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.
[Pre-2002 Recodification Citation: 24-5-9-1.]
As added by P.L.2-2002, SEC.17.
Sec. 3. "Camping club member" means any person, other than the developer or lender, who purchases a camping club membership.
[Pre-2002 Recodification Citation: 24-5-9-2.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-3.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-4.]
As added by P.L.2-2002, SEC.17.
Sec. 6. "Developer" means any person who engages in the business of creating or selling its own time shares or camping club memberships.
[Pre-2002 Recodification Citation: 24-5-9-5.]
As added by P.L.2-2002, SEC.17.
Sec. 7. "Director" refers to the director of the division appointed under IC 4-6-9-2.
[Pre-2002 Recodification Citation: 24-5-9-6.]
As added by P.L.2-2002, SEC.17.
Sec. 8. "Division" refers to the consumer protection division of the office of the attorney general created by IC 4-6-9-1.
[Pre-2002 Recodification Citation: 24-5-9-7.]
As added by P.L.2-2002, SEC.17.
Sec. 9. "Exchange company" means any person owning or operating an exchange program.
[Pre-2002 Recodification Citation: 24-5-9-8.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-9.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-10.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-19 part.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-11.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-12.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-13.]
As added by P.L.2-2002, SEC.17.
Sec. 16. "Purchaser" means any person, other than the developer or lender, who purchases a time share or camping club membership.
[Pre-2002 Recodification Citation: 24-5-9-14.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-15.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-16.]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-29(b).]
As added by P.L.2-2002, SEC.17.
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.
[Pre-2002 Recodification Citation: 24-5-9-17.]
As added by P.L.2-2002, SEC.17.
Sec. 21. "Time share instrument" means any document creating or regulating time shares, excluding any law, ordinance, or governmental regulation.
[Pre-2002 Recodification Citation: 24-5-9-18.]
As added by P.L.2-2002, SEC.17.
Sec. 22. "Time share participant" has the meaning set forth in section 12 of this chapter.
[Pre-2002 Recodification Citation: 24-5-9-19 part.]
As added by P.L.2-2002, SEC.17.
Sec. 23. "Unit" means each portion of a time share project or each camping site that is designated for separate use.
[Pre-2002 Recodification Citation: 24-5-9-20.]
As added by P.L.2-2002, SEC.17.