§ 55-382

Effect of violations on rights of action; attorney’s fees; prior determination of Real Estate Board required for certain violations

A. If a developer or any other person subject to this chapter violates any provision hereof or any provision of the time-share instrument, any person or class of persons adversely affected by the violation has a claim for appropriate relief. The court may also award reasonable attorney’s fees to the prevailing party.

B. Prior to the commencement of any action alleging a failure to comply with the provisions of § 55-375 or 55-386, however, an aggrieved owner shall first seek a determination from the Board as to whether compliance with § 55-375 or 55-386 has occurred. The Board shall make such determination within 120 days of the request therefore.

History

1981, c. 462; 1985, c. 517; 1998, c. 460; 2008, c. 376.

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