§ 44-3-182. Financial and Other Records of Time-Share Project Association or Managing Agent

The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made reasonably available for examination by any time-share interval owner in the program, by the time-share program’s association, or by the authorized agent of such owner or association upon reasonable request.

1. The developer of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program’s association, or by the authorized agent of such owner or association upon reasonable request:
   1. A copy of the escrow agreement for each time-share interval sold or, if alternative arrangements are made, a copy of the documents relating to those arrangements;
   2. Copies of lien releases, surety bonds, or other financial assurances executed by the developer to protect purchasers against any claims against the time-share program;
   3. Copies of management agreements entered into with managing agents for the management of the time-share program;
   4. Copies of agreements entered into with exchange programs for the inclusion of the time-share project in the exchange program’s available facilities; and
   5. For multilocation developers, copies of certified public accountants’ reports required by subparagraph (a)(3)(F) of Code Section 44-3-172.
2. The managing agent of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program’s association, or by the authorized agent of such owner or association upon reasonable request:
   1. Copies of management agreements entered into with developers for the management of time-share programs; and
   2. Copies of budgets and statements sent to developers and time-share interval owners accounting for common expense and maintenance assessments.
3. Exchange programs shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program’s association, or by the authorized agent of such owner or association upon reasonable request:
   1. Copies of agreements with developers for the inclusion of their projects in the exchange program’s available facilities;
   2. Copies of agreements with time-share interval owners for their membership in the exchange program; and
   3. Copies of certified public accountants’ reports as required by subparagraph (a)(2)(Q) of Code Section 44-3-172.

History. Code 1981, § 44-3-182 , enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1995, p. 1260, § 1.