October 2009 Developments - 40

e titl cc 21 tain tim ruc en y a nd e r t in e 2 ar titi I b r ce ,a d rta cons g en e to e po .03 R l c in of ss bil os of nd tem 212 ro st O A ED ng to , mp ncy ion a he li i for L L 8 E g a t OL 61, tin .010 ions cts F gt up ca R u y g ela 25 is cc pli din rod ts; EN /HB alt tr 1 ov or o ap pan din p S su eres ac 04, pr f n en x a f C ng i d e m tio “c An .01 nt n o pai ovid .S.; lla ;a m ei 25 catio ion F ce ar on n pr ter 1 , n h t iti o ts; .605 ca pli ra the imes eﬁn ati uc bt ap side 4 d 1 of t 2 f rm od a de ion for n r 6 o o ing co it t p g s. ng rs fer inf ents quir 2 r f n l e st si so din e eﬁ ell revi iona co oo re 3 tem S.; r n t d t he d d e s or ; . e ta e rs; di . e t ne am oriz F.S g ad ng s 0, F n fe clu 4 of ir in i s 5, ow nfa ri th .2 in to se rta est u ffe 721 au 1.0 cify 5 o e o n e” by Jason C. Gamel s rp 72 pe ter ec lic g s. nc s a rtain und pu s. 6 ra ub ;s vid re in tute n . i u p e ef ng ro ha d i r .S ain ti p tc ins 7 en nd to s ,F ns an to rt ha me 1.07 ed me e co ng t ce s; am ers ing a ti 8 itl s o id di nt vid 72 ed in lan ov ion t isclo rovi re e ro s. p 9 pr t uir are d p ;p a a q : ity to e; ice rs h re rm bil ida 10 es serv info ilure actic ase ra lor h e im le r t F s v p fa rc 11 of se sa sting that de d pu te re 2 ra ng li a 1 n d ng ive t d an vidi St tio an cifyi o oi pt ec 13 the pr e g; ; ce fs ev of sp 4 yin de s ar neys ) o ad: re 1 3 d t lev o atu n ( o re an trac for isl 15 tio t n m te. n g i ec co erta ed dure Le da bs 16 espite the downturn in the economy, end legislatures were the su m state oce t.-f c tive f o y a 17 pr ) ec as busy asd b looking for o iways to;generate revenue and ever en (a new s e eff 8 tax rcem h ctﬁnancial condition.tes, 1 improve their Since nt last update, the ARDA State ap na e our nfo gr atu tE 19 ra Affairs Iofﬁce has been busySt across pm country ﬁghting for the rights the ; e Pa Be elo da um 20 of the timeshare1. industryi and dev end owners alike. As you can see timeshare lor t F r on s 21 cti from the following 4, update,riwe have had some landmark legislative efe u Se .010 2 To es; r 2 4 victories in states such as Florida, Hawaii, and Connecticut, and 25 us 10 23 continue to 1 5.aheadein Massachusetts with non-judicial foreclosure forge 0 iz d 2 r 24legislation. As1 look to 2010, we will continue to ﬁght against those weutho a 25 who seek to increase taxes on the timeshare industry and to further 6 our2goals of creating an environment where the timeshare industry can 27 continue to grow and prosper. 28 exchange users into state law. Nevada has recording system—passed the legislature, Long-Sought Florida protections in Washoe and Clark County ending many years of effort, frustration, Timeshare Tax ordinances, key sites for timeshare resorts. and cost. ARDA-Hawaii has worked on this bill for several years. HB 61 also cleared the way for timeshare Clariﬁcation Enacted developers to offer “debt cancellation” SB 1352 allows owners to “opt out” Despite a challenging legislative products. These products would allow of the land court and de-register land to session dominated by budget shortfalls and purchasers to return a timeshare to the the regular system. It allows the bureau the passage of a historically low number of developer if they are hit with a job loss or of conveyances to charge a $5 fee for debills, Governor Charlie Christ signed HB other speciﬁed events, without a negative registration of a fee timeshare interest 61 into law on June 10, clearly establishing impact on their credit score. The provision and allows electronic ﬁling of both land that timeshare exchanges are not subject to was modeled after products offered by auto court and regular system documents and taxation in Florida. manufacturers. instruments. The bill took general effect on With the support of strong legislative July 1, 2009, although the de-registration sponsors in the House and Senate, this portion is delayed until 2011. Hawaii Land Court ARDA-backed measure codiﬁed the Two other ARDA priority bills that Bill Enacted existing tax status of exchange, which passed this session include: (1) SB 1113, had been questioned by some counties repealing a requirement that timeshare The Hawaii legislative session ended as they searched for revenue in a down units in an existing hotel in a county with on a high note for ARDA, as SB 1352—a economy. Florida follows California and a population in excess of 500,000 be bill that will transfer fee timeshare interests South Carolina to enshrine protections for required to contain at least 60 units, of from the land court system to the regular D A H O State Affairs Round-up Developments • October 2009
October 2009 Developments

Table of Contents for the Digital Edition of October 2009 Developments
