ADRE LAW BOOK 2025

32-2197.23. Power of commissioner to exempt timeshare plans A. The commissioner may by special order exempt from the provisions of this article timeshare plans upon written petition and upon a showing by the petitioner, satisfactory to the commission er, that compliance with the provisions of this article is not essential to the public interest or for the protection of purchasers by reason of the special characteristics of the timeshare plan. B. Special orders issued pursuant to this section shall relate to specific timeshare plans. C. A petition filed under this section shall be accompanied by an initial fee of three hundred dol lars. A fee is not returnable irrespective of the nature of the action upon the petition. 32-2197.24. Applicability of article A. This article applies to all of the following: 1. A timeshare property located in this state. 2. Timeshare plans with an accommodation or component site in this state if those time share plans are sold or offered to be sold to any individual located in this state. 3. Timeshare plans without an accommodation or component site in this state if the time share plans are sold or offered to be sold to any individual located in this state. B. This article does not apply to the following: 1. An exchange program except as provided in subsection C. 2. Timeshare plans consisting of fewer than twelve timeshare interests whether or not an accommodation is located in this state. 3. Timeshare plans the use of which extends over any period of less than three years. 4. Timeshare plans, whether or not an accommodation is located in this state, under which the prospective purchaser’s total financial obligation will be less than one thousand five hundred dollars during the entire term of the timeshare plan. C. A method, arrangement or procedure that meets the definition of an exchange program pursu ant to section 32-2197 shall be regulated as a timeshare plan in accordance with this article if the purchaser’s total contractual financial obligation exceeds three thousand dollars for any individual, recurring timeshare period.

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