North Carolina § 93A-41 - Definitions.

§ 93A-41. Definitions.

When used in this Article, unless the context otherwise requires, the term: "Commission" means the North Carolina Real Estate Commission; "Developer" means any person or entity which creates a time share or a time share project or program, purchases a time share for purpose of resale, or is engaged in the business of selling its own time shares and shall include any person or entity who controls, is controlled by, or is in common control with the developer which is engaged in creating or selling time shares for the developer, but a person who purchases a time share for his or her occupancy, use, and enjoyment shall not be deemed a developer; "Enrolled" means paid membership in exchange programs or membership in an exchange program evidenced by written acceptance or confirmation of membership; "Exchange company" means any person operating an exchange program; "Exchange program" means any opportunity or procedure for the assignment or exchange of time shares among purchasers in the same or other time share project; "Independent escrow agent" means a licensed attorney located in this State or a financial institution located in this State; "Managing agent" means a person who undertakes the duties, responsibilities, and obligations of the management of a time share program; "Person" means one or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof; "Project broker" means a natural person licensed as a real estate broker and designated by the developer to supervise brokers at the time share project; "Purchaser" means any person other than a developer or lender who owns or acquires an interest or proposes to acquire an interest in a time share; "Time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with a freehold estate or an estate for years in a time share project or a specified portion of a time share project. "Time share" shall also include a vacation license, prepaid hotel reservation, club membership, limited partnership, vacation bond, or a plan or system where the right to use a time share unit or units for periods of time is awarded or apportioned on the basis of points, vouchers, split, divided, or floating use, even if on a competitive basis with other purchasers; "Time share instrument" means an instrument transferring a time share or any interest, legal or beneficial, in a time share to a purchaser, including a contract, installment contract, lease, deed, or other instrument; "Time share program" means any arrangement for time shares whereby real property has been made subject to a time share; "Time share project" means any real property that is subject to a time share program; "Time share registrar" means a natural person who is designated by the developer to record or cause time share instruments and lien releases to be recorded and to fulfill the other duties imposed by this Article; "Time share salesperson" means a person who sells or offers to sell on behalf of a developer a time share to a purchaser; and "Time share unit" or "unit" means the real property or real property improvement in a project which is divided into time shares and designated for separate occupancy and use. History (1983, c. 814, s. 1; 1985, c. 578, s. 1; 1999-229, ss. 13, 14; 2000-140, s. 19(b); 2005-395, s. 20; 2011-217, s. 19.) Effect of Amendments. - Session Laws 2005-395, s. 20, effective April 1, 2006, deleted "and salespersons" following "brokers" in subdivision (7a). Session Laws 2011-217, s. 19, effective January 1, 2012, in subdivision (9), substituted "or a specified portion of a time share project. 'Time share' shall also include a vacation license" for "or a specified portion thereof, including, but not limited to, a vacation license," inserted "a time share unit or units for a period of time," and added "even if on a competitive basis with other purchasers." Legal Periodicals. - For comment, "Time Sharing: The North Carolina General Assembly's Response to Ownership of Time Share Contracts," see 15 N.C. Cent. L.J. 56 (1984).