Section 127 - Application.

§ 11A-127. Application.
 

(a)  Preexisting rights not affected.- This title applies to all time-share projects in the State except to the extent of any inconsistent right or obligation under a preexisting project instrument, document transferring an interest in real estate, or contract. 

(b)  Amended instruments.- The project instrument of any time-share project in existence before January 1, 1985, may be amended in accordance with this title. If an amendment grants to any person any rights, powers, or privileges permitted by this title, all correlative obligations, liabilities, and restrictions shall also apply to that person. 

(c)  Applicability of certain sections to projects located in State.-  

(1) The requirements of §§ 11A-102, 11A-103, 11A-104, 11A-105, 11A-106, 11A-107, 11A-108, 11A-109, 11A-110, 11A-111, 11A-115, and 11A-117 of this title apply only to projects located in this State. 

(2) The requirements of §§ 11A-112, 11A-113, 11A-114, 11A-116, 11A-118, 11A-119, 11A-120, 11A-121, 11A-122, 11A-124, and 11A-125 of this title apply to any developer required to register under this title with the Commission, whether or not the project is located in this State. 

(d)  Sales of time-shares.- Except for the developer of the project or an employee, officer, agent, or assign of the developer of the project where the time-shares are located, a person engaged in the business of selling time-shares owned by that person is required to comply with §§ 11A-115, 11A-116, 11A-119, 11A-121, 11A-122, 11A-124, and 11A-125 of this title, but is not required to comply with § 11A-112 of this title. 
 

[1984, ch. 579; 1985, ch. 721; 1990, ch. 140; 2009, ch. 60, § 5.]