I understand that SB 100 has several exemptions for “timeshare” communities. How do I know if my community is considered a “timeshare” and is exempted from these provisions?

A timeshare is a type of real property ownership, often used by people to acquire vacation property in resort areas like Vail and Aspen.  Both the Condominium Ownership Act (“COA”) and the Colorado Common Interest Ownership Act (“CCIOA”) govern the development and operation of timeshares within the state. COA provides for two types of timeshares – “interval estate” and “time-span estate.  An interval estate is marked by the passing of a unit’s actual title from one owner to the next on a regular fixed schedule.  The owner having title enjoys exclusive rights to the unit. In contrast, owners of a time-span estate always share title to the unit but alternate the right of exclusive possession and occupancy of the unit.  Therefore, if your ownership of your unit is not marked by circulating periods of ownership and right to possession and occupancy, it is not a timeshare and is not exempted from SB 100.

Community Essentials - September 2005