Title 21 — Real Property

The time-share instruments for a time-share program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units which shall ordinarily include, but need not be limited to provisions for the…

No action for partition of a unit may be maintained except as permitted by the time- share instrument. ---------- ARTICLE 3 PROTECTION OF PURCHASERS

(a) A public offering statement shall be provided to each purchaser of a time-share interval. The statement shall fully and accurately disclose: (1) the name of the developer and the principal address of the developer and the time-share intervals offered in the statement; (2) a g…

Any deposit made in connection with the purchase or reservation of a time-share interval from a developer must be placed in escrow and held in this Territory in an account designated solely for the purpose, in an institution whose accounts are insured by a governmental agency or …

(a) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The contract is voidable by the purchaser un…

(a) Any time-share program in which a public offering statement has been prepared does not require registration under the following: (1) the Uniform Securities Act of Guam (Title XLI of the Government Code); or (2) any other territorial law which requires the preparation of a pub…

(a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following: (1) Securities a…

The developer shall amend or supplement the public offering statement to report any material change in the information required by § 47301 of this Chapter. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution t…

(a) Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or …

Criminal Penalties. If a developer or any other person subject to the provisions of this Chapter violates any provisions thereof or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Pun…

A judicial proceeding where the accuracy of the public offering statement or validity of any contract of purchase is in issue and a rescission of the contract or damages is sought must be commenced within four (4) years after the date of the contract of purchase, notwithstanding …

The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records. All financial and other records shall be made reasonably available for examinations by any time-share interval owner or his autho…

(a) The agency may adopt, amend and repeal rules or regulations and issue orders consistent with, and in furtherance of the objectives of this Chapter. The agency may prescribe forms and procedures for submitting information to the agency. (b) The agency may accept grants-in-aid …

(a) Unless exempted by § 47407 of this Article, a developer may not offer or dispose of a time-share interval unless the time-share program is registered with the agency; provided, however, that a developer may accept a reservation together with a deposit if the deposit is placed…

An application for registration shall contain the public offering statement, a brief description of the property, copies of time-share instruments and any documents referred to therein (other than tract maps, plats and plans), and such other information required by the agency's r…

(a) The agency, at any time, may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers. (b) The public offering statement may not be used for any promotional purposes be…

(a) Except as hereinafter provided, the effective date of the registration, or any amendment thereto, shall be the 45th day after the filing thereof or such earlier date as the agency may determine, having due regard to the public interest and the protection of purchasers. If any…

A developer shall amend or supplement its registration to report any material change in the information required by § 47403 of this Article. COL120106

(a) No registration with the agency shall be required if the developer is registered and there has been issued a public offering statement of similar disclosure document which is provided to purchasers under the following: (1) Securities and Exchange Act of 1933; (2) Federal Inte…

In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payment made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale or other lien…

The developer whose project is subject to an underlying blanket lien or encumbrance shall protect non-defaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a non-disturbance clause, subordination agreement or partial release of the lien as the …

The lienholder in any time-share program shall have the following rights: (a) A lienholder shall have his lien rights preserved as against any purchaser of time- share interval claiming that the time-share instrument is invalid, void or voidable, thirty (30) days after written no…

This Act applies to, regulates, and determines rights, obligations, and remedies under a rental agreement for a dwelling unit located within Guam. This Act applies only to residential leases. In the event of any conflict between any provision of this Act and any provision of 18 G…

As used in this Chapter, unless the context otherwise requires: (a) action includes recoupment, counterclaim, suit in law or equity, and any other proceeding in which rights are determined; (b) bona fide purchaser is a purchaser for a valuable consideration paid or parted with in…

(a) A person has notice of a fact if they: (1) have actual knowledge of the fact; or (2) have received a notification of the fact. (b) A person is deemed having received notice when it comes to their attention, for which; (1) in the case of the landlord, notification is delivered…

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this Act or other law, rule, or regulation. (b) In the absence of a rental agreement, the tenant shall pay as rent the fair market rental value for the use and occupancy of the dw…

(a) A rental agreement shall not provide that the tenant agrees to waive or forego rights or remedies under this Act. (b) A provision in a rental agreement that is prohibited under this Act shall be unenforceable. ARTICLE 2 LANDLORD/TENANT OBLIGATIONS

(a) The total amount of a security deposit may not be in excess of one (1) month’s rent. Landlords may charge an additional reasonable “pet deposit,” not to exceed Five Hundred Dollars ($500.00) per pet. Landlords may not collect more than the first month’s rent and security depo…

(a) A landlord shall: (1) comply with the requirements of all applicable building and housing codes relative to health and safety; (2) make all repairs reasonably necessary to maintain the premises in a fit and habitable condition; and (3) Any defective condition of the premises …

(a) The landlord must convey in written notice to tenant of sale of dwelling unit in good faith to a bona fide purchaser to be relieved of liability under the rental agreement and this Act. However, the landlord remains liable to the tenant for the recoverable security deposit un…

(a) A tenant shall: (1) maintain the dwelling unit and premises that he uses as clean and safe as premises permit to comply with housing codes affecting health and safety; (2) dispose from his dwelling unit and common areas used from all garbage, rubbish, and other waste in a cle…

(a) A landlord may adopt a rule or regulation concerning the tenant’s use and occupancy of the premises, and it is enforceable without the consent of the tenant if all the following criteria listed are satisfied: (1) its purpose is to promote the safety and welfare of the tenants…

(a) The tenant shall not unreasonably withhold the tenant’s consent to the landlord to enter into the dwelling unit in order to inspect the premise; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling uni…

(a) Except as provided in this Act, if there is noncompliance by the landlord with the rental agreement or noncompliance with § 48202 of this Chapter affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constitutin…

(a) If the landlord fails to deliver possession on the effective or occupancy date of the lease of the dwelling unit to the tenant, rent abates until possession is delivered, and the tenant may terminate the rental agreement upon at least five (5) days written notice to the landl…

(a) Tenant may not do self or contracted repairs without the express written consent of landlord, and tenant may not deduct expenses or costs for such repairs from their rent unless approved in writing from landlord. (b) Tenant may not withhold rent for repairs not done. (c) Tena…

(a) If, contrary to the rental agreement or § 48204 of this Chapter, the landlord willfully or negligently fails to supply essential services pursuant to the rental agreement, the tenant may give written notice to the landlord specifying the breach and may: (1) take reasonable an…

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereaft…

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by causing interruption of essential services to the tenant, the tenant may either recover possession or terminate rental agreement. In either case, the tena…

(a) Notwithstanding any other provision of this Chapter, the tenant shall report any observed damage to the weatherhead or weatherhead post where the damage is related to damaging or destructive winds (windspeed that exceeds thirty-four (34) knots or forty (40) miles per hour) to…

(a) Except as provided in this Act, if there is noncompliance by the tenant with the rental agreement or noncompliance with § 48204 affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and …

If there is noncompliance by the tenant with § 48204 of this Chapter materially affecting health and safety that can be remedied by repair or replacement of a damaged item, and the tenant fails to comply as promptly as conditions require in case of emergency or within five (5) da…

(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days pursuant to § 48103 of this Chapter and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant and c…

If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession of the premises. If the tenant’s holdover is willful and not in good faith the landlord may …

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages, costs, rental loss and reasonable attorney’s fees. (b) If the landlord makes an…

(a) If a tenant to a residential rental agreement or lease agreement notifies the landlord in writing that he or she is the victim of family violence, criminal sexual conduct, or stalking as defined under Guam law, and provides to the landlord evidence as defined in § 48501(b) of…

(a) A victim under this Article shall not be evicted based on an incident or incidents of actual or threatened family violence, criminal sexual conduct, or stalking. (b) A victim under this Article shall not be held liable for damage to the property related to an incident or inci…

(a) If a person who is restrained from contact with a protected tenant under a court order is also a tenant of the same dwelling unit as the protected tenant, the landlord shall change the locks of the protected tenant’s dwelling unit no later than twenty-four (24) hours after th…

(a) A landlord shall not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant solely because a tenant, an applicant, or an individual who is a member of the tenant’s or applicant’s household is the victim of family violence, crim…

(a) A landlord shall not disclose any information provided by a tenant under this Article to a third party unless the disclosure satisfies any one (1) of the following: (1) the tenant consents in writing to the disclosure; or (2) the disclosure is required by law or order of the …