Section 653. Specific disclosures  


Latest version.
  • 1. Prior to the execution of a membership
      camping  contract,  the  purchaser  must  be  provided with a disclosure
      document which shall begin with the following language printed in  upper
      case boldface type of a minimum size of ten points:
                                  DISCLOSURE DOCUMENT
        THIS  DISCLOSURE  STATEMENT  CONTAINS IMPORTANT MATTERS CONCERNING THE
        PURCHASE OF A MEMBERSHIP CAMPING CONTRACT.   STATE LAW  REQUIRES  THAT
        THESE  DISCLOSURES  BE  MADE,  BUT  NO  STATE  AGENCY  OR OFFICIAL HAS
        REVIEWED THE INFORMATION CONTAINED IN THIS  DOCUMENT.  THE  STATEMENTS
        CONTAINED  HEREIN ARE ONLY SUMMARY IN NATURE. YOU SHOULD NOT RELY UPON
        ANY ORAL REPRESENTATIONS WHICH ARE INCONSISTENT WITH  THE  DISCLOSURES
        CONTAINED HEREIN AS BEING CORRECT. A MEMBERSHIP CAMPGROUND OPERATOR IS
        PROHIBITED  FROM  MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE
        CONTAINED IN THE CONTRACT OR THIS DISCLOSURE STATEMENT.
        2. The disclosure  document  shall  consist  of  a  written  statement
      containing all of the following information:
        a. The name and address of the membership campground operator.
        b.   A   description  of  the  operator's  business  experience.  Such
      description shall disclose any event within the last ten years in  which
      the  operator  has  filed for or been subject to involuntary bankruptcy,
      insolvency, or an assignment for the benefit of creditors, or  has  been
      convicted of a felony in any criminal case or proceeding or has been the
      subject  of  a  judgment  unless  reversed  on  appeal  in  any civil or
      administrative  case  or  proceeding  involving  fraud,   or   deceptive
      practices, or violation of any law applicable to membership campgrounds.
      The  operator  shall  also  make such disclosures as may be required and
      mutually agreed upon as a result of negotiations  between  the  operator
      and  the  attorney general and contained in a consent order or assurance
      of discontinuance resulting from an investigation, action or  proceeding
      commenced by the attorney general.
        c.  A  brief  description  of  the  nature of the purchaser's right or
      license  to  use  the  membership  campground  operator's  property   or
      facilities.
        d.  The location of each membership campground owned by the membership
      campground operator which is offered for purchaser's  use  and  a  brief
      description for each campground of the facilities then available for use
      by purchaser, and those facilities which are represented to purchaser as
      planned, together with a brief description of any facilities that are or
      will  be  available  to  non-purchasers  or non-members. The description
      required herein shall include, but not be  limited  to,  the  number  of
      camping  sites  in  each campground, the number of camping sites in each
      campground with full or partial  hook-ups,  and  a  description  of  the
      facilities at each campground.
        e.  The following statement shall be given in the contract, printed in
      boldface type of a minimum size of ten points reading:
        PURCHASE A MEMBERSHIP CAMPING CONTRACT ONLY ON THE BASIS  OF  EXISTING
        FACILITIES.  CONSTRUCTION  OF  PLANNED  FACILITIES  MAY  SOMETIMES  BE
        DELAYED OR TERMINATED FOR A VARIETY OF REASONS.
        f. A description of the membership campground operator's ownership  or
      other  right  to  use  the  campground together with the duration of any
      lease,  license,  or  franchise  entitling  the  membership   campground
      operator  to  use  the  property,  and  any  material  provisions of any
      agreements which restrict a purchaser's use of the property.
        g. A description of the effect on the purchaser's membership rights if
      a subsequent holder, successor, assign or other  person  later  acquires
      the  campground  or  campgrounds  through foreclosure, bankruptcy, sale,
      deed, or other conveyance.
    
        h. A copy of the  rules,  restrictions  or  covenants  regulating  the
      purchaser's  use  of  the  membership  campground operator's property or
      properties,  including  a  statement  of  whether  and  how  the  rules,
      restrictions or covenants may be changed.
        i.  A  brief  description  of  all  payments  required to be made by a
      purchaser under a membership camping contract,  including  initial  fees
      and  any  further  fees,  dues, charges or assessments, together with an
      explanation of how such  fees,  dues,  charges  or  assessments  may  be
      increased.
        j.  A  description of any restraints on the transfer of the membership
      camping contract, including applicable fees.
        k. A description of the policies relating to the availability  of  the
      camping  sites  and  whether  reservations  are required, and what usage
      rights non-members have, if any.
        l. A description of any  grounds  for  forfeiture  of  any  membership
      camping contract.
        m.  A  statement  describing  the material terms and conditions of any
      reciprocal program represented to be available to purchasers,  including
      whether  the  purchaser's  participation  in  the  reciprocal program is
      dependent upon the continued affiliation of  the  membership  campground
      operator with the reciprocal program, and whether the reciprocal program
      operator  and/or  the  membership  campground operator have reserved the
      right to terminate that affiliation.
        n. A statement of the maximum number of  memberships  to  be  sold  as
      compared  to  the  number  of  camping sites available to those members,
      expressed in a ratio form.
        2-a. The following statement, in bold letters of at  least  ten  point
      type,  which  advises  the purchaser of the right to cancel the contract
      under section six hundred fifty-four of this article shall be  contained
      in the contract:
            YOU  MAY  CANCEL  THIS  MEMBERSHIP CONTRACT   WITHOUT ANY PENALTY,
            FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3)  BUSINESS  DAYS
            FROM THE DATE THAT YOU EXECUTE SAID CONTRACT.
        Immediately  following  the  above  right  of cancellation notice, the
      instructions below shall be given in the same type as the print for  the
      contract text.
        "Notice  of  cancellation  shall  be  in  writing  subscribed  by  the
      purchaser and hand delivered or  mailed  to  the  membership  campground
      operator  at  the  address  stated  herein and postmarked not later than
      three business days from the date of execution of  said  contract.  Such
      notice  shall be accompanied by the original or copies of the membership
      camping contract and all supporting documentation."
        3. The disclosure statement shall contain a  signature  line  for  the
      purchaser immediately above which shall be printed in boldface type of a
      minimum size of ten points the following words:
            THE  UNDERSIGNED  HAS READ ALL OF THE PROVISIONS OF THE DISCLOSURE
            STATEMENT.