407.600. Definitions.

Definitions.

407.600. As used in sections 407.600 to 407.630, thefollowing terms shall mean:

(1) "Accommodations", any apartment, condominium orcooperative unit, cabin, lodge, hotel or motel room, or any otherprivate or commercial structure which is situated on realproperty and designed for occupancy by one or more individuals,which is made available to the purchasers of a time-share plan;

(2) "Enrolled", paid membership in an exchange program ormembership in an exchange program evidenced by written acceptanceor confirmation of membership;

(3) "Exchange company", the person operating an exchangeprogram;

(4) "Exchange program", any opportunity or procedure for theassignment or exchange of time-share periods among purchasers inthe same or other time-share plans;

(5) "Facilities", any structure, service, improvement,campground, recreational vehicle park or real property, improvedor unimproved, which is made available to the purchasers of atime-share plan;

(6) "Person", any natural person or his legalrepresentative, partnership, domestic or foreign corporation,company, trust, business entity or association, and any agent,employee, salesman, partner, officer, director, member,stockholder, associate, trustee or cestui que trust thereof;

(7) "Promotion", any advertisement, whether by mail, radio,television or personal sales, in which a time-share property isoffered for sale by use of a sweepstakes;

(8) "Sweepstakes", a method of promoting the sale oftime-share plans which involves the offering, giving, or awardingof prizes which have odds associated with the actual delivery ofthe prize or gift;

(9) "Time-share periods", all periods of time when apurchaser of a time-share plan is entitled to the possession anduse of the accommodations or facilities, or both, of a time-shareplan regardless of whether such periods are designated as one ormore specific days, weeks or months;

(10) "Time-share developments", a single specific parcel ofreal property from which only time-share plans are offered forsale or sold;

(11) "Time-share plan", any arrangement, plan, scheme orsimilar device, other than an exchange program, whether bymembership, agreement, tenancy in common, sale, lease, deed,rental agreement, license, right-to-use agreement or any othermeans, whereby a purchaser, in exchange for a consideration,receives one or more time-share periods, or any type of intervalor joint ownership in, or a right-to-use, any accommodation orfacility for a period of time which is less than a fullcontinuous and uninterrupted year during any given year, andwhich extends for a period of more than three years, as to eachindividual time-share development subject to the purchase;

(12) "Time-share unit", an accommodation or facility of atime-share plan which is divided into time-share periods, or isotherwise subject to interval or joint ownership or use by thepurchaser of the time-share plans;

(13) "Prize/gift", any merchandise offered in any time-sharepromotional device, sweepstakes, drawing or display booth whichis used to induce or encourage the attendance of any time-sharesales solicitation or presentation.

(L. 1985 H.B. 96, et al., A.L. 1988 H.B. 988)