LAWS OF ANTIGUA AND BAlU3UDA

Timesharing (Licensing and Contral) (CAP. 427 1

CHAPTER 427

THE TIMESHARING (LICENSING AND
CONTROL) ACT

Arrangement of Sections
section

1. Short title.
2. Interpretation.
3. Licences for timesharing scheme.
4. Restriction on the grant of licences.
5. Transfer of licence on divestment of licensee's interest

or on his death.
6. Capacity of purchaser to acquire, dispose of etc. his

right to use facilities of timesharing scheme.
7. Variation of terms of licence.
8. Endorsement of transfer or variation on licence.
9. Ins~ection of facilities of scheme.

10. Conditions for grant or transfer of licence.
11. Fee for grant or transfer of licence.
12. Types of licences and duration.
13. Form of and matters to be specified in licence.
14. Power of Minister to suspend and vary licence.
15. Surrender of revoked or suspended licence.
16. Power of Magistrate to issuewarrant to enter premises.
17. Powers of entry and inspection.
18. Registration of purchaser's right to occupy and use

facilities of timesharing scheme.
19. Effect of registration of purchaser's right.
20. Refund of registration fee.
21. Regulations.
22. Information to be supplied to Minister.
23. Financial ability of applicant for licence under s. 3(1).
24. Managing agent to provide insurance.
25. Escrow Fund.
26. Sinking Fund.
27. Trust Fund.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 427) Timesharing (Licensing and Control)

28. Further provisions for disbursements from sinking
fund and trust fund.

29. Inspection of scheme.
30. Suspension of managing agent's licence.
31. ~ d w e r of Minister to grant exemption.
32. Timesharing Appeal Tribunal.
33. Appeal to Tribunal.
34. Procedure on hearing of appeals.
35. Appeals to the High Court
36. Penalty for irregular operatio11 of scheme.
3'1. Penalty for obstructing officers in performance of their

duties.
38. Penalty for false statements.
39. Occupancy licences.
40. Power of Minister to appoint interim managing agent.
41. Saving of certain other Acts and provisions of this Act

to prevail over Cap. 353.
42. Transitional.

SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Timesharing (Licensing and Control) (CAP. 427 3

TIMESHARING (LICENSING AND
CONTROL)

An Act to make provision for the licensing and control
of the development marketing and management of certain
types of property under the concept of timesharing and for
matters connected therewith and incidental thereto.

(29th March, 1984.) 12/1983.
7/1984.

1. This Act may be cited as the Timesharing Shorttitle.
(Licensing and Control) Act.

2. In this Act- Interpretation.

"Chief Fire Officer" means the Chief Fire Officer of
the City of St. John's Fire Brigade;

"Department" means the Department of Tourism;

' L developing owner" means in the case of any given real
property a person licensed as a developing owner
under this Act who holds an estate in fee simple or
a leasehold estate for a term of twenty-five years or
more in the real property and who is in the busi-
ness of creating and selling his own timesharing
intervals in a timesharing scheme but does not
include a development contractor or a marketing
agent;

"development contractor" means a person appointed by
a developing owner to undertake on his behalf the
duties, responsibilities and obligations of the con-
struction and equipping, or the supervision of the
construction or equipping, of a timesharing scheme
on real property for which the developing owner is
duly licensed under this Act;

"Director-General" means the Director-General of
Tourism or the Permanent Secretary in the
Ministry responsible for administering the subject
matter of this Act;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 427) Timesharing (Licensing and Control)

"licence" means a licence granted under this Act to
develop, market or manage a timesharing scheme,
as the case may be;

:'licenseen means a person to whom a licence has been
granted under section 3;

"managing agent" means a person licensed as a manag-
ing agent under this Act and appointed by the
developing owner who undertakes the duties,
responsibilities and obligations of the management
of a timesharing scheme;

"marketing agent" means a person licensed as a market-
ing agent under this Act and appointed by the
developing owner who undertakes the duties,
responsibilities and obligations of the marketing
and sale of a timesharing scheme;

"Minister" means the Minister responsible for Tourism;

"occupancy licence" means a licence granted by the
Minister under section 37;

"purchaser" means a person who has given valuable
consideration in exchange for the right to occupy
and use the facilities of a timesharing scheme;

"specified terms" means the conditions specified in a
licence;

" - t~mesharing interval" means a period of occupation
and use of the facilities of a timesharing scheme;

"timesharing scheme" means any premises or complex
of premises (whether contiguous to each other or
not) and the grounds appurtenant thereto operated
as a single business venture for the accommodation
of purchasers and let for occupancy in exchange
for a consideration given in advance by a purchaser
who receives in return a right to occupy and use
the facilities of the scheme for a specified period of
not more than six months during any given year;

LAWS OF ANTIGUA AND BARBUDA

Timesharing (Licensing and Control) (CAP. 427

"Town and Country Planner" has the meaning assigned
to that expression by section 2 of the Land
Development and Control Act; Cap. 235.

"Tribunal" means the Timesharing Appeal Tribunal
established under section 32;

"unit" means that part of the facilities of a timesharing
scheme designated for the exclusive use and occu-
pation of a purchaser.

3. (1) A person shall not construct a new building or Licencesfor time-
sharing scheme.

effect any improvement, repairs, alteration or change of use
of an existing building for the purposes of such building
being used in the operation of a timesharing scheme except
under and in accordance with the terms of a developing
owner's licence granted for that purpose by the Minister.

(2) Where a developing owner's licence has been
granted in accordance with subsection ( I ) , the person so
licensed may appoint a development contractor to perform
on his behalf functions in relation to the timesharing
scheme under and in accordance with the terms of that
licence.

(3) A person shall not engage in the marketing or in
the management of a timesharing scheme except under
and in accordance with the terms of a licence granted for
the purpose by the Minister.

(4) An application to the Minister for the grant or
transfer of a licence may be made by or on behalf of the pro-
posed licensee or the proposed transferee, as the case may
be.

(5) The Minister may grant a licence under this sec-
tion subject to such terms and conditions as may be speci-
fied therein.

4. (1) The Minister shall not grant a licence for the Restriction on the
gant of licences.

operation of a timesharing scheme unless the applicant sat-
isfies the Minister that the purchasers of the facilities of the
timesharing scheme will have a right to occupy and use

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 427) Timesharing (Licensing and Control)

those facilities for certain specified periods not in excess of
six months of every year over a period of years not exceed-
ing twenty-five.

(2) The Minister shall not grant a licence for the oper-
ation of a timesharing scheme whereby any legal or equit-
able estate or tenancy may be conferred upon the
purchasers of rights to occupy and use the facilities of the
scheme.

(3) The Minister shall not grant a licence for the oper-
ation of a timesharing scheme until the contract to be exe-
cuted by the purchasers of the rights to occupy and use the
facilities of the scheme has been submitted to and approved
by the Minister; and no material variation thereof shall be
made without the written approval of the Minister.

Transfer of
licence on

5. (1) Where a licensee divests himself of his interest
divestmentof in any real property under a timesharing scheme or dies,

* A ,

interest the ~ i n i s t e r may, upon the application in-that behalf made
or on his death.

by any person claiming the right to succeed to such
licensee, transfer the licence to that person subject to such
terms and conditions as the Minister may think fit to
impose.

(2) Before transferring any licence under subsection
( I ) , the Minister shall, where practicable, give to the
licensee or to his estate representatives a reasonable oppor-
tunity to make any representations that they may wish to . -
make in relation to anv such awwlication. and'shall.take into

I I

account any representations so made by them or on their
behalf.

Capacity of
purchaser to

6. A purchaser may take, acquire, hold, lease, assign
acs;re, dispose and dispose of his right to occupy and use the facilities of a
ofetc.hisrightto timesharing scheme, in the same manner in all respects as
use facilities of
timesharing personal property and the title of a purchaser to the right to
scheme. occupy and use the facilities of a timesharing scheme may

be derived through, from or in succession to, another pur-
chaser in the same manner in all respects as personal prop-
erty enforceable by action.

Variationof terms 7. The Minister may, at any time upon an application
of licence.

by a licensee, or of his own motion, vary any of the terms of

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.. 1 zmesharing (Licensing and Control) (CAP. 427 7

a licence required to be specified therein (hereinafter in
this Act referred to as the "specified terms"); but the
Minister shall not of his own motion vary any of the speci-
fied terms without first giving to the licensee reasonable
notice of his intention to make such variation and shall take
into account any representations made by or on behalf of
the licensee.

8. Any transfer of a licence under section 5 or any Endorsementof
transfer or

variation of any of the specified terms of a licence under var~ationon
section 7 shall be endorsed on the licence by the Director- licence.
General together with the date when such transfer was
approved or such variation made by the Minister and the
date from which the transfer or variation is to take effect.

9. Before approving a transfer or varying any of the Inspectionof
facilities of

specified terms of a licence the Minister may defer consider-
ation of the application until the Chief Fire Officer and the
Chief Medical Officer, and the Town and Country Planner
or such one or more of them as, having regard to the nature
of the application as he may deem appropriate, have caused
the facilities of the timesharing scheme in respect of which
application is made to be inspected and have furnished to
the Minister a report of such inspection in relation to such
particulars as the Minister may speciQ.

10. The Minister shall not grant a licence nor Conditionsfor
grant or transfer

approve the transfer of a licence unless he is satisfied- I ; ~ ~ ~ ~ ~ .

(a) that the applicant and the person responsible
for the timesharing scheme (if other than the appli-
cant), the developing owner, the marketing agent and
the managing agent are financially able and fit and
proper persons to perform their respective functions
under the scheme;

(b) that the facilities of the timesharing scheme
have been inspected pursuant to section 9 and that the
scheme complies with the provisions of the Regulations
or, in the event that it fails to so comply, that an exemp-
tion may properly be granted under section 31;

(c) that the timesharing scheme makes provisiorl
for not less than ten units;

LAWS OF ANTIGUA AND BARBUDA

Fee for grant or
transfer of
licence.

Types of licences
and duration.

Form of and
matters to be
specified in
licence.

CAP. 427) Timesharing (Licensing and Control)

(d) that the applicant is authorised by law to carry
on business in Antigua and Barbuda and that it is in the
best interests of Antigua and Barbuda.

$1. Where the Minister decides to grant or approve
the transfer of a licence, before the licence is issued, there
shall be paid into the Consolidated Fund in respect of the
licence, such fee as may be prescribed.

12. (1) Licences granted under section 3 shall be of
three kinds, namely-

(i) a developing owner's licence;

(ii) a marketing agent's licence; and

(iii) a managing agent's licence.

(2) A developing owner's licence and a marketing
agent's licence shall come into force on the date specified
therein and shall remain in force until the completion of
the timesharing scheme, unless suspended or revoked.

( 3 ) A managing agent's licence shall come into force
on the date specified therein and shall remain in force until
the expiration of one year from that date or such shorter
period as may be specified therein and may be renewed
from time to time.

13. A licence granted under section 3 shall be in such
form as the Minister may determine and shall specify--

(a) the name of-

(i) the developing owner and the applicant for
the licence if different from the developing
owner;

(ii) the marketing agent and the applicant for the
licence, if different from the marketing
agent;

(iii) the managing agent and the applicant for the
licence, if different from the managing agent,

as may be appropriate to the particular licence;

JAWS OF ANTIGUA AND BARBUDA

Timeshan'ng (Licensing and Control) (CAP. 427 9

(b) ~ h e name of the person who is to be responsible
for each of the three functions under paragraph ( a ) ;

(c) the premises in respect of which the licence is
granted;

(d) the maximum number of persons who may at
any one time be provided with sleeping accommoda-
tion in the timesharing scheme or in any room on the
premises;

( e ) the rooms to be reserved as public rooms for
the general use of guests or purchasers;

(f) the date upon which the licence is to come
into force;

(g) the date upon which the licence is to expire;

( h ) the date upon which the licence was granted;
and

( i ) any terms or conditions attached to the licence.

14. (1) Without prejudice to any other provisions Power o f Minister
of this Act, where the Minister is satisfied that in relation to ~ ~ ~ ~ , " ~ ~ ~ d
any timesharing scheme any provision of law or, as the
case may be, any condition of the licence, is alleged to be
contravened-

( a ) the Minister may serve upon the licensee a
notice specifying the provisiorl of law or, as the case may
be, the condition of the licence that is alleged to be con-
travened and requiring the licensee to comply or ensure
compliance therewith to the satisfaction of the Minister
within such reasonable period as the Minister may specifji
in the notice and, if at the expiry of such period the
licensee has failed to comply or ensure compliance
therewith to the satisfaction of the Minister, the Minister
may suspend or revoke the licence; or

(b) if the Minister is satisfied that such alleged toll-
travention is likely to endanger the health or saf.ty of
any of the persons in or likely to use the facilities of ~ h c
limesharing scheme, the Minister may forthwith srlspcnd
or vary the licence granted in respect thereof until such
time as he is satisfied that such contravention has ceased.

LAWS OF ANTIGUA AND BARBUDA

Surrender of
revoked or
suspended
licence.

Power of
Magistrate to
issue warrant to
enter premises.

Powers of entry
and inspection.

CAP. 427) Timesharing (Licensing and Control)

(2) The Minister may revoke a licence if he is satisfied
that the premises to which it relates has ceased to be operated
as a timesharing scheme.

15;. (1) Where a licence has been revoked or suspend-
ed under this Act the Director-General shall serve a notice
upon the licensee notifying him of the revocation or suspen-
sion, as the case may be, and calling upon him to surrender
the licence to the Director-General within seven days of the
date of the notice.

(2) A licensee who fails to cornply with a notice under
subsection (1) is guilty of an offence and is liable on summary
conviction to a fine of one thousand dollars and to imprison-
ment for a term of three months.

16. Where it has been made to appear to a Magistrate
that premises not licensed as a timesharing scheme or not
exempted from being licensed as a timesharing scheme are
being operated as such he may issue a warrant to a police offi-
cer of or above the rank of sergeant authorizing him, with or
without assistance, to enter upon and inspect the premises.

1 (1) Without prejudice to any other provision of
law but subject to subsection (2), an officer of the
Department duly authorised in that behalf, or an officer of
the Department of Health, the Development Control
Authority, St. John's Fire Brigade or a police officer of and
above the rank of sergeant may, without a warrant, enter
upon and inspect any premises licensed as a timesharing
scheme or exempted from being so licensed.

(2) Before an inspection is carried out under the
authority of subsection ( I ) , the licensee of the premises
which it is intended to inspect, or some agent or servant of
the licensee shall be given such notice of the intention to
carry out the inspection as may, in the circumstances of the
case and having regard to the objects of the inspection, be
reasonable; and the licensee or, as the case may be, his agent
or servant shall be given an opportunity to be present or have
some person selected by him to be present at the inspection.

(3) If any person authorised under the provisions of
subsection (1) has reason to believe that a contravention of

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Timesharing (Licensing and (;onlrol) (CAP. 427 1 1

any provision of law is being committed in premises licensed
under a timesharing scheme and that the contravention is of
such a nature that there is a likelihood of danger therefrom
to the safety or health of persons therein if such contravention
is not promptly remedied, then that person may give such
directions to the person for the time being in charge of the
premises as will, in his opinion, prevent or minimize such
danger, and may require such persons or classes of persons as
he may specify to vacate the premises or such part of the
premises as he may specify until such danger is in his opinion
prevented or minimized and may, if such directions or
requirements are not carried out, call to his assistance such
persons as he may think fit for the purpose of enforcing com-
pliance therewith or carrying out such works of an emergency
nature as he may think necessary.

(4) Any person giving directions or making require-
ments under the authority of subsection (3) shall forthwith
report the action he has taken to the Director-General.

( 5 ) In this section "licensee" means the developing
owner or the managing agent.

18. (1) Within forty days of the execution of a con- Resistrationof
purchaser's right

tract by a purchaser entitling the purchaser to occupy and use to occupy and use
the facilities of a timesharing scheme, a managing agent shall facilitiesof time-

sharing scheme.
apply to the Registrar to register the right of the purchaser.

(2) On application under subsection ( I ) , the Registrar
shall, upon being satisfied that-

( a ) the purchaser is entitled to be registered in
respect of the right;

(b) the timesharing occupancy tax payable under
the Timesharing Tax Act has been paid, Cap. 428.

enter, upon payment of such fee as may be prescribed, such
particulars as may be prescribed in a register to be main-
tained by him to be called the Register of Timesharing
Intervals (in this section referred to as "the Register").

(3) The Register shall be opened to inspection by ally
member of the public at all reasonable times upon payment
of such fee as may be prescribed.

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I I' CAP. 427) IIFmeshnm'ng (Licensing and Control)

(4) The Registrar shall, on the application of a purchas-
er or of a managing agent, make any necessary alterations to
the Register in the particulars or otherwise relating to regis-
tered purchasers.

(5) A managing agent who contravenes the provisions
of subsection (1) is guilty of an offence and is liable on sum-
mary conviction to a fine of ten thousand dollars and to
imprisonment for a term of one year.

Effect of
registration o f

19. (1) O n the registration of any person under sec-
purchaser'sright. tion 18 as the purchaser of the right to occupy and use the

facilities of a timesharing scheme, a charge shall be created on
the premises of the timesharing scheme and all estates and
interests therein in favour of the purchaser to the extent and
for the duration of the purchaser's interest in the scheme.

(2) A charge upon the premises of a timesharing
scheme arising under subsection (1) shall prevail against any
purchaser of the premises in good faith for value without
actual notice of such charge.

Refund of
registration fee. 20. The Minister of Finance may direct the repayment

to the managing agent of any fee previously paid to the
Registrar in respect of the registration under section 18 of the
right of a purchaser where it is proved to the satisfaction of
the Minister that-

(a) the contract for the sale of the timesharing
interval to which the fee relates was, by mutual agree-
ment of the parties thereto, cancelled before the pur-
chaser first exercises his right;

( b ) the managing agent has refunded to the pur-
chaser an amount equal to the fee paid by him to the
Registrar in respect of the registration of the right of the
purchaser.

Regulations. 21. (1) The Minister rnay make Regulations for the
purpose of carrying the provisions of this Act into effect, and
in particular, but without prejudice to the foregoing for-

(a) goveriling the development, marketing and
management of timesharing schemes in such a manner
as to be likely to enhance the growth of tourism through

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Timesharing (Licensing and Control) (CAP. 427 13

the creation of safe, hygienic and sanitary facilities which
are equal to the generally accepted standards of hotels
under the supervision of the Department;

(6) regulating the number of persons who may be
accommodated in the facilities of a timesharing scheme
and in any room thereof;

(c) prescribing standards of equipment for the san-
itation of timesharing schemes in such a manner the
preparation and serving of food and drink in such
schemes and standards for ventilation;

(d) the medical examination of employees of
licensees so as to restrict and control the employment in
timesharing schemes of persons suffering from disease
or infection or who have been in contact with persons
suffering from disease or infection and for prescribing
standards of personal cleanliness to be observed by
employees of licensees;

(e) prescribing standards for the maintenance of
the exteriors and interiors of timesharing schemes and
the roads, pathways and grounds thereof;

( f ) prescribing the precautions to be taken against
the outbreak or spread of fire in timesharing schemes
and for the protection therefrom;

(g) prescribing the furnishing and fixtures to be
provided in bedrooms and other rooms provided for the
use of purchasers and the standards to be maintained in
connection therewith;

( h ) prescribing the manner in which any applica-
tion may be made to the Minister;

( i ) keeping of registers and log-books by licensees
in relation to the operation of timesharing schemes;

01 the making of reports to the Minister, the
Department of Health, the Development Control
Authority and the Chief Fire Officer upon any matters
connected with the observance of the Regulations;

(k) requiring that the licence, the Regulations, or
any part or extract from either, shall be displayed in any
prescribed place;

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14 CAP. 427) Timesharing (Licensing and Control)

(1) providing for the proof of any matter in pro-
ceedings under the provisions of this Act or the
Regulations;

(m) regulating the volume of inventory from each
timesharing scheme coming on to the market for sale at
any given time;

(n) identifying and investigating the sources of
timesharing schemes;

( 0 ) regulating generally the functions and the
operations of marketing agents authorized to advertise,
promote and sell timesharing schemes;

( p ) prescribing the financial requirements to be
fulfilled by an applicant for a licence under section 3 (1)
before such licence may be granted;

(q) requiring the developing owner, where the
Minister, after consultation with the Minister of Public
Works, considers it necessary to furnish the Minister
with a bond executed by one or more sufficient sureties
in such amount, for such period and in such terms as
the Minister may prescribe to cover latent and other
defects and repairs likely to be necessary as a result of
materials used in the construction of the roof or compo-
nents of the premises of the timesharing scheme;

(r) prescribing levels of services including maid
services and cleaning services to be maintained in the
operation of timesharing schemes;

(s) prescribing any fee that is required to be pre-
scribed.

(2) Regulations under this section shall be subject to
negative resolution of the House.

Information to be 22. ( 1 ) Every developing owner, marketing agent or
supplied to
Minister. managing agent of a timesharing scheme shall, whenever

required to do so by the Minister, satisfy the Minister that the
scheme in relation to which he has been granted a licence

Schedule. has made provision for the matters set out in the Schedule.

(2) Any failure of a developing owner, marketing agent
or managing agent of a timesharing scheme to satisfy the

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Timesharing (Licensing and Control) (CAP. 427 15

Minister with respect to any of the matters set out in chc
Schedule shall be deemed to be a breach of the condition of
the licence and the Minister may, subject to subsection (3),
suspend or revoke the licence.

(3) Before suspending or revoking the licence the
Minister may serve upon the licensee a notice specifying the
alleged contravention and requiring the licensee to comply
or ensure compliance therewith to the satisfaction of the
Minister within such reasonable period as the Minister may
specify in the notice and, if at the expiry of such period the
licensee fails to comply or ensure compliance to the satisfac-
tion of the Minister, the Minister may suspend or revoke the
licence.

(4) Where the Minister suspends a licence he shall serve
on the licensee a notice of the suspension and the licence
shall, during the period of any suspension be of no effect.

23. An applicant for a licence to develop a timeshar- :;;::;?*
ing scheme shall, before a licence may be granted, satisfy the foracence under
Minister of his financial ability to complete the development S.3(1).
required for the scheme whether such development consists
of the construction of a new building with all the require-
ments necessary for the proper operation of the scheme or
the conversion of an existing building into one satisfymg
those requirements.

24. (1) A managing agent shall provide or cause to be ~ ~ ~ i g , " ~ ; ~
provided for the purchaser public liability insurance in
respect of the accommodation and facilities to be used under
the timesharing scheme and such insurance shall be an
amount approved by the Minister.

(2) A managing agent shall keep all the property of the
timesharing scheme of an insurable nature insured in an
amount approved by the Minister against loss or damage by
such risks as the Minister may from time to time specify.

(3) A managing agent who contravenes any of the provi-
sions of this section is guilty of an offence and is liable on
summary conviction to a fine of ten thousand dollars and to
imprisonment for a term of two years.

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CAP. 427) 7i'me,sharing (Licensing and Control)

Escrow Fund. 25. (1) A developing owner shall, forthwith on the
commencement of a timesharing scheme to which his licence
relates, establish and maintain with a financial irlstitutiorl
doing bausirless in Antigua and Barbuda and approved by the
Minister of Finance (in this section called "the escrow
agent") an escrow fund into which the proceeds of all sales
of timesharing intervals shall be paid immediately upon
receipt thereof and there kept until disbursed in accor-
dance with the provisions of this section.

(2) Disbursement from the escrow fund shall be made
by the escrow agent, with the approval of the Minister and
the Minister of Finance-

(a) to the purchaser, on the rescission of his con-
tract within the rescission period allowed therein, the
full amount paid by the purchaser for the timesharing
interval;

(6) to the marketing agent, pursuant to a contract
in writing between the developing owner and the
marketing agent and upon the expiration of the rescis-
sion period of a purchaser's contract, up to an amount
not exceeding forty-five per centurn of the gross amount
realized from the sale of the timesharing interval of that
purchaser for the purpose of paying the costs of mar-
keting the timesharing scheme; or

( 6 ) to the developing owner, where he is also the
marketing agent, upon the expiration of the rescission
period of a purchaser's contract, up to an amount not
exceeding forty-five per centurn of the gross amount real-
ized from the sale of the timesharing interval of the
purchaser for the purpose of paying the costs of mar-
keting the timesharing scheme;

(d) to the developing owner, upon the expiration
of the rescission period of a purchaser's contract, five
per centurn of the gross amount realized from the sale
of the timesharing interval of that purchaser; and the
developing owner shall pay the same into the sinking
fund established under section 26.

(3) The escrow agent shall, after making the disburse-
ments authorized under subsectiori (2), transfer to the trust

LAWS OF ANTIGUA AND BARBUDA

Timeshan'ng (Licensing and Control) (CAP. 427 17

f ~ ~ i ~ d established under section 27 the balance of the
amount in the escrow fund.

(4) The terms and conditions of any agreement
entered into between the escrow agent and the developing
owner in relation to the escrow fund shall be subject to the
written approval of the Minister and the Minister of
Finance.

( 5 ) A developing owner who contravenes the provi-
sions of subsection ( 1 ) or ( 2 ) ( d ) or an escrow agent who
contravenes the provisions of subsection (2) is guilty of an
offence and is liable on summary conviction to a fine of five
thousand dollars and imprisonment for a term of one year.

26. ( 1 ) A developing owner shall establish and Si&ngFund.
maintain a sinking fund with a financial institution doing
business in Antigua and Barbuda and approved by the
Minister of Finance into which fund shall be paid any
amount disbursed from the escrow fund under section
25(2) (dl .

(2) The sum paid to the sinking fund shall be applied
in payment for repairs, alterations or omissioiis and any cor-
rections necessary to the premises of the timesharing
scheme due to latent defects.

(3) Any sum paid to the sinking fund shall, unless
applied in payment of the purposes for which the sinking
fund is established, be repaid with the approval of the
Minister and the Minister of Finance to the developing
owner five years after the completion of the final unit of the
timesharing scheme.

(4) A developing owner who contravenes the provi-
sions of subsection (1) is guilty of an offence and is liable on
summary conviction to a fine not exceeding five thousand
dollars to imprisonment for a term not exceeding one year
or to both.

27. ( 1 ) A developing owner shall establish and TwtFund.
maintain with a financial institution doing busii~ess in
Antigua and Barbuda approved by the Minister of Finance

LAWS OF ANTIGUA AND BARBUDA

CAP. 427) 7i'mrsharing (Lzcpnsing and Control)

(in this section called "the trustee") a trust fund into which
fund shall be paid any amount transferred from the escrow
fund under section 25(3).

( 9 ) Disbursements from the trust fund shall be made
by the trustee, with the approval of the Minister and the
Minister of Finance-

(a) to the developing owner, upon the grant of an
occupancy licence, the balance of the proceeds of sale
of the timesharing interval in relation to which the
occupancy licence has been granted;

(6) to a purchaser, after a judgment obtained in
a court of law in Antigua and Barbuda for breach of
contract in connexion with the purchase of a timeshar-
ing interval, the amount of such judgment, together
with costs, if any.

(3) The terms and conditions of any agreement
entered into between the trustee and the developing owner
in relation to the trust fund shall be subject to the written
approval of the Minister and the Minister of Finance.

(4) A developing owner shall be entitled to use the
fi~rlds in the trust account as collateral security in support of
ally loan or other financial obligation incurred by him for
ally purpose directly connected with the timesharing
scheme to which those f ~ ~ n d s relate.

(5) Notwithstanding anything in this section con-
tained-

( a ) where a developing owner fails to complete
the timesharing scheme in accordance with the terms
and conditions of his licence or is adjudged a bankrupt
by a court of competent jurisdiction and the Minister
revokes his licence, the Minister may, with the concur-
rence of the Minister of Finance, and after consultation
with the Minister respo~lsible for Public Works, complete
the timesharing scheme by using the f~unds in the trust
fund and any interest accruing to the trust fund and dis-
burse such funds to the purchasers on a pro rntn basis;

(b) the Minister may, with the concurrence of the
Minister of Finance and after consultation with the

LAWS OF ANTIGUA AND BARBUDA

Timesharing (I,icentzng and on/^ 01) (CAP. 427 19

Minister responsible for Public Works, require thnt 'III?
funds in the trust fund shall remain therein for w c h
period as may be specified in writing;

( c ) the Minister may, with the concurrence of the
Minister of Finance and after consultation with the
Minister responsible for Public Works, in order to pro-
tect the interests of the purchasers or to ensure the
proper construction and maintenance of the premises
of the timesharing scheme require a developing owner
to provide such security as the Minister may think fit.

( 6 ) Any interest accruing to the trust fund shall be for
the account of the developi~lg owner.

(7) A developing owner who contravenes the provi-
sions of subsection (1) or a trustee who contravenes the pro-
visions of subsection ( 2 ) is guilty of an offence and is liable
o n summary conviction to a fine of five thousand dollars
and to imprisonment for a term of one year.

28. (1) Notwithstanding anything to the co~ltrary in Further provisions
for disbursements section 26 or 27, the Minister of Finance may direct that from sinking fund

disbursements from the sinking fund and the trust fund and trust fund.
may be made to the developing owner where it is proved to
their satisfaction that-

( a ) the contract for the sale of the timesharing
interval in respect of which the money was paid into
the sinking fund and the trust fund was, by mutual con-
sent of the parties thereto, cancelled before the pur-
chaser first exercises his right to occupy and use the
timesharing interval;

(6) the developing owner has repaid the purchas-
er the amount paid by him in respect of the sale of the
relevant timesharing interval.

( 2 ) Disbursements from the sinking fund and the trust
fund under subsection (1) shall not exceed the amount
repaid by the developing owner to the purchaser.

29. The Director-General shall make or cause to be Inspectionof scheme.
made an annual inspection of every timesharing scheme in
order to ascertain whether compliance with this Act or the

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 427) Timesharing (Licensing and Control)

Regulations is being rnade and for the purpose of investigat-
ing any representation made by a licensee relating to the
application of this Act or the Regulations to any particular
scheme.

Suspension of 30. (1) Where as a result of an inspection made
managing agent's
licence. under section 29 the Minister determines that it is in the

public interest that the licence of a managing agent should
be suspended, the Minister may suspend the licence of the
managing agent and by notice in writing require the devel-
oping owner before the date specified in the notice to
appoint subject to his approval an interim managing agent
for the orderly continuation of the timesharing scheme.

(2) If a developing owner fails to comply with the
requirements of a notice under subsection (1) before the
date specified therein, the Minister may appoint an interim
managing agent who shall continue in that office until the
Minister grants a licence to another managing agent; and all
costs incurred in connexion with the appointment of an
interim managing agent shall be payable out of the moneys
provided by the purchasers for the operation and manage-
ment of the timesharing scheme.

( 3 ) A developing owner who fails to comply with the
requirements of a notice under subsection (1) before the
date specified therein is guilty of an offence and is liable on
summary conviction to a fine of one thousand dollars for
each day during which such offence continues and to
imprisonment for a term of one year.

PowerofMiister 31. (1) The Minister may, at any time, if he thinks
to grant
exemption. fit, exempt the holder of a licence from complying, in whole

or in part, with any one or more of the Regulations.

(2) Before granting an exemption under subsection
( I ) , the Minister may consult with the Town and Country
Planner, the Chief Medical Officer and the Chief Fire
Officer or such one or more of them as, having regard to
the nature of the proposed exemption, he thinks appropriate.

(3) An exemption may be granted for such period as
the Minister thinks fit and may be extended from time to
time.

LAWS OF ANTIGUA AND BARBUDA

Timesharing (Licensing and Control) (CAP. 427 21

(4) An exemption shall not have any effect unless par-
ticulars thereof have been endorsed on the licence.

(5) An exemption may be revoked in whole or in part
at any time by the Minister and such revocation shall be
endorsed on the licence; but before effecting any such revo-
cation, the Minister shall give to the licensee reasonable
notice of his intention to revoke the exemption and shall
take into account any representations made by or on behalf
of the licensee.

32. (1) There shall be a Tribunal to be called the ~ ~ ~ h ~ . w d .
Timesharing Appeal Tribunal which shall comprise a chair-
man who shall be a barrister-at-law and two other members
selected from time to time by the chairman from a panel of
members.

(2) The chairman shall be appointed by the Governor-
General and shall hold office during the Governor-General's
pleasure.

(3) The panel of members shall consist of not less than
five and not more than nine members appointed by the
Governor-General and shall hold office during the
Governor-General's pleasure.

(4) Such fees as may be prescribed shall be paid to the
members of the Tribunal.

(5) In the exercise of his powers under this section,
the Governor-General shall act on the advice of the Prime
Minister.

33. (1) Any person aggrieved by an act, decision or Appeal Tribunal. to
order of the Minister in the exercise or purported exercise
of any power or authority conferred on him by or under this
Act or the Regulations may appeal to the Tribunal on a
point of law or mixed fact and law.

(2) On any appeal under this section, the Tribunal
may make such order, including an order for costs, as it
thinks just.

LAWS OF ANTIGUA AND BARBUDA

Procedure on
hearing of
appeals.

Appeals to the
High Court

Cap. 422A.

Penalty for
irregular
operation of
scheme.

CAP. 427) Timesharing (I,icensing and Control)

34. (1) Appeals shall be heard by the Tribunal in a
summary manner and the Tribunal shall have all the powers
of a court of summary jurisdiction in relation to the sum-
moning of witnesses and their examination on oath.

(2) In the determination of any appeal the decision of
the majority of the members shall prevail.

(3) The proceediilgs of the Tribunal when sitting to
determine any appeal shall be open to the public.

(4) The Chief Justice shall make rules governi~lg
appeals to the Tribunal and the hearing thereof and all mat-
ters incidental thereto, including the fees to be paid and the
forms to be used and, subject to any rules, the Tribunal may
regulate its own proceedings.

35. (1) Any person aggrieved by an order made by
the Tribunal on an appeal under section 32 may appeal to
the High Court on a point of law within twenty-one days or
such longer period as the High Court may allow after
receipt of notification of such order.

(2) On any appeal under this section the High Court
may make such order, including an order for costs, as it
thinks just.

(3) The provisions of section 17 of the Supreme Court
Order shall be deemed to extend to the making of rules
under that section to regulate the practice and procedure
on any appeal under the provisiolls of this section.

36. (1) Any person who develops, markets, or mail-
ages a timesharing scheme when there is not in force a
licence granted to him by the Minister to develop, market
or manage such a scheme is guilty of an offence and is liable
on summary conviction to a fine of two thousaild dollars for
each day during which the offence continues and to impris-
onment for a term of one year, and on conviction on indict-
ment to a fine of ten thousand dollars for each day during
which the offence continues and to imprisonment for a
term of one year.

LAWS OF ANTIGUA AND BARBUDA

Timesharing (Licensing and Control) (CAP. 427 23

(2) Any person to whom a licence has been granted
under this Act who operates a timesharing scheme in
respect of which that licence has been granted otherwise
than in accordance with the terms and conditions of such
licence is guilty of an offence and is liable on summary con-
viction to a fine of one thousand dollars for each day during
which such offence continues and to imprisonment for a
term of six months.

( 3 ) Any person to whom a licence has been granted
under this Act who makes any material variation in a con-
tract referred to in section 4(3) without the written approval
of the Minister is guilty of an offence and is liable on sum-
mary conviction to a fine of five thousand dollars for each
contract so varied and executed by a purchaser.

(4) Where an offence against this Act or the
Regulations is committed by a body corporate with the con-
sent or connivance of, or is attributable to any wilful neglect
on the part of any director, manager, secretary or any per-
son purporting to act in any such capacity, he as well as the
body corporate is guilty of the offence and is liable to be
proceeded against and punished accordingly.

37. Any person who obstructs any authorised officer E;&zg;
of the Department, the Department of Health, the ,ff;,,,i,
Development Control Authority or a member of the St. p erformance of

their duties.
John's Fire Brigade or a police officer of or above the rank
of sergeant in the exercise of any power conferred on him
or the performance of any duty imposed upon him by this
Act or the Regulations is guilty of an offence and is liable on
summary conviction to a fine of five hundred dollars and to
imprisonment for a term of three months.

38. (1) Any person who, in connexion with an appli- f ~ , " z E . ~ ~ ~ ~ ~
cation for a licence under this Act, makes a statement which
to his knowledge is false in any material particular is guilty
of an offence.

(2) Any person who, in the course of developing, mar-
keting or managing a timesharing scheme-

(a) makes a statement which he knows to be false;
or

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 427) Timesharing (Licensing and Control)

(6) recklessly makes a statement which is false; as
to any of the following matters, that is to say-

(i) the nature of any services, accommodation or
facilities provided in the timesharing scheme;

(ii) the time at which, manner in which or per-
sons by whom any services, accommodation
or facilities are so provided;

(iii) the location or amenities of any accommoda-
tion or facilities provided,

is guilty of an offence.

(3) For the purposes of subsection (2)-

(a) anything (whether or not a statement as to
any of the matters specified in subsection (2)) likely to
be taken for such a statement as to any of those matters
as would be false is deemed to be a false statement as to
that matter; or

(b) a statement made regardless of whether it is
true or false is deemed to be made recklessly, whether
or not the person making it has reasons for believing
that it might be false.

(4) In subsections (2) and ( 3 ) "false" means false to a
material degree.

(5) Any person guilty of an offence under this section
is liable on summary conviction to a fine of five thousand
dollars and to imprisonment for a term of one year.

(6) The Minister may, after giving the licensee an
opportunity to be heard, suspend or revoke a licence where
the licensee is convicted of an offence under this section.

Occupancy
licences.

39. Upon being satisfied that the licence, the Act
and the Regulations have been complied with and that not
less than ninety per centum of a unit in a timesharing
scheme has been completed, the Minister may grant an
occupancy licence in respect of that unit to the developing
owner.

LAWS OF ANTIGUA AND BARBUDA

Timeshan'ng (Licensing and Control) (CAP. 427 25

40. Notwithstanding anything to the contrary where- Power of Minister
to appoint interim

(a) a managing agent's licence has been sus- managing agent.
pended under this Act, except under section 30; or

(b) a mortgagee has foreclosed on any real property
in a timesharing scheme,

and there is no managing agent to manage the timesharing
scheme the Minister may appoint an interim managing
agent for a period not exceeding three years for the orderly
coiltinuation of the timesharing scheme and all expenses
incurred in connexion with the appointment of an interim
management agent shall be payable out of the monies pro-
vided by the purchasers for the operation and maintenance
of the timesharing scheme.

41. Nothing in this Act or the Regulations shall dero- s a v i q of ce&
other Acts and

gate from the provisions of the Public Health Act, the Land ofthis
Development and Control Act and the Immigration and Acttoprevail

over Cap. 353.
Passport Act or any regulations made thereunder, but in the
event of any conflict between this Act and the Public Health E;: iz::
Act (but not the others), the provisions of this Act or the cap. 208.
Regulations, as the case may be, shall, in so far as they relate
to a timesharing scheme, prevail.

42. (1) A person who, immediately before the date Transitional.
of commencement of this Act, was developing or marketing
any property for the purposes of a timesharing scheme
whether in the capacity of a developing owner, marketing
agent or otherwise may continue so to do without a licence
under this Act for the period of three months beginning
with that date and if before the expiration of that period he
applies for a licence under this Act in respect of that property,
until the licence is granted or finally refused or the applica-
tion is withdrawn.

(2) For the purposes of this Act, a "developing owner"
shall be deemed to include a person who, immediately
before the commencement of this Act, was developing any
property for the purposes of a timesharing scheme and is
permitted by virtue of subsection (1) to continue so to do
without a licence under this Act.

LAWS OF ANTIGUA AND BARBUDA

CAP. 427) Timesharing (Licensing and Control)

(3) Where a purchaser buys a timesharing interval in a
timesharing scheme-

( a ) before the commencement of this Act; o r

(b ) during the period when a person, whether in
the capacity of a developing owner or marketing agent,
is permitted by virtue of subsection (1) to market any
property for the purposes of a timesharing scheme
without a licence under this Act,

then in any such case the managing agent of the time-
sharing scheme shall, within 40 days of the grant of his
licence, apply to the Registrar to register the right of that
purchaser, and the Registrar shall upon being satisfied that
the purchaser is entitled to be registered in respect of the
right enter, upon payment of such fee as may be prescribed,
such particulars as may be prescribed in the Register of
Timesharing Intervals.

(4) Notwithstanding section 4, it shall be lawful for the
Registrar to register the right of a purchaser to occupy and
use premises for a period exceeding twenty-five years if that
right existed before the commencement of this Act.

SCHEDULE (Section YL)

Matters in reseect of ruhich m q dme101)ing oi.uner, marketing agent
or rnanc~ging c ~ g ~ n t of n timesh(~ringscheme must sotisJj thr Mini.rt~r.

Every developing owner, marketing agent or managing agent
of a timesharing scheme shall, whenever required to do so by the
Minister, satisfy the Minister that the scheme in relation to which
he has been granted a licence has made provision for the matters
set out in this schedule.

( a ) made provision for the inclusion of a non-distur-
bance clause in all debt instruments where there is recourse
against such property for the protection of all purchasers in
the timesharing scheme for the duration of their interest in
the scheme;

(b) provided for an orderly transition of the property
where the timesharing scheme involves the conversion of an

LAWS OF ANTIGUA AND BARBUDA

- -. I zmesham'ng (1,irensing and L'ontrol) (CAP. 427 2 7

existing hotel facility to a timesharing scheme. Unless specifi-
cally exempted by the Minister within the confines of a singlr
scheme where there shall be no mixed use of timesharing
schemes and regular hotel accon~modations beyond the con-
version period and the Minister may grant an exemption
only where uniqi~e physical characteristics of the property or
special financial circumstances are involved and where he
thinks the growth of tourism will be advanced;

(c) made provision for the purchasers of timesharing
intervals to have a voice in the management of timesharing
schemes through the creation of an advisory membership
structi~re or tenants' association for each timesharing
scheme, such body shall have the right to the names and
addresses of all purchasers in the scheme; the managing
agent shall cooperate with such body in all ways feasible; the
Department shall periodically review comments received
from any such body and take any suggestions into considera-
tion as part of its annual inspection under section 29;

( d ) provided the Director-General prior to their use,
with copies of all contracts and other legally binding docu-
ments being used by the parties in connexion with the time-
sharing scheme, including all rules, regulations, conditions
or limitations on and charges for use of the accommodation
or facilities as may be in force from time to time;

( P ) provided for the keeping of proper and detailed
records concerning all aspects of the development, market-
ing and management of the timesharing scheme; such
records shall include a c o ~ v of the contract for each sale

L /

under the timesharing scheme and records detailing the dis-
position of all funds realized for such sales;

(f) provided the Director-General to their use or
implementation, as the case may be, and every purchaser
prior to the execution of a contract by a purchaser, with a
copy of the contract conveying timesharing rights; fill1 infor-
mation concerning the terms and conditions of any financ-
ing offered; a detailed statement of all annual or periodic
charges and assessments that defines the basis for such
charges and assessments and the means by which all periodic
charges and assessments (if any) will be made and the
amounts thereof; and, all rules, regulations, conditions 01-
limitations on the use of the accommodation or facilities of
the scheme;

(g) afforded every purchaser a rescission period of not
less than fifteen days from the date of execution of the con-
tract by the purchaser, during which time the purchaser

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 427) Timesharing (Licensing and Control)

shall be entitled to cancel the contract without any payment
or obligation on the part of the purchaser; and the contract
shall contain on the first page in bold faced type and separate
from the other text of the contract the following words:

$ 0 ~ MAY CANCEL THIS CONTRACT WITHOUT ANY
PAYMENT OR OBLIGATION WITHIN FIFTEEN (15) DAYS
FROM THE DATE HEREOF, IF YOU DECIDE TO CANCEL,
YOU MUST NOTIFYTHE SELLER IN WRITING OF YOUR
DECISION T O DO SO.";

(h ) made satisfactory financial arrangements for the
refund of all monies received from any purchaser who
cancels his contract under the provisions of paragraph (g)
within twenty days of the receipt of the notification of the
cancellation;

( i ) made provision that if the ownership or other interest
in the scheme of the developing owner, marketing agent or
managing agent is transferred to a third party such third
party agrees in writing to honour fully the rights of the pur-
chasers under the timesharing scheme;

(12 made provision for the inclusion of a clause in all
contracts and other legally binding documents being used by
the parties in connexion with the timesharing scheme to the
effect that such contracts and other documents shall be
interpreted and construed according to the law of Antigua
and Barbuda;

(k) made provision whereby compensating use periods,
similar alternative accommodation or monetary compensa-
tion may be granted to a purchaser where the facilities of the
timesharing scheme that he is entitled to use and occupy is
not available for the period or any part thereof during which
the purchaser is entitled to occupy and use the said facilities
due to any fault whatever on the part of the managing agent;

(1) provided a policy and procedure for disciplining a
purchaser for failure to comply with any provision of the
rules and regulations of the timesharing scheme or this Act
and the Regulations made thereunder including the late
payment of any annual, periodic, or special assessment, and
such procedure shall include the imposition of monetary
penalties, the suspension of a purchaser's right to use a unit,
and the forfeiture of a purchaser's right and interest in a
unit for violations including the failure of a purchaser to
vacate promptly a unit in accordance with the terms and
conditions of purchase and any disturbance affecting the use
and enjoyment of the facilities of the timesharing scheme by

LAWS OF ANTIGUA AND BARBUDA

Timesham'ng (Licensing and Control) (CAP. 427 29

other purchasers; and further made provision for giving a
purchaser an opportunity to be heard before any penalty is
imposed or the rights and privileges of a purchaser are sus-
pended or forfeited;

(m) made provision whereby any special assessment,
that is to say any assessment in respect of any costs in con-
nexion with the timesharing scheme payable by a purchaser
other than annual or periodic charges and assessments shall
be submitted to the Director-General together with a
detailed statement thereof for his approval before any
demand is made on the purchaser for payment;

(n) provided a plan of payment by purchasers either
individually or through a body contemplated in paragraph
(c) to the managing agent or interim managing agent for the
costs of operating and maintaining the timesharing scheme
and such plan shall provide inter alia-

(a) for the payment of not less than 10 per centum
and not more than 25 per centum of the monies received
(as approved by the Minister) annually into a fund to be
used solely for the purpose of replacing any furniture,
fittings, appliances and floor coverings in the timeshar-
ing scheme;

went or (b) for the submission by the managing a,
interim managing agent to the Minister of an annual
audited statement of accounts;

( 0 ) made provision not to encumber the timesharing
scheme, subsequent to the sale of units of the scheme, without
the written consent of not less than 51 per centum of the
existing purchasers, other than the developing owner,
marketing agent, or managing agent, as the case may be.