(770 ILCS 103/3)
Sec. 3. Definitions. As used in this Act: "Accommodation" means any apartment, condominium or cooperative unit,
cabin, lodge, hotel or motel room, or other private or commercial structure
containing
toilet facilities therein that is designed and available, pursuant to
applicable law, for use
and occupancy as a residence by one or more individuals, or any unit or berth
on a
commercial cruise line ship, which is included in the offering of a timeshare
plan.
"Assessment" means the share of funds required for the payment of common
expenses which is assessed from time to time against each purchaser by the
managing
entity.
"Developer" means and includes any person or entity, other than a sales
agent,
acquisition agent, or resale agent, who creates a timeshare plan or is in the
business of
selling timeshare interests, or employs agents to do the same, or any person or
entity who
succeeds to the interest of a developer by sale, lease, assignment, mortgage,
or other
transfer, but the term includes only those persons who offer timeshare
interests for
disposition in the ordinary course of business.
"Managing entity" means the person who undertakes the duties,
responsibilities,
and obligations of the management of a timeshare plan.
"Managing entity lien" means a lien created pursuant to Section 5.
"Purchaser" means any person, other than a developer, who by means of a
voluntary transfer acquires a legal or equitable interest in a timeshare plan
other than as
security for an obligation.
"Timeshare instrument" means one or more documents, by whatever name
denominated, creating or governing the operation of a timeshare plan.
"Timeshare interest" means and includes either:
(1) a "timeshare estate", which is the right to |
| occupy a timeshare property, coupled with a freehold estate or an estate for years with a future interest in a timeshare property or a specified portion thereof; or
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(2) a "timeshare use", which is the right to occupy
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| a timeshare property, which right is neither coupled with a freehold interest, nor coupled with an estate for years with a future interest, in a timeshare property.
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"Timeshare plan" means any arrangement, plan, scheme, or similar device,
other
than an exchange program, whether by membership agreement, sale, lease, deed,
license,
or right-to-use agreement or by any other means, whereby a purchaser, in
exchange for
consideration, receives ownership rights in or the right to use accommodations
for a
period of time less than a full year during any given year, but not necessarily
for
consecutive years. A timeshare plan may be:
(1) a "single-site timeshare plan", which is the
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| right to use accommodations at a single timeshare property; or
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(2) a "multi-site timeshare plan", which includes:
(A) a "specific timeshare interest", which is the
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| right to use accommodations at a specific timeshare property, together with use rights in accommodations at one or more other component sites created by or acquired through the timeshare plan's reservation system; or
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(B) a "non-specific timeshare interest", which is
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| the right to use accommodations at more than one component site created by or acquired through the timeshare plan's reservation system, but including no specific right to use any particular accommodations.
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"Timeshare property" means one or more accommodations subject to the same
timeshare instrument, together with any other property or rights to property
appurtenant
to those accommodations.
(Source: P.A. 100-1038, eff. 1-1-19 .)
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