AB845: Bill Text

LRB-1960/1

PJK:jlg:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 845

March 7, 2000 - Introduced by Representative Musser. Referred to Committee on Tourism and Recreation.

AB845,1,4 An Act to create 707.41 (4) (gm), 707.41 (4) (og), 707.41 (4) (om), 707.52 (7) and 707.525 of the statutes; relating to: the contents of a time-share disclosure statement and prohibiting the collection of dues for a campground time share that is for sale.

Analysis by the Legislative Reference Bureau

Current law contains provisions that govern time-share ownership of property, including campground interests, such as how to create and terminate a time share, what a time-share developer or campground operator must do, the management powers of the association of unit owners and the various fees and other charges that a unit owner or campground member may be required to pay. This bill prohibits a campground operator from collecting dues payments from a campground member who wishes to sell his or her time-share easement. Dues payments are periodic fees paid by a campground member for the purpose of using the campground. The campground member must have either listed the time share for sale with the campground operator or taken other appropriate steps to sell the time share and notified the campground operator. The campground member must also have relinquished his or her right to use the campground and any campground amenities, which include such facilities as tennis courts, swimming pools, ski hills and marinas.

The bill also requires time-share developers in general, including campground operators, to include certain information in the time-share disclosure statement, which current law requires every time-share developer to deliver to a prospective time-share purchaser. The bill requires the disclosure statement to include an itemization of any charges, fees or other expenses that are payable by a campground member who wishes to sell his or her time-share easement and who has relinquished his or her right to use the campground and its amenities; a listing of the specific resale services, and any charge for those services, that the time-share developer will provide if the developer represents to the prospective purchaser that he or she will assist in the resale of the time share; and a listing of the options that are available to a time-share owner who wishes to sell his or her time share.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB845, s. 1 Section 1. 707.41 (4) (gm) of the statutes is created to read:

AB845,2,3 707.41 (4) (gm) An itemization of any charges, dues, fees or other expenses payable by a time-share owner to whom s. 707.525 (1) and (2) applies.

AB845, s. 2 Section 2. 707.41 (4) (og) of the statutes is created to read:

AB845,2,9 707.41 (4) (og) If the developer, managing entity or campground operator represents to the purchaser that the developer, managing entity or campground operator will assist the purchaser in attempts to resell the time share, the specific services that the developer, managing entity or campground operator will provide and the charge for those services, if any.

AB845, s. 3 Section 3. 707.41 (4) (om) of the statutes is created to read:

AB845,2,12 707.41 (4) (om) A listing of the options available to a time-share owner who wishes to resell the time share.

AB845, s. 4 Section 4. 707.52 (7) of the statutes is created to read:

AB845,2,16 707.52 (7) Time shares for resale excluded. This section does not apply to a campground contract or campground member if s. 707.525 (1) and (2) applies to the campground member.

AB845, s. 5 Section 5. 707.525 of the statutes is created to read:

AB845,3,3 707.525 Prohibition against collecting dues. A campground operator may not collect, or attempt to collect, dues payments from a campground member if all of the following apply:

AB845,3,7 (1) The campground member wishes to sell his or her time-share easement in the campground and has listed the time share with the campground operator for resale or has taken other appropriate action and notified the campground operator, who may take steps to verify the information.

AB845,3,9 (2) The campground member has relinquished his or her right or privilege to use the campground and campground amenities.

AB845,3,10 (End)