{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2217.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2217.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2217.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2217.html"}],"law_id":64589,"edition_id":1,"section_id":64589,"structure_id":14946,"section_number":"55.1-2217","catch_line":"Public offering statement","history":"1981, c. 462, \u00a7 55-374; 1983, c. 59; 1984, c. 455; 1985, c. 517; 1986, c. 359; 1989, c. 637; 1994, c. 580; 1998, c. 460; 1999, c. 560; 2001, c. 543; 2004, c. 143; 2006, c. 653; 2007, c. 267; 2014, cc. 39, 716; 2019, c. 712; 2020, c. 1011; 2023, cc. 52, 53.","full_text":"A\n\nPrior to the execution of a contract for the purchase of a time-share, the developer shall prepare and distribute to each prospective purchaser a copy of the current public offering statement regarding the time-share program. The public offering statement shall (i) fully and accurately disclose the material characteristics of the time-share program registered under this chapter and such time-share offered and (ii) make known to each prospective purchaser all material circumstances affecting such time-share program. A developer need not make joint disclosures concerning two or more time-share projects owned by the developer or any related entity unless such projects are included in the same time-share program and marketed jointly at any of the time-share projects. The proposed public offering statement shall be filed with the Board and shall be in a form prescribed by its regulations. The public offering statement may limit the information provided for the specific time-share project to which the developer’s registration relates. The public offering statement shall include the following only to the extent that a given disclosure is applicable:1\n\nThe name and principal address of the developer, including:\n\t\t\t\ta. The name, principal occupation, and address of every director, partner, limited liability company manager, or trustee of the developer;\n\t\t\t\tb. The name and address of each person owning or controlling an interest of 20 percent or more in each time-share project included in the registration;\n\t\t\t\tc. The particulars of any indictment, conviction, judgment, 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;\n\t\t\t\td. The nature of each unsatisfied judgment, if any, against the developer or the managing entity, the status of each pending action involving the sale or management of real estate to which the developer, the managing entity, or any general partner, executive officer, director, limited liability company manager, or majority stockholder thereof is a defending party, and the status of each pending action, if any, of significance to any time-share project included in the registration; and\n\t\t\t\te. The name and address of the developer’s agent for service of any notice permitted by this chapter.2\n\nA general description of the time-share projects included in the time-share program. The description shall include the address of each time-share project, the units, and common elements for each project promised available to purchasers, including the developer’s estimated schedule of commencement and completion of all promised and incomplete time-share units and common elements.3\n\nAs to all time-shares offered by the developer:\n\t\t\t\ta. The form of time-share ownership offered in the time-share program;\n\t\t\t\tb. The types, duration, and number of units and time-shares in the time-share program;\n\t\t\t\tc. Identification of time-share units that are subject to the time-share program;\n\t\t\t\td. The estimated number of time-share units that may become subject to the time-share program;\n\t\t\t\te. Provisions, if any, that have been made for public utilities in the time-share project including water, electricity, telephone, and sewerage facilities;\n\t\t\t\tf. A statement to the effect of whether or not the developer has reserved the right to add to or delete from the time-share program a time-share project or any incidental benefit;\n\t\t\t\tg. A statement of whether the developer will offer any alternative purchase; and\n\t\t\t\th. If the developer utilizes the possibility of reverter, a statement to that effect referring the purchaser to the reverter deed for an explanation of such possibility of reverter.4\n\nIn a time-share estate program, a copy of the annual report or budget required by § 55.1-2213, which copy may take the form of an exhibit to the public offering statement. In the case where multiple time-share projects are included in the time-share program, the copy or exhibit may be in summary form.5\n\nIn a time-share use program where the developer’s net worth is no more than $250,000, a current audited balance sheet and, where the developer’s net worth exceeds such amount, a statement by such developer that its equity in the time-share program exceeds that amount.6\n\nAny initial or special fee due from the purchaser at settlement together with a description of the purpose and method of calculating the fee.7\n\nA description of any liens, defects, or encumbrances affecting the time-share project and in particular the time-share offered to the purchaser.8\n\nA general description of any financing offered by or available through the developer.9\n\nA statement that the purchaser has a nonwaivable right of cancellation, referring such purchaser to that portion of the contract in which such right may be found.10\n\nIf the time-share interest in a condominium unit may be conveyed before that condominium unit is certified as substantially complete in accordance with § 55.1-1920, a statement of the developer’s obligation to complete the condominium unit. Such statement shall include the approximate date by which the condominium unit shall be completed, together with the form and amount of the bond filed in accordance with subsection B of § 55.1-1921.11\n\nAny restraints on alienation of any number or portion of any time-shares.12\n\nA description of the insurance coverage provided for the benefit of time-share owners.13\n\nThe extent to which financial arrangements, if any, have been provided for completion of any incomplete but promised time-share unit or common element being then offered for sale, including a statement of the developer’s obligation to complete the promised units and common elements that the time-share project comprises that have not begun or that have begun but have not yet been completed.14\n\nThe extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit.15\n\nThe name and address of the managing entity for each project in the time-share program.16\n\nCopies of the time-share instrument and the association’s articles of incorporation and bylaws, each of which may be a supplement to the public offering statement.17\n\nAny services that the developer provides or expense it pays and that it expects may become at any subsequent time a time-share expense of the owners, and the projected time-share expense liability attributable to each of those services or expenses for each time-share.18\n\nA description of the terms of the deposit escrow requirements, including a statement that deposits may be removed from escrow at the termination of the cancellation period.19\n\nA description of the facilities, if any, provided by the developer to the association in a time-share estate project for the management of the project.20\n\nAny other information required by the Board to assure full and fair meaningful disclosure to prospective purchasers.B\n\nIf any prospective purchaser is offered the opportunity to subscribe to or participate in any exchange program, the public offering statement shall include, as an exhibit or supplement, the disclosure document prepared by the exchange company in accordance with \u00a7 55.1-2219 and a brief narrative description of the exchange program, which shall include the following:1\n\nA statement of whether membership or participation in the program is voluntary or mandatory;2\n\nThe name and address of the exchange company together with the names of its top three officers and directors;3\n\nA statement of whether the exchange company or any of its top three officers, directors, or holders of a 10 percent or greater interest in the exchange company has any interest in the developer, the managing entity, or the time-share program;4\n\nA statement that the purchaser’s contract with the exchange company is a contract separate and distinct from the purchaser’s contract with the developer; and5\n\nA brief narrative description of the procedure by which exchanges are conducted.C\n\nThe public offering statement of a conversion time-share project shall also include the following, which may take the form of an exhibit to the public offering statement:1\n\nA specific statement of the amount of any initial or special fee, if any, due from the purchaser of a time-share on or before settlement of the purchase contract and the basis of such fee occasioned by the fact that the project is a conversion time-share project;2\n\nInformation on the actual expenditures, if available, made on all repairs, maintenance, operation, or upkeep of any building in the time-share project within the last three years. This information shall be set forth in a tabular manner within the proposed budget of the project. If any such building has not been occupied for a period of three years, the information shall be set forth for the period during which such building was occupied;3\n\nA description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves occasioned by the fact that the project is a conversion time-share project, or, if no provision is made for such reserves, a statement to that effect; and4\n\nA statement of the present condition of all structural components and major utility installations in the building, which statement shall include the approximate dates of construction, installations, and major repairs as well as the expected useful life of each such item, together with the estimated cost, in current dollars, of replacing each such component.D\n\nIn the case of a conversion time-share project, the developer shall give at least 90 days’ notice to each of the tenants of any building that the developer intends to submit to the provisions of this chapter. During the first 60 days of such 90-day period, each of these tenants shall have the exclusive right to contract for the purchase of a time-share from the unit he occupies, but only if such unit is to be retained in the conversion time-share project without substantial alteration in its physical layout. Such notice shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the developer’s intent to create a conversion time-share project. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410, except that, despite the provisions of § 55.1-1410, a tenancy from month to month may only be terminated upon 120 days’ notice as set forth in this subsection when such termination is in regard to the creation of a conversion time-share project. If, however, a tenant so notified remains in possession of the unit he occupies after the expiration of the 120-day period with the permission of the developer, in order to then terminate the tenancy, such developer shall give the tenant a further notice as provided in § 55.1-1410.\n\t\t\tThe developer of a conversion time-share project shall, in addition to the requirements of § 55.1-2239, include with the application for registration a copy of the notice required by this subsection and a certified statement that such notice that fully complies with the provisions of this subsection shall be, at the time of the registration, mailed or delivered to each of the tenants in any building for which registration is sought.E\n\nThe developer shall amend the public offering statement to reflect any material change in the time-share program. If the developer has reserved in the time-share instrument the right to add to or delete incidental benefits, the addition or deletion of such benefits shall not constitute a material change. Prior to distribution, the developer shall file with the Board the public offering statement amended to reflect any material change.F\n\nThe Board may at any time require a developer to alter or supplement the form or substance of the public offering statement to assure full and fair disclosure to prospective purchasers. A developer may prepare and distribute a public offering statement for each time-share program offered or one public offering statement for all time-share programs offered.G\n\nThe developer shall amend the public offering statement to reflect any addition of a time-share project to, or removal of a time-share project from, the existing time-share program.H\n\nIn the case of a time-share project located outside the Commonwealth, similar disclosure statements required by other situs laws governing time-sharing may be accepted by the Board as alternative disclosure statements to satisfy the requirements of this section.I\n\nThe public offering statement may be in any format, including any electronic format, provided that the prospective buyer has available for review, along with ample time for any questions and answers, a copy of the public offering statement prior to his execution of a contract.","order_by":null,"text":{"0":{"id":235091,"text":"Prior to the execution of a contract for the purchase of a time-share, the developer shall prepare and distribute to each prospective purchaser a copy of the current public offering statement regarding the time-share program. The public offering statement shall (i) fully and accurately disclose the material characteristics of the time-share program registered under this chapter and such time-share offered and (ii) make known to each prospective purchaser all material circumstances affecting such time-share program. A developer need not make joint disclosures concerning two or more time-share projects owned by the developer or any related entity unless such projects are included in the same time-share program and marketed jointly at any of the time-share projects. The proposed public offering statement shall be filed with the Board and shall be in a form prescribed by its regulations. The public offering statement may limit the information provided for the specific time-share project to which the developer’s registration relates. The public offering statement shall include the following only to the extent that a given disclosure is applicable:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":235092,"text":"The name and principal address of the developer, including:\n\t\t\t\ta. The name, principal occupation, and address of every director, partner, limited liability company manager, or trustee of the developer;\n\t\t\t\tb. The name and address of each person owning or controlling an interest of 20 percent or more in each time-share project included in the registration;\n\t\t\t\tc. The particulars of any indictment, conviction, judgment, 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;\n\t\t\t\td. The nature of each unsatisfied judgment, if any, against the developer or the managing entity, the status of each pending action involving the sale or management of real estate to which the developer, the managing entity, or any general partner, executive officer, director, limited liability company manager, or majority stockholder thereof is a defending party, and the status of each pending action, if any, of significance to any time-share project included in the registration; and\n\t\t\t\te. The name and address of the developer’s agent for service of any notice permitted by this chapter.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":235093,"text":"A general description of the time-share projects included in the time-share program. The description shall include the address of each time-share project, the units, and common elements for each project promised available to purchasers, including the developer’s estimated schedule of commencement and completion of all promised and incomplete time-share units and common elements.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":235094,"text":"As to all time-shares offered by the developer:\n\t\t\t\ta. The form of time-share ownership offered in the time-share program;\n\t\t\t\tb. The types, duration, and number of units and time-shares in the time-share program;\n\t\t\t\tc. Identification of time-share units that are subject to the time-share program;\n\t\t\t\td. The estimated number of time-share units that may become subject to the time-share program;\n\t\t\t\te. Provisions, if any, that have been made for public utilities in the time-share project including water, electricity, telephone, and sewerage facilities;\n\t\t\t\tf. A statement to the effect of whether or not the developer has reserved the right to add to or delete from the time-share program a time-share project or any incidental benefit;\n\t\t\t\tg. A statement of whether the developer will offer any alternative purchase; and\n\t\t\t\th. If the developer utilizes the possibility of reverter, a statement to that effect referring the purchaser to the reverter deed for an explanation of such possibility of reverter.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":235095,"text":"In a time-share estate program, a copy of the annual report or budget required by § 55.1-2213, which copy may take the form of an exhibit to the public offering statement. In the case where multiple time-share projects are included in the time-share program, the copy or exhibit may be in summary form.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":235096,"text":"In a time-share use program where the developer’s net worth is no more than $250,000, a current audited balance sheet and, where the developer’s net worth exceeds such amount, a statement by such developer that its equity in the time-share program exceeds that amount.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":235097,"text":"Any initial or special fee due from the purchaser at settlement together with a description of the purpose and method of calculating the fee.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":235098,"text":"A description of any liens, defects, or encumbrances affecting the time-share project and in particular the time-share offered to the purchaser.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":235099,"text":"A general description of any financing offered by or available through the developer.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":235100,"text":"A statement that the purchaser has a nonwaivable right of cancellation, referring such purchaser to that portion of the contract in which such right may be found.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":235101,"text":"If the time-share interest in a condominium unit may be conveyed before that condominium unit is certified as substantially complete in accordance with § 55.1-1920, a statement of the developer’s obligation to complete the condominium unit. Such statement shall include the approximate date by which the condominium unit shall be completed, together with the form and amount of the bond filed in accordance with subsection B of § 55.1-1921.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":235102,"text":"Any restraints on alienation of any number or portion of any time-shares.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":235103,"text":"A description of the insurance coverage provided for the benefit of time-share owners.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":235104,"text":"The extent to which financial arrangements, if any, have been provided for completion of any incomplete but promised time-share unit or common element being then offered for sale, including a statement of the developer’s obligation to complete the promised units and common elements that the time-share project comprises that have not begun or that have begun but have not yet been completed.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":235105,"text":"The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":235106,"text":"The name and address of the managing entity for each project in the time-share program.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":235107,"text":"Copies of the time-share instrument and the association’s articles of incorporation and bylaws, each of which may be a supplement to the public offering statement.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":235108,"text":"Any services that the developer provides or expense it pays and that it expects may become at any subsequent time a time-share expense of the owners, and the projected time-share expense liability attributable to each of those services or expenses for each time-share.","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":235109,"text":"A description of the terms of the deposit escrow requirements, including a statement that deposits may be removed from escrow at the termination of the cancellation period.","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":235110,"text":"A description of the facilities, if any, provided by the developer to the association in a time-share estate project for the management of the project.","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":235111,"text":"Any other information required by the Board to assure full and fair meaningful disclosure to prospective purchasers.","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"B"},"21":{"id":235112,"text":"If any prospective purchaser is offered the opportunity to subscribe to or participate in any exchange program, the public offering statement shall include, as an exhibit or supplement, the disclosure document prepared by the exchange company in accordance with \u00a7 55.1-2219 and a brief narrative description of the exchange program, which shall include the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A20","next_prefix":"B1"},"22":{"id":235113,"text":"A statement of whether membership or participation in the program is voluntary or mandatory;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"23":{"id":235114,"text":"The name and address of the exchange company together with the names of its top three officers and directors;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"24":{"id":235115,"text":"A statement of whether the exchange company or any of its top three officers, directors, or holders of a 10 percent or greater interest in the exchange company has any interest in the developer, the managing entity, or the time-share program;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"25":{"id":235116,"text":"A statement that the purchaser’s contract with the exchange company is a contract separate and distinct from the purchaser’s contract with the developer; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"26":{"id":235117,"text":"A brief narrative description of the procedure by which exchanges are conducted.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"27":{"id":235118,"text":"The public offering statement of a conversion time-share project shall also include the following, which may take the form of an exhibit to the public offering statement:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"28":{"id":235119,"text":"A specific statement of the amount of any initial or special fee, if any, due from the purchaser of a time-share on or before settlement of the purchase contract and the basis of such fee occasioned by the fact that the project is a conversion time-share project;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"29":{"id":235120,"text":"Information on the actual expenditures, if available, made on all repairs, maintenance, operation, or upkeep of any building in the time-share project within the last three years. This information shall be set forth in a tabular manner within the proposed budget of the project. If any such building has not been occupied for a period of three years, the information shall be set forth for the period during which such building was occupied;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"30":{"id":235121,"text":"A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves occasioned by the fact that the project is a conversion time-share project, or, if no provision is made for such reserves, a statement to that effect; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"31":{"id":235122,"text":"A statement of the present condition of all structural components and major utility installations in the building, which statement shall include the approximate dates of construction, installations, and major repairs as well as the expected useful life of each such item, together with the estimated cost, in current dollars, of replacing each such component.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"32":{"id":235123,"text":"In the case of a conversion time-share project, the developer shall give at least 90 days’ notice to each of the tenants of any building that the developer intends to submit to the provisions of this chapter. During the first 60 days of such 90-day period, each of these tenants shall have the exclusive right to contract for the purchase of a time-share from the unit he occupies, but only if such unit is to be retained in the conversion time-share project without substantial alteration in its physical layout. Such notice shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the developer’s intent to create a conversion time-share project. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410, except that, despite the provisions of § 55.1-1410, a tenancy from month to month may only be terminated upon 120 days’ notice as set forth in this subsection when such termination is in regard to the creation of a conversion time-share project. If, however, a tenant so notified remains in possession of the unit he occupies after the expiration of the 120-day period with the permission of the developer, in order to then terminate the tenancy, such developer shall give the tenant a further notice as provided in § 55.1-1410.\n\t\t\tThe developer of a conversion time-share project shall, in addition to the requirements of § 55.1-2239, include with the application for registration a copy of the notice required by this subsection and a certified statement that such notice that fully complies with the provisions of this subsection shall be, at the time of the registration, mailed or delivered to each of the tenants in any building for which registration is sought.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"33":{"id":235124,"text":"The developer shall amend the public offering statement to reflect any material change in the time-share program. If the developer has reserved in the time-share instrument the right to add to or delete incidental benefits, the addition or deletion of such benefits shall not constitute a material change. Prior to distribution, the developer shall file with the Board the public offering statement amended to reflect any material change.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"34":{"id":235125,"text":"The Board may at any time require a developer to alter or supplement the form or substance of the public offering statement to assure full and fair disclosure to prospective purchasers. A developer may prepare and distribute a public offering statement for each time-share program offered or one public offering statement for all time-share programs offered.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"35":{"id":235126,"text":"The developer shall amend the public offering statement to reflect any addition of a time-share project to, or removal of a time-share project from, the existing time-share program.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"36":{"id":235127,"text":"In the case of a time-share project located outside the Commonwealth, similar disclosure statements required by other situs laws governing time-sharing may be accepted by the Board as alternative disclosure statements to satisfy the requirements of this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"37":{"id":235128,"text":"The public offering statement may be in any format, including any electronic format, provided that the prospective buyer has available for review, along with ample time for any questions and answers, a copy of the public offering statement prior to his execution of a contract.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14946,"edition_id":1,"name":"Protection of Purchasers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13543,"metadata":{},"date_created":"2026-06-26 03:50:59","date_modified":"2026-06-26 03:50:59","permalink":{"id":247543,"object_type":"structure","relational_id":14946,"identifier":"3","token":"55.1\/IV\/22\/3","url":"\/55.1\/IV\/22\/3\/","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":64589,"structure_id":14946,"section_number":"55.1-2217","catch_line":"Public offering statement","url":"\/55.1-2217\/","token":"55.1\/IV\/22\/3\/55.1-2217","metadata":false},{"id":70516,"structure_id":14946,"section_number":"55.1-2218","catch_line":"Certain advertising practices regulated","url":"\/55.1-2218\/","token":"55.1\/IV\/22\/3\/55.1-2218","metadata":false},{"id":82622,"structure_id":14946,"section_number":"55.1-2219","catch_line":"Exchange programs","url":"\/55.1-2219\/","token":"55.1\/IV\/22\/3\/55.1-2219","metadata":false},{"id":65782,"structure_id":14946,"section_number":"55.1-2220","catch_line":"Escrow of deposits; use of corporate surety bond or irrevocable letter of credit","url":"\/55.1-2220\/","token":"55.1\/IV\/22\/3\/55.1-2220","metadata":false},{"id":57032,"structure_id":14946,"section_number":"55.1-2221","catch_line":"Purchaser's rights of cancellation","url":"\/55.1-2221\/","token":"55.1\/IV\/22\/3\/55.1-2221","metadata":false},{"id":58820,"structure_id":14946,"section_number":"55.1-2222","catch_line":"Possibility of reverter","url":"\/55.1-2222\/","token":"55.1\/IV\/22\/3\/55.1-2222","metadata":false},{"id":64333,"structure_id":14946,"section_number":"55.1-2223","catch_line":"Recording and delivery of deed","url":"\/55.1-2223\/","token":"55.1\/IV\/22\/3\/55.1-2223","metadata":false},{"id":57283,"structure_id":14946,"section_number":"55.1-2224","catch_line":"Liability limited; liability actions prohibited","url":"\/55.1-2224\/","token":"55.1\/IV\/22\/3\/55.1-2224","metadata":false},{"id":67991,"structure_id":14946,"section_number":"55.1-2225","catch_line":"Warning required","url":"\/55.1-2225\/","token":"55.1\/IV\/22\/3\/55.1-2225","metadata":false},{"id":70835,"structure_id":14946,"section_number":"55.1-2226","catch_line":"Buyer's Acknowledgment","url":"\/55.1-2226\/","token":"55.1\/IV\/22\/3\/55.1-2226","metadata":false},{"id":80782,"structure_id":14946,"section_number":"55.1-2227","catch_line":"Resale of time-shares","url":"\/55.1-2227\/","token":"55.1\/IV\/22\/3\/55.1-2227","metadata":false},{"id":81261,"structure_id":14946,"section_number":"55.1-2228","catch_line":"Required resale disclosures","url":"\/55.1-2228\/","token":"55.1\/IV\/22\/3\/55.1-2228","metadata":false},{"id":60659,"structure_id":14946,"section_number":"55.1-2229","catch_line":"Liens","url":"\/55.1-2229\/","token":"55.1\/IV\/22\/3\/55.1-2229","metadata":false},{"id":80677,"structure_id":14946,"section_number":"55.1-2230","catch_line":"Effect of violations on rights of action; attorney fees; prior determination of Common Interest Community Board required for certain violations","url":"\/55.1-2230\/","token":"55.1\/IV\/22\/3\/55.1-2230","metadata":false},{"id":85586,"structure_id":14946,"section_number":"55.1-2231","catch_line":"Statute of limitations; actions; limitation on rescission rights","url":"\/55.1-2231\/","token":"55.1\/IV\/22\/3\/55.1-2231","metadata":false},{"id":75281,"structure_id":14946,"section_number":"55.1-2232","catch_line":"Class actions","url":"\/55.1-2232\/","token":"55.1\/IV\/22\/3\/55.1-2232","metadata":false},{"id":62762,"structure_id":14946,"section_number":"55.1-2233","catch_line":"Financial records","url":"\/55.1-2233\/","token":"55.1\/IV\/22\/3\/55.1-2233","metadata":false},{"id":64251,"structure_id":14946,"section_number":"55.1-2234","catch_line":"Developer's obligation to complete","url":"\/55.1-2234\/","token":"55.1\/IV\/22\/3\/55.1-2234","metadata":false}],"next_section":{"id":70516,"structure_id":14946,"section_number":"55.1-2218","catch_line":"Certain advertising practices regulated","url":"\/55.1-2218\/","token":"55.1\/IV\/22\/3\/55.1-2218","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2217\/","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 16 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 1983, chapter 59; in 1984, chapter 455; in 1985, chapter 517; in 1986, chapter 359; in 1989, chapter 637; in 1994, chapter 580<\/a>; in 1998, chapter 460<\/a>; in 1999, chapter 560<\/a>; in 2001, chapter 543<\/a>; in 2004, chapter 143<\/a>; in 2006, chapter 653<\/a>; in 2007, chapter 267<\/a>; in 2014, chapters 39<\/a> and 716<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 1011<\/a>; in 2023, chapters 52<\/a> and 53<\/a>.<\/p>","references":[{"id":85082,"section_number":"55.1-1976","catch_line":"Public offering statement; condominium securities","order_by":null,"url":"\/55.1-1976\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"},{"id":61697,"section_number":"55.1-2201","catch_line":"Applicability","order_by":null,"url":"\/55.1-2201\/"},{"id":63273,"section_number":"55.1-2242","catch_line":"Annual report; amendments","order_by":null,"url":"\/55.1-2242\/"},{"id":69214,"section_number":"55.1-2246","catch_line":"Alternative purchase; registration","order_by":null,"url":"\/55.1-2246\/"},{"id":54508,"section_number":"55.1-2252","catch_line":"Penalties","order_by":null,"url":"\/55.1-2252\/"}],"refers_to":[{"id":62277,"section_number":"55.1-1410","catch_line":"Notice to terminate a tenancy in nonresidential rental property; notice of change in use of multifamily residential building","order_by":null,"url":"\/55.1-1410\/"},{"id":74270,"section_number":"55.1-1920","catch_line":"Contents of plats and plans","order_by":null,"url":"\/55.1-1920\/"},{"id":66226,"section_number":"55.1-2213","catch_line":"Time-share estate owners' association annual report","order_by":null,"url":"\/55.1-2213\/"},{"id":82622,"section_number":"55.1-2219","catch_line":"Exchange programs","order_by":null,"url":"\/55.1-2219\/"},{"id":70862,"section_number":"55.1-2239","catch_line":"Application for registration","order_by":null,"url":"\/55.1-2239\/"}],"permalink":{"id":247545,"object_type":"law","relational_id":64589,"identifier":"55.1-2217","token":"55.1\/IV\/22\/3\/55.1-2217","url":"\/55.1-2217\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2217\/","token":"55.1\/IV\/22\/3\/55.1-2217","dublin_core":{"Title":"Public offering statement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2217","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to the execution of a contract<\/span> for the purchase of a time-share, the developer<\/span> shall prepare and distribute to each prospective purchaser<\/span> a copy of the current public offering statement<\/span> regarding the time-share program<\/span>. The public offering statement<\/span> shall (i) fully and accurately disclose the material<\/span> characteristics of the time-share program<\/span> registered under this chapter and such time-share offered and (ii) make known to each prospective purchaser<\/span> all material<\/span> circumstances affecting such time-share program<\/span>. A developer<\/span> need not make joint disclosures concerning two or more time-share projects<\/span> owned by the developer<\/span> or any related entity unless such projects are included in the same time-share program<\/span> and marketed jointly at any of the time-share projects<\/span>. The proposed public offering statement<\/span> shall be filed with the Board<\/span> and shall be in a form prescribed by its regulations. The public offering statement<\/span> may limit the information provided for the specific time-share project<\/span> to which the developer<\/span>’s registration relates. The public offering statement<\/span> shall include the following only to the extent that a given disclosure is applicable: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and principal address of the developer<\/span>, including:\n\t\t\t\ta. The name, principal occupation, and address of every director, partner, limited liability company manager, or trustee of the developer<\/span>;\n\t\t\t\tb. The name and address of each person<\/span> owning or controlling an interest of 20 percent or more in each time-share project<\/span> included in the registration;\n\t\t\t\tc. The particulars of any indictment<\/span>, conviction<\/span>, judgment<\/span>, or order<\/span> of any court<\/span> or administrative agency against the developer<\/span> or managing entity<\/span> for violation of a federal, state, local, or foreign country law<\/span> 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;\n\t\t\t\td. The nature of each unsatisfied judgment<\/span>, if any, against the developer<\/span> or the managing entity<\/span>, the status of each pending action involving the sale or management of real estate to which the developer<\/span>, the managing entity<\/span>, or any general partner, executive officer, director, limited liability company manager, or majority stockholder thereof is a defending party<\/span>, and the status of each pending action, if any, of significance to any time-share project<\/span> included in the registration; and\n\t\t\t\te. The name and address of the developer<\/span>’s agent for service of any notice permitted by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A general description of the time-share projects<\/span> included in the time-share program<\/span>. The description shall include the address of each time-share project<\/span>, the units, and common elements<\/span> for each project promised available to purchasers<\/span>, including the developer<\/span>’s estimated schedule of commencement and completion of all promised and incomplete time-share units<\/span> and common elements<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> As to all time-shares<\/span> offered by the developer<\/span>:\n\t\t\t\ta. The form of time-share ownership offered in the time-share program<\/span>;\n\t\t\t\tb. The types, duration, and number of units and time-shares<\/span> in the time-share program<\/span>;\n\t\t\t\tc. Identification of time-share units<\/span> that are subject to the time-share program<\/span>;\n\t\t\t\td. The estimated number of time-share units<\/span> that may become subject to the time-share program<\/span>;\n\t\t\t\te. Provisions, if any, that have been made for public utilities in the time-share project<\/span> including water, electricity, telephone, and sewerage facilities;\n\t\t\t\tf. A statement to the effect of whether or not the developer<\/span> has reserved the right to add to or delete from the time-share program<\/span> a time-share project<\/span> or any incidental benefit<\/span>;\n\t\t\t\tg. A statement of whether the developer<\/span> will offer<\/span> any alternative purchase<\/span>; and\n\t\t\t\th. If the developer<\/span> utilizes the possibility of reverter<\/span>, a statement to that effect referring the purchaser<\/span> to the reverter deed<\/span> for an explanation of such possibility of reverter<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In a time-share estate<\/span> program, a copy of the annual report or budget required by § 55.1-2213<\/a>, which copy may take the form of an exhibit to the public offering statement<\/span>. In the case where multiple time-share projects<\/span> are included in the time-share program<\/span>, the copy or exhibit may be in summary form. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In a time-share use<\/span> program where the developer<\/span>’s net worth is no more than $250,000, a current audited balance sheet and, where the developer<\/span>’s net worth exceeds such amount, a statement by such developer<\/span> that its equity<\/span> in the time-share program<\/span> exceeds that amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any initial or special fee due from the purchaser<\/span> at settlement<\/span> together with a description of the purpose and method of calculating the fee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A description of any liens<\/span>, defects, or encumbrances affecting the time-share project<\/span> and in particular the time-share offered to the purchaser<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A general description of any financing offered by or available through the developer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A statement that the purchaser<\/span> has a nonwaivable right of cancellation, referring such purchaser<\/span> to that portion of the contract<\/span> in which such right may be found. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> If the time-share interest in a condominium unit<\/span> may be conveyed before that condominium unit<\/span> is certified as substantially complete in accordance with § 55.1-1920<\/a>, a statement of the developer<\/span>’s obligation to complete the condominium unit<\/span>. Such statement shall include the approximate date by which the condominium unit<\/span> shall be completed, together with the form and amount of the bond<\/span> filed in accordance with subsection B of § 55.1-1921<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any restraints on alienation of any number or portion of any time-shares<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> A description of the insurance coverage provided for the benefit of time-share owners<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The extent to which financial arrangements, if any, have been provided for completion of any incomplete but promised time-share unit<\/span> or common element being then offered for sale, including a statement of the developer<\/span>’s obligation to complete the promised units and common elements<\/span> that the time-share project<\/span> comprises that have not begun or that have begun but have not yet been completed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The extent to which a time-share unit<\/span> may become subject to a tax or other lien<\/span> arising out of claims against other owners of the same unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The name and address of the managing entity<\/span> for each project in the time-share program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Copies of the time-share instrument<\/span> and the association<\/span>’s articles of incorporation and bylaws, each of which may be a supplement to the public offering statement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Any services that the developer<\/span> provides or expense it pays and that it expects may become at any subsequent time a time-share expense<\/span> of the owners, and the projected time-share expense<\/span> liability attributable to each of those services or expenses for each time-share. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> A description of the terms of the deposit escrow requirements, including a statement that deposits may be removed from escrow at the termination of the cancellation period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> A description of the facilities, if any, provided by the developer<\/span> to the association<\/span> in a time-share estate<\/span> project for the management of the project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Any other information required by the Board<\/span> to assure full and fair meaningful disclosure to prospective purchasers<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any prospective purchaser<\/span> is offered the opportunity to subscribe to or participate in any exchange program<\/span>, the public offering statement<\/span> shall include, as an exhibit or supplement, the disclosure document prepared by the exchange company<\/span> in accordance with \u00a7 55.1-2219<\/a> and a brief<\/span> narrative description of the exchange program<\/span>, which shall include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A statement of whether membership or participation in the program is voluntary or mandatory; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name and address of the exchange company<\/span> together with the names of its top three officers and directors; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement of whether the exchange company<\/span> or any of its top three officers, directors, or holders of a 10 percent or greater interest in the exchange company<\/span> has any interest in the developer<\/span>, the managing entity<\/span>, or the time-share program<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement that the purchaser<\/span>’s contract<\/span> with the exchange company<\/span> is a contract<\/span> separate and distinct from the purchaser<\/span>’s contract<\/span> with the developer<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A brief<\/span> narrative description of the procedure by which exchanges are conducted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The public offering statement<\/span> of a conversion time-share project<\/span> shall also include the following, which may take the form of an exhibit to the public offering statement<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A specific statement of the amount of any initial or special fee, if any, due from the purchaser<\/span> of a time-share on or before settlement<\/span> of the purchase contract<\/span> and the basis of such fee occasioned by the fact<\/span> that the project is a conversion time-share project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information on the actual expenditures, if available, made on all repairs, maintenance, operation, or upkeep of any building in the time-share project within the last three years. This information shall be set forth in a tabular manner within the proposed budget of the project. If any such building has not been occupied for a period of three years, the information shall be set forth for the period during which such building was occupied; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves occasioned by the fact<\/span> that the project is a conversion time-share project<\/span>, or, if no provision is made for such reserves, a statement to that effect; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the present condition of all structural components and major utility installations in the building, which statement shall include the approximate dates of construction, installations, and major repairs as well as the expected useful life of each such item, together with the estimated cost, in current dollars, of replacing each such component. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of a conversion time-share project<\/span>, the developer<\/span> shall give at least 90 days’ notice to each of the tenants of any building that the developer<\/span> intends to submit to the provisions of this chapter. During the first 60 days of such 90-day period, each of these tenants shall have the exclusive right to contract<\/span> for the purchase of a time-share from the unit he occupies, but only if such unit is to be retained in the conversion time-share project<\/span> without substantial alteration in its physical layout. Such notice shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the developer<\/span>’s intent<\/span> to create a conversion time-share project<\/span>. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410<\/a>, except that, despite the provisions of § 55.1-1410<\/a>, a tenancy from month to month may only be terminated upon 120 days’ notice as set forth in this subsection when such termination is in regard to the creation of a conversion time-share project<\/span>. If, however, a tenant so notified remains in possession<\/span> of the unit he occupies after the expiration of the 120-day period with the permission of the developer<\/span>, in order<\/span> to then terminate the tenancy, such developer<\/span> shall give the tenant a further notice as provided in § 55.1-1410<\/a>.\n\t\t\tThe developer<\/span> of a conversion time-share project<\/span> shall, in addition to the requirements of § 55.1-2239<\/a>, include with the application for registration a copy of the notice required by this subsection and a certified statement that such notice that fully complies with the provisions of this subsection shall be, at the time of the registration, mailed or delivered to each of the tenants in any building for which registration is sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The developer<\/span> shall amend<\/span> the public offering statement<\/span> to reflect any material change<\/span> in the time-share program<\/span>. If the developer<\/span> has reserved in the time-share instrument<\/span> the right to add to or delete incidental benefits<\/span>, the addition or deletion of such benefits shall not constitute a material change<\/span>. Prior to distribution, the developer<\/span> shall file with the Board<\/span> the public offering statement<\/span> amended to reflect any material change<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> may at any time require a developer<\/span> to alter or supplement the form or substance of the public offering statement<\/span> to assure full and fair disclosure to prospective purchasers<\/span>. A developer<\/span> may prepare and distribute a public offering statement<\/span> for each time-share program<\/span> offered or one public offering statement<\/span> for all time-share programs<\/span> offered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The developer<\/span> shall amend<\/span> the public offering statement<\/span> to reflect any addition of a time-share project to, or removal of a time-share project from, the existing time-share program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In the case of a time-share project located outside the Commonwealth, similar disclosure statements<\/span> required by other situs<\/span> laws<\/span> governing time-sharing may be accepted by the Board<\/span> as alternative disclosure statements<\/span> to satisfy the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The public offering statement<\/span> may be in any format, including any electronic format, provided that the prospective buyer has available for review, along with ample time for any questions and answers, a copy of the public offering statement<\/span> prior to his execution of a contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLIC OFFERING STATEMENT (\u00a7 55.1-2217)\n\nA. Prior to the execution of a contract for the purchase of a time-share, the\ndeveloper shall prepare and distribute to each prospective purchaser a copy of\nthe current public offering statement regarding the time-share program. The\npublic offering statement shall (i) fully and accurately disclose the material\ncharacteristics of the time-share program registered under this chapter and such\ntime-share offered and (ii) make known to each prospective purchaser all\nmaterial circumstances affecting such time-share program. A developer need not\nmake joint disclosures concerning two or more time-share projects owned by the\ndeveloper or any related entity unless such projects are included in the same\ntime-share program and marketed jointly at any of the time-share projects. The\nproposed public offering statement shall be filed with the Board and shall be in\na form prescribed by its regulations. The public offering statement may limit\nthe information provided for the specific time-share project to which the\ndeveloper’s registration relates. The public offering statement shall\ninclude the following only to the extent that a given disclosure is applicable:\n\n 1. The name and principal address of the developer, including:\n \t\t\t\ta. The name, principal occupation, and address of every director, partner,\n limited liability company manager, or trustee of the developer;\n \t\t\t\tb. The name and address of each person owning or controlling an interest\n of 20 percent or more in each time-share project included in the registration;\n \t\t\t\tc. The particulars of any indictment, conviction, judgment, or order of\n any court or administrative agency against the developer or managing entity\n for violation of a federal, state, local, or foreign country law or regulation\n in connection with activities relating to time-share sales, land sales, land\n investments, security sales, construction or sale of homes or improvements, or\n any similar or related activity;\n \t\t\t\td. The nature of each unsatisfied judgment, if any, against the developer\n or the managing entity, the status of each pending action involving the sale\n or management of real estate to which the developer, the managing entity, or\n any general partner, executive officer, director, limited liability company\n manager, or majority stockholder thereof is a defending party, and the status\n of each pending action, if any, of significance to any time-share project\n included in the registration; and\n \t\t\t\te. The name and address of the developer’s agent for service of any\n notice permitted by this chapter.\n\n 2. A general description of the time-share projects included in the time-share\n program. The description shall include the address of each time-share project,\n the units, and common elements for each project promised available to\n purchasers, including the developer’s estimated schedule of commencement\n and completion of all promised and incomplete time-share units and common\n elements.\n\n 3. As to all time-shares offered by the developer:\n \t\t\t\ta. The form of time-share ownership offered in the time-share program;\n \t\t\t\tb. The types, duration, and number of units and time-shares in the\n time-share program;\n \t\t\t\tc. Identification of time-share units that are subject to the time-share\n program;\n \t\t\t\td. The estimated number of time-share units that may become subject to the\n time-share program;\n \t\t\t\te. Provisions, if any, that have been made for public utilities in the\n time-share project including water, electricity, telephone, and sewerage\n facilities;\n \t\t\t\tf. A statement to the effect of whether or not the developer has reserved\n the right to add to or delete from the time-share program a time-share project\n or any incidental benefit;\n \t\t\t\tg. A statement of whether the developer will offer any alternative\n purchase; and\n \t\t\t\th. If the developer utilizes the possibility of reverter, a statement to\n that effect referring the purchaser to the reverter deed for an explanation of\n such possibility of reverter.\n\n 4. In a time-share estate program, a copy of the annual report or budget\n required by § 55.1-2213, which copy may take the form of an exhibit to\n the public offering statement. In the case where multiple time-share projects\n are included in the time-share program, the copy or exhibit may be in summary\n form.\n\n 5. In a time-share use program where the developer’s net worth is no\n more than $250,000, a current audited balance sheet and, where the\n developer’s net worth exceeds such amount, a statement by such developer\n that its equity in the time-share program exceeds that amount.\n\n 6. Any initial or special fee due from the purchaser at settlement together\n with a description of the purpose and method of calculating the fee.\n\n 7. A description of any liens, defects, or encumbrances affecting the\n time-share project and in particular the time-share offered to the purchaser.\n\n 8. A general description of any financing offered by or available through the\n developer.\n\n 9. A statement that the purchaser has a nonwaivable right of cancellation,\n referring such purchaser to that portion of the contract in which such right\n may be found.\n\n 10. If the time-share interest in a condominium unit may be conveyed before\n that condominium unit is certified as substantially complete in accordance\n with § 55.1-1920, a statement of the developer’s obligation to\n complete the condominium unit. Such statement shall include the approximate\n date by which the condominium unit shall be completed, together with the form\n and amount of the bond filed in accordance with subsection B of §\n 55.1-1921.\n\n 11. Any restraints on alienation of any number or portion of any time-shares.\n\n 12. A description of the insurance coverage provided for the benefit of\n time-share owners.\n\n 13. The extent to which financial arrangements, if any, have been provided for\n completion of any incomplete but promised time-share unit or common element\n being then offered for sale, including a statement of the developer’s\n obligation to complete the promised units and common elements that the\n time-share project comprises that have not begun or that have begun but have\n not yet been completed.\n\n 14. The extent to which a time-share unit may become subject to a tax or other\n lien arising out of claims against other owners of the same unit.\n\n 15. The name and address of the managing entity for each project in the\n time-share program.\n\n 16. Copies of the time-share instrument and the association’s articles\n of incorporation and bylaws, each of which may be a supplement to the public\n offering statement.\n\n 17. Any services that the developer provides or expense it pays and that it\n expects may become at any subsequent time a time-share expense of the owners,\n and the projected time-share expense liability attributable to each of those\n services or expenses for each time-share.\n\n 18. A description of the terms of the deposit escrow requirements, including a\n statement that deposits may be removed from escrow at the termination of the\n cancellation period.\n\n 19. A description of the facilities, if any, provided by the developer to the\n association in a time-share estate project for the management of the project.\n\n 20. Any other information required by the Board to assure full and fair\n meaningful disclosure to prospective purchasers.\n\nB. If any prospective purchaser is offered the opportunity to subscribe to or\nparticipate in any exchange program, the public offering statement shall\ninclude, as an exhibit or supplement, the disclosure document prepared by the\nexchange company in accordance with \u00a7 55.1-2219 and a brief narrative\ndescription of the exchange program, which shall include the following:\n\n 1. A statement of whether membership or participation in the program is\n voluntary or mandatory;\n\n 2. The name and address of the exchange company together with the names of its\n top three officers and directors;\n\n 3. A statement of whether the exchange company or any of its top three\n officers, directors, or holders of a 10 percent or greater interest in the\n exchange company has any interest in the developer, the managing entity, or\n the time-share program;\n\n 4. A statement that the purchaser’s contract with the exchange company\n is a contract separate and distinct from the purchaser’s contract with\n the developer; and\n\n 5. A brief narrative description of the procedure by which exchanges are\n conducted.\n\nC. The public offering statement of a conversion time-share project shall also\ninclude the following, which may take the form of an exhibit to the public\noffering statement:\n\n 1. A specific statement of the amount of any initial or special fee, if any,\n due from the purchaser of a time-share on or before settlement of the purchase\n contract and the basis of such fee occasioned by the fact that the project is\n a conversion time-share project;\n\n 2. Information on the actual expenditures, if available, made on all repairs,\n maintenance, operation, or upkeep of any building in the time-share project\n within the last three years. This information shall be set forth in a tabular\n manner within the proposed budget of the project. If any such building has not\n been occupied for a period of three years, the information shall be set forth\n for the period during which such building was occupied;\n\n 3. A description of any provisions made in the budget for reserves for capital\n expenditures and an explanation of the basis for such reserves occasioned by\n the fact that the project is a conversion time-share project, or, if no\n provision is made for such reserves, a statement to that effect; and\n\n 4. A statement of the present condition of all structural components and major\n utility installations in the building, which statement shall include the\n approximate dates of construction, installations, and major repairs as well as\n the expected useful life of each such item, together with the estimated cost,\n in current dollars, of replacing each such component.\n\nD. In the case of a conversion time-share project, the developer shall give at\nleast 90 days’ notice to each of the tenants of any building that the\ndeveloper intends to submit to the provisions of this chapter. During the first\n60 days of such 90-day period, each of these tenants shall have the exclusive\nright to contract for the purchase of a time-share from the unit he occupies,\nbut only if such unit is to be retained in the conversion time-share project\nwithout substantial alteration in its physical layout. Such notice shall be hand\ndelivered or sent by first-class mail, return receipt requested, and shall\ninform the tenants of the developer’s intent to create a conversion\ntime-share project. Such notice may also constitute the notice to terminate the\ntenancy as provided for in § 55.1-1410, except that, despite the provisions\nof § 55.1-1410, a tenancy from month to month may only be terminated upon\n120 days’ notice as set forth in this subsection when such termination is\nin regard to the creation of a conversion time-share project. If, however, a\ntenant so notified remains in possession of the unit he occupies after the\nexpiration of the 120-day period with the permission of the developer, in order\nto then terminate the tenancy, such developer shall give the tenant a further\nnotice as provided in § 55.1-1410.\n\t\t\tThe developer of a conversion time-share project shall, in addition to the\nrequirements of § 55.1-2239, include with the application for registration\na copy of the notice required by this subsection and a certified statement that\nsuch notice that fully complies with the provisions of this subsection shall be,\nat the time of the registration, mailed or delivered to each of the tenants in\nany building for which registration is sought.\n\nE. The developer shall amend the public offering statement to reflect any\nmaterial change in the time-share program. If the developer has reserved in the\ntime-share instrument the right to add to or delete incidental benefits, the\naddition or deletion of such benefits shall not constitute a material change.\nPrior to distribution, the developer shall file with the Board the public\noffering statement amended to reflect any material change.\n\nF. The Board may at any time require a developer to alter or supplement the form\nor substance of the public offering statement to assure full and fair disclosure\nto prospective purchasers. A developer may prepare and distribute a public\noffering statement for each time-share program offered or one public offering\nstatement for all time-share programs offered.\n\nG. The developer shall amend the public offering statement to reflect any\naddition of a time-share project to, or removal of a time-share project from,\nthe existing time-share program.\n\nH. In the case of a time-share project located outside the Commonwealth, similar\ndisclosure statements required by other situs laws governing time-sharing may be\naccepted by the Board as alternative disclosure statements to satisfy the\nrequirements of this section.\n\nI. The public offering statement may be in any format, including any electronic\nformat, provided that the prospective buyer has available for review, along with\nample time for any questions and answers, a copy of the public offering\nstatement prior to his execution of a contract.\n\nHISTORY: 1981, c. 462, \u00a7 55-374; 1983, c. 59; 1984, c. 455; 1985, c. 517; 1986,\nc. 359; 1989, c. 637; 1994, c. 580; 1998, c. 460; 1999, c. 560; 2001, c. 543;\n2004, c. 143; 2006, c. 653; 2007, c. 267; 2014, cc. 39, 716; 2019, c. 712; 2020,\nc. 1011; 2023, cc. 52, 53.","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}}