California Codes, Business and Professions Code - BPC, Division 4 — Real Estate, Part 2 — Regulation of Transactions, Chapter 2 — The Vacation Ownership and Time-Share Act of 2004, Article 1 — General Provisions, Section 11215

(a) The time-share instrument shall prohibit a person from seeking or obtaining, through any legal procedures, judicial partition of the time-share interest or sale of the time-share interest, in lieu of partition and shall subordinate all rights that a time-share interest owner might otherwise have as a tenant-in-common in real property to the terms of the time-share instrument.

(b) Subdivision
(a) shall not be deemed to prohibit a sale of an accommodation upon termination of the time-share plan or the removal of an accommodation from the time-share plan in accordance with applicable provisions of the time-share instrument.

Notes

Prohibits a time-share instrument from allowing an owner to seek or obtain judicial partition of a time-share interest, or a sale in lieu of partition, and requires tenant-in-common rights to be subordinated to the instrument. The prohibition does not prevent sale of an accommodation when the time-share plan terminates or when the accommodation is removed in accordance with the instrument.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 11215 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-2/chapter-2/article-1/section-11215

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