West Virginia Amends Timeshare Law

2013-05-01

Issue Brief

The West Virginia State Auditor's Office supported amendments to the state's Real Estate Time-Sharing Act to clarify that all timeshare plans are subject to regulation.  The bill, HB 2842, also allows the Office to seek additional relief in the circuit courts.  The change was prompted by increased fraudulent resale activity in the state.

Impact

HB 2842 clarifies that Section 36-9-23 of the timeshare law allows the division of land sales and condominiums in the Auditor's Office to enforce and ensure compliance with the law.  The change was prompted by an unusual number of complaint referrals from the Attorney General about a year ago.  Most of the complaints dealt with timeshare resale issues.

Position/Call to Action

ARDA and ARDA-ROC supported HB 2842 and they have referred the Auditor's Office to www.arda-roc.org for additional information on resale issues.  A spokesperson for the Auditor's Office indicated that, until a year ago, they had rarely received any complaints about timesharing. The bill was introduced on March 6.

Issue Updates

HB 2842 was signed into law by the Governor on May 1 and took effect 90 later.  The bill moved rapidly through both houses of the Legislature, taking only slightly more than a month from introduction to passage.  

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