a period of time during which the\ndeveloper or a managing agent selected by the developer manages and controls the\ntime-share project and the common elements and units it comprises.\n\t\t“Development right” means any right reserved by the developer to\ncreate additional units that may be dedicated to the time-share program.\n\t\t“Dispose” or “disposition” means a transfer of a legal\nor equitable interest in a time-share, other than a transfer or release of\nsecurity for a debt.\n\t\t“Exchange agent” or “exchange company” means a person\nthat exchanges or offers to exchange time-shares in an exchange program with\nother time-shares.\n\t\t“Exchange program” means any opportunity or procedure for the\nassignment or exchange of time-shares among owners in other time-share programs\nas evidenced by a past or present written agreement executed between an exchange\ncompany and the developer or the time-share estate association; however, an\n“exchange program” shall not be either an incidental benefit or an\nopportunity or procedure by which a time-share owner can exchange his time-share\nfor another time-share within either the same time-share project or another\ntime-share project owned in part by the developer.\n\t\t“Guest” means (i) a person who is on the project, additional land,\nor development at the request of an owner, developer, association, or managing\nagent or (ii) a person otherwise legally entitled to be on such project,\nadditional land, or development. “Guest” includes family members of\nowners; time-share exchange participants; merchants, purveyors, or vendors; and\nemployees of such merchants, purveyors, and vendors; the developer; or the\nassociation.\n\t\t“Incidental benefit” means anything valued in excess of $100\nprovided by the developer that is acquired by a purchaser upon acquisition of a\ntime-share and includes exchange rights, travel insurance, bonus weeks, upgrade\nentitlements, travel coupons, referral awards, and golf and tennis packages. An\nincidental benefit is not a time-share or an exchange program. An incidental\nbenefit shall not be registered with the Board.\n\t\t“Inherent risks of project activity” means those dangers or\nconditions that are an integral part of a project activity, including certain\nhazards, such as surface and subsurface conditions; natural conditions of land,\nvegetation, and waters; the behavior of wild or domestic animals; and ordinary\ndangers of structures or equipment ordinarily used in association or time-share\nproject operations. “Inherent risks of project activity” also\nincludes the potential of a participant to act in a negligent manner that may\ncontribute to injury to the participant or others, including failing to follow\ninstructions given by the project professional or failing to exercise reasonable\ncaution while engaging in the project activity.\n\t\t“Lead dealer” means a person that sells or otherwise provides to\nany other person contact information concerning five or more owners to be used\nfor a resale service. “Lead dealer” does not mean developers,\nmanaging entities, or exchange companies to the extent that such entities are\nproviding other persons with personal contact information about time-share\nowners in their own time-share programs or members of their own exchange\nprogram.\n\t\t“Lien holder” means either a person that holds an interest in an\nencumbrance that is not released of record as to a purchaser or such\nperson’s successor in interest that acquires title to the time-share\nproject at foreclosure, by deed in lieu of foreclosure, or by any other\ninstrument however denominated.\n\t\t“Managing agent” means a person that undertakes the duties,\nresponsibilities, and obligations of the management of a time-share project.\n\t\t“Managing entity” means the managing agent or, if there is no\nmanaging agent, the time-share owners’ association in a time-share estate\nproject and the developer in a time-share use project.\n\t\t“Material change” means a change in any information or document\ndisclosed in or attached to the public offering statement that renders\ninaccurate, incomplete, or misleading any information or document in such a way\nas to affect substantially a purchaser’s rights or obligations, but does\nnot include a change (i) in the real estate tax assessment or rate, utility\ncharges or deposits, maintenance fees, association dues, assessments, special\nassessments, or any recurring time-share expense item, provided that such change\nis made known (a) immediately to the prospective purchaser by a written addendum\nin the public offering statement and (b) to the Board by filing with the\ndeveloper’s annual report copies of the updated changes occurring over the\nimmediately preceding 12 months; (ii) that is an aspect or result of the orderly\ndevelopment of the time-share project in accordance with the time-share\ninstrument; (iii) resulting from new, updated, or amended information contained\nin the annual report prepared and distributed pursuant to \u00a7 55.1-2213; (iv)\ncorrecting spelling, grammar, omissions, or other similar errors not affecting\nthe substance of the public offering statement; or (v) occurring in the issuance\nof an exchange company’s updated annual report or disclosure document,\nprovided that, upon its receipt by the developer, it shall be distributed in\nlieu of all others in order to satisfy \u00a7 55.1-2217.\n\t\t“Note” means the instrument that evidences the debt occasioned by\nthe deferred purchase of a time-share.\n\t\t“Offering” or “offer” means any act that originates in\nthe Commonwealth to sell, solicit, induce, or advertise, whether by radio,\ntelevision, telephone, newspaper, magazine, or mail, during which a person is\ngiven an opportunity to acquire a time-share.\n\t\t“Participant” means any person, other than a project professional,\nthat engages in a project activity.\n\t\t“Person” means one or more natural persons, corporations,\npartnerships, associations, trustees of a trust, limited liability companies, or\nother entities, or any combination thereof, capable of holding title to real\nproperty.\n\t\t“Possibility of reverter” means a provision contained in a\nreverter deed by which the time-share estate automatically reverts or transfers\nback to the developer upon satisfaction of the requirements imposed by \u00a7\n55.1-2222.\n\t\t“Product” means each time-share program and all alternative\npurchases.\n\t\t“Project activity” means any activity carried out or conducted on\na common element, within a time-share unit or elsewhere in the project,\nadditional land, or development, that allows owners, their guests, and members\nof the general public to view, observe, participate, or enjoy activities.\n“Project activity” includes swimming pools, spas, sporting venues,\nand cultural, historical, or harvest-your-own activities; other amenities and\nevents; or natural activities and attractions for recreational, entertainment,\neducational, or social purposes. Such activity is a project activity whether or\nnot the participant paid to participate in the activity.\n\t\t“Project professional” means any person that is engaged in the\nbusiness of providing one or more project activities, whether or not for\ncompensation. For the purposes of this definition, the developer, association,\nand managing entity shall each be deemed a project professional.\n\t\t“Public offering statement” means the statement required by \u00a7\n55.1-2217.\n\t\t“Purchaser” means any person other than a developer or lender that\nowns or acquires a product or that otherwise enters into a contract for the\npurchase of a product.\n\t\t“Resale purchase contract” means an agreement negotiated by a\nreseller by which an owner or a reseller agrees to sell, and a subsequent\npurchaser agrees to buy, a resale time-share.\n\t\t“Resale service” means engaging, directly or indirectly, for\ncompensation, in any of the following either in person or by any medium of\ncommunication: (i) selling or offering to sell or list for sale for the owner a\nresale time-share, (ii) buying or offering to buy a resale time-share for\ntransfer to a subsequent purchaser, (iii) transferring a resale time-share\nacquired from an owner to a subsequent purchaser or offering to assist in such\ntransfer, (iv) invalidating or offering to invalidate for an owner the title of\na resale time-share, or (v) advertising or soliciting to advertise or promote\nthe transfer or invalidation of a resale time-share. Resale service does not\ninclude an individual’s selling or offering to sell his own time-share\nunit.\n\t\t“Resale time-share” means a time-share, wherever located, that has\npreviously been sold to an owner who is a natural person for personal, family,\nor household use and that is transferred, or is intended to be transferred,\nthrough a resale service.\n\t\t“Resale transfer contract” means an agreement between a reseller\nand the owner by which the reseller agrees to transfer or assist in the transfer\nof the owner’s resale time-share.\n\t\t“Reseller” means any person who, directly or indirectly, engages\nin a resale service.\n\t\t“Reverter deed” means the deed from a developer to a grantee that\ncontains a possibility of reverter.\n\t\t“Sales person” means a person who sells or offers to sell\ntime-share interests in a time-share program.\n\t\t“Situs” means the place outside the Commonwealth where a\ndeveloper’s time-share project is located.\n\t\t“Subsequent purchaser” means the purchaser or transferee of a\nresale time-share.\n\t\t“Time-share” means either a time-share estate or a time-share use\nplus its incidental benefits.\n\t\t“Time-share estate” means a right to occupy a time-share unit or\nany of several time-share units during five or more separated time periods over\na period of at least five years, including renewal options, coupled with a\nfreehold estate or an estate for years in one or more time-share units or a\nspecified portion of such time-share units.\n\t\t“Time-share estate occupancy expense” means all costs and expenses\nincurred in (i) the formation, organization, operation, and administration,\nincluding capital contributions thereto, of the association and both its board\nof directors and its members and (ii) all owners’ use and occupancy of the\ntime-share estate project, including without limitation its completed and\noccupied time-share estate units and common elements available for use. Such\ncosts and expenses include maintenance and housekeeping charges; repairs;\nrefurbishing costs; insurance premiums, including the premium for comprehensive\ngeneral liability insurance required by subdivision 8 of \u00a7 55.1-2209; taxes;\nproperly allocated labor, operational, and overhead costs; general and\nadministrative expenses; the managing agent’s fee; utility charges and\ndeposits; the cost of periodic repair and replacement of walls and window\ntreatments and furnishings, including furniture and appliances; filing fees and\nannual registration charges of the State Corporation Commission and the Board;\nattorney fees and accountant charges; and reserves for any of the foregoing.\n\t\t“Time-share estate subject to reverter” means a time-share estate\n(i) entitling the holder thereof to occupy units not more than four weeks in any\none-year period and (ii) for which the down payment is not more than 20 percent\nof the total purchase price of the time-share estate.\n\t\t“Time-share expense” means (i) expenditures, fees, charges, or\nliabilities incurred with respect to the operation, maintenance, administration,\nor insuring of the time-shares, units, and common elements comprising the entire\ntime-share project, whether or not incurred for the repair, renovation, upgrade,\nrefurbishing, or capital improvements, and (ii) any allocations of reserves.\n\t\t“Time-share instrument” or “project instrument” means\nany document, however denominated, that creates the time-share project and\nprogram and that may contain restrictions or covenants regulating the use,\noccupancy, or disposition of time-shares in a project.\n\t\t“Time-share owner” or “owner” means a person that is\nan owner or co-owner of a time-share other than as security for an obligation.\n\t\t“Time-share program” or “program” means any\narrangement of time-shares in one or more time-share projects by which the use,\noccupancy, or possession of real property has been made subject to either a\ntime-share estate or time-share use in which such use, occupancy, or possession\ncirculates among owners of the time-shares according to a fixed or floating time\nschedule on a periodic basis occurring over any period of time in excess of five\nyears.\n\t\t“Time-share project” or “project” means all of the\nreal property subject to a time-share program created by the execution of a\ntime-share instrument.\n\t\t“Time-share unit” or “unit” means the real property or\nreal property improvement in a project that is divided into time-shares and\ndesignated for separate occupancy and use.\n\t\t“Time-share use” means a right to occupy a time-share unit or any\nof several time-share units during five or more separated time periods over a\nperiod of at least five years, including renewal options, not coupled with a\nfreehold estate or an estate for years in a time-share project or a specified\nportion of such time-share project.\n\t\t“Transfer” means a voluntary conveyance of a resale time-share to\na person other than the developer, association, or managing entity of the\ntime-share program of which the resale time-share is a part or to a person\ntaking ownership by gift, foreclosure, or deed in lieu of foreclosure.\n\nHISTORY: 1981, c. 462, \u00a7 55-362; 1985, c. 517; 1986, c. 359; 1991, c. 704;\n1994, c. 580; 1998, c. 460; 2001, c. 543; 2004, c. 143; 2007, c. 267; 2008, cc.\n376, 851, 871; 2012, c. 751; 2019, c. 712; 2020, c. 1011.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}