2014 Indiana Code TITLE 32. PROPERTY ARTICLE 32. TIME SHARES AND CAMPING CLUBS CHAPTER 2. DEFINITIONS
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IC 32-32-2
Chapter 2. Definitions
IC 32-32-2-1
Applicability of definitions
Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-2
"Camping club" defined
Sec. 2. "Camping club" means any enterprise, other than one that
is tax exempt under Section 501 of the Internal Revenue Code, that
has as its primary purpose camping or outdoor recreation that
involves or will involve camping sites.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-3
"Camping club member" defined
Sec. 3. "Camping club member" means any person, other than the
developer or lender, who purchases a camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-4
"Camping club membership" defined
Sec. 4. (a) "Camping club membership" means an agreement
evidencing a purchaser's title to, interest in, or right or license to use
for more than thirty (30) days the camping or outdoor recreation
facilities of a camping club.
(b) The term does not include an agreement of a camping or
outdoor recreation facility that expires within three hundred sixty-five
(365) days after the execution date of the agreement.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-5
"Camping site" defined
Sec. 5. "Camping site" means a space that:
(1) is designed and promoted for the purpose of locating a
trailer, tent, tent trailer, pickup camper, or other similar device
used for land based portable housing; and
(2) is the subject of a camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-6
"Developer" defined
Sec. 6. "Developer" means any person who engages in the
business of creating or selling its own time shares or camping club
memberships.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-7
"Director" defined
Sec. 7. "Director" refers to the director of the division appointed
under IC 4-6-9-2.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-8
"Division" defined
Sec. 8. "Division" refers to the consumer protection division of the
office of the attorney general created by IC 4-6-9-1.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-9
"Exchange company" defined
Sec. 9. "Exchange company" means any person owning or
operating an exchange program.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-10
"Exchange program" defined
Sec. 10. (a) "Exchange program" means any arrangement allowing
owners to exchange occupancy rights with persons owning other time
shares or camping club memberships.
(b) The term does not include an arrangement in which all of the
occupancy rights that may be exchanged are in the same time share
property or camping site.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-11
"Offer" defined
Sec. 11. "Offer" means any advertised inducement, solicitation, or
attempt to encourage any person to acquire a time share or camping
club membership other than as security for an obligation.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-12
"Participant" defined
Sec. 12. "Participant" means any person who, by means of a
verbal or written purchase, exchange, or leasing agreement, acquires
a right to occupy a time share unit from a developer, purchaser,
exchange company, rental or management company, or any other
person or organization.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-13
"Person" defined
Sec. 13. "Person" means a natural person, a corporation, a
government, a governmental subdivision or agency, a business trust,
an estate, a trust, a partnership, an association, a joint venture, or
another legal or commercial entity.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-14
"Project" defined
Sec. 14. "Project" means the real property, which must contain
more than one (1) unit, in which time shares or camping sites are
created by a single instrument or set of instruments.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-15
"Project manager" defined
Sec. 15. "Project manager" means any person:
(1) who coordinates the sale of time shares or camping club
memberships; and
(2) to whom sales agents and representatives are responsible.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-16
"Purchaser" defined
Sec. 16. "Purchaser" means any person, other than the developer
or lender, who purchases a time share or camping club membership.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-17
"Representative" defined
Sec. 17. (a) "Representative" means a person who is not a seller
and who, on behalf of a developer, induces other persons to attend a
sales presentation.
(b) The term does not include a person who only performs clerical
tasks, arranges appointments set up by others, or prepares or
distributes promotional materials.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-18
"Seller" defined
Sec. 18. "Seller" means a developer or any other person or agent
or employee of a developer who offers time shares or camping club
memberships to the public.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-19
"Substantially completed" defined
Sec. 19. "Substantially completed" means that:
(1) all roadways, utilities, amenities, furnishings, appliances,
structural components, and mechanical systems of buildings and
premises are completed and provided as represented in the time
share instrument or agreement or camping club membership
agreement; and
(2) the premises are ready for occupancy and the proper
governmental authority has caused to be issued a certificate of
occupancy, if a certificate of occupancy is required.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-20
"Time share" defined
Sec. 20. "Time share" means the right to use and occupy a unit on
a periodic basis according to an arrangement allocating this right
among various time share participants.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-21
"Time share instrument" defined
Sec. 21. "Time share instrument" means any document creating or
regulating time shares, excluding any law, ordinance, or
governmental regulation.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-22
"Time share participant" defined
Sec. 22. "Time share participant" has the meaning set forth in
section 12 of this chapter.
As added by P.L.2-2002, SEC.17.
IC 32-32-2-23
"Unit" defined
Sec. 23. "Unit" means each portion of a time share project or each
camping site that is designated for separate use.
As added by P.L.2-2002, SEC.17.
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