Mass. Gen. Laws ch. 183B, § 1
Citation
Section 1. This chapter may be cited as the Real Estate Time–Share Act.
Massachusetts General Laws Chapter 183B — REAL ESTATE TIME–SHARES
Massachusetts · statute · Mass. Gen. Laws ch. 183B · 60 active provisions
Mass. Gen. Laws ch. 183B, § 2
Definitions
Section 2. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Affiliate of a developer'', any person who controls, is controlled by, or is under common control with a developer. A person controls a developer if the person is (i) a general partner,…
Mass. Gen. Laws ch. 183B, § 3
Estates in fee simple; estates for years; separate estates; taxes and assessments; recording documents
Section 3. (a) Except as otherwise provided in this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the character and incidents of such an…
Mass. Gen. Laws ch. 183B, § 4
Agreements varying chapter prohibited; waiver of rights
Section 4. Except as otherwise expressly provided in this chapter, provisions of this chapter shall not be varied by agreement, and rights conferred by this chapter shall not be waived. A developer shall not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter…
Mass. Gen. Laws ch. 183B, § 5
Unconscionable contracts
Section 5. (a) The court, upon finding as a matter of law that a time-share contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce such contract, may enforce the remainder of the contract without the unconscionable clause, or may limit the application of any such unconsc…
Mass. Gen. Laws ch. 183B, § 6
Good faith obligation
Section 6. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
Mass. Gen. Laws ch. 183B, § 7
Remedies; liberal administration; damages; judicial enforcement
Section 7. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by o…
Mass. Gen. Laws ch. 183B, § 8
Laws supplementary to chapter
Section 8. The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance…
Mass. Gen. Laws ch. 183B, § 9
Conflicts with other laws
Section 9. In the event of any conflict between this chapter and chapter one hundred and eighty-three A or chapter one hundred and fifty-seven, the provisions of this chapter shall prevail, but this chapter does not invalidate or otherwise affect rights or obligations vested under said chapter one hundred and eighty-th…
Mass. Gen. Laws ch. 183B, § 10
Implied repeals by subsequent legislation
Section 10. This chapter being intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed in whole or in part by subsequent legislation if such construction can reasonably be avoided.
Mass. Gen. Laws ch. 183B, § 11
Project instruments; creation of time-shares; amendments
Section 11. If all of the documents constituting the project instrument are recorded, time-shares shall not be created in any unit in a project unless expressly permitted by the project instrument. No amendment to a project instrument which is recorded shall permit the creation of time-shares unless the owners of at le…
Mass. Gen. Laws ch. 183B, § 12
Instruments for creation of more than twelve time-shares in single property; recording; contents
Section 12. (a) Except as provided in subsection (b), more than twelve time-shares may be created in a single time-share property only by a time-share instrument recorded in the registry of deeds or land registration office for the district in which the time-share unit is situated. Said instrument shall contain or prov…
Mass. Gen. Laws ch. 183B, § 13
Instruments; allocation of votes and expense liabilities; alteration
Section 13. (a) The time-share instrument shall state the amount of or formula used to determine any time-share expense liability allocated to each time-share. (b) If the time-share instrument provides for voting, it shall allocate votes to each time-share unit and to each time-share estate and may allocate votes to an…
Mass. Gen. Laws ch. 183B, § 14
Partition of units
[Text of section applicable as provided by 2024, 344, Sec. 3.] Section 14. No action for partition of a time-share unit may be maintained except as permitted by the time-share instrument or by paragraph (3) of subsection (b) of section fifteen.
Mass. Gen. Laws ch. 183B, § 15
Termination of time-share plans; termination agreement and procedures
[Text of section applicable as provided by 2024, 344, Sec. 3. ] Section 15. (a) This section shall apply to time-share licenses only to the extent expressly provided by the time-share instrument. (b) After the occurrence of a duly noticed and held meeting of an association of owners convened not less than 30 days after…
Mass. Gen. Laws ch. 183B, § 16
Sales or management offices; models; signs
Section 16. A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location, and relocation thereof. He may maintain signs on the property advertising the pro…
Mass. Gen. Laws ch. 183B, § 17
Instruments; approval of actions of owners, developer, or managing entity
Section 17. The time-share instrument may require that all or a specified number or percentage of the mortgagees of units or time-shares approve specified actions of the unit owners, time-share owners, developer, or managing entity as a condition to the effectiveness of said actions, but a requirement for approval shal…
Mass. Gen. Laws ch. 183B, § 18
Deeds; notice of lease or license; recording; contents
Section 18. A time-share estate, coupled with a freehold estate, shall be evidenced by a time-share deed, and a time-share estate, coupled with an estate for years shall be evidenced by a notice of time-share lease. A time-share license shall be evidenced by a notice of time-share license. Said deed, notice of time-sha…
Mass. Gen. Laws ch. 183B, § 19
Managing entity
Section 19. (a) If the number of time-shares in a time-share property is more than twelve, the developer, before the first transfer of a time-share, shall create or provide a managing entity to manage the time-share property. The managing entity may be (i) a manager, who may be the developer, or (ii) an association, wh…
Mass. Gen. Laws ch. 183B, § 20
Powers of association
Section 20. (a) Subject to the provisions of subsection (b) and the time-share instrument, the association, even if unincorporated, may: (1) adopt and amend by-laws, rules, and regulations; (2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for time-share expenses from time-sha…
Mass. Gen. Laws ch. 183B, § 21
Powers and duties of developer
Section 21. The developer shall have the duties imposed on the managing entity by this chapter and the powers set forth in clauses (1) to (11), inclusive, of subsection (a) of section twenty until a managing entity is provided or the developer and his affiliates own no estate or interest in the time-share property, whi…
Mass. Gen. Laws ch. 183B, § 22
Special developer right
Section 22. (a) For the purposes of this section, ''special developer right'' shall mean a right reserved for the benefit of a developer to add more units to a time-share property to maintain sales offices, management offices, models, and signs or to appoint, control, or serve as the managing entity. No special develop…
Mass. Gen. Laws ch. 183B, § 23
Contracts or leases between developer and managing entity; termination by association or owners
Section 23. (a) If, before the developer ceases to appoint, control or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities between the managing entity and the developer or an affiliate of the developer, or (ii) any…
Mass. Gen. Laws ch. 183B, § 24
Duties of managing entity; access to units; alteration of unit by owner
Section 24. Except to the extent otherwise provided by the time-share instrument, the managing entity shall be responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, other than personal property separately o…
Mass. Gen. Laws ch. 183B, § 25
Liability of owners; actions involving owners, developers, or associations; tolling of limitations; judgments against associations
Section 25. (a) A time-share owner shall be personally liable for his acts and omissions and those of his employees and agents other than the managing entity. (b) An action shall not be maintained against a time-share owner, nor shall a time-share owner be precluded from maintaining an action, solely because he owns a…
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