§ 653 — Specific disclosures

§ 653. Specific disclosures. 1. Prior to the execution of a membership\ncamping contract, the purchaser must be provided with a disclosure\ndocument which shall begin with the following language printed in upper\ncase boldface type of a minimum size of ten points:\n DISCLOSURE DOCUMENT\n THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS CONCERNING THE\n PURCHASE OF A MEMBERSHIP CAMPING CONTRACT. STATE LAW REQUIRES THAT\n THESE DISCLOSURES BE MADE, BUT NO STATE AGENCY OR OFFICIAL HAS\n REVIEWED THE INFORMATION CONTAINED IN THIS DOCUMENT. THE STATEMENTS\n CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU SHOULD NOT RELY UPON\n ANY ORAL REPRESENTATIONS WHICH ARE INCONSISTENT WITH THE DISCLOSURES\n CONTAINED HEREIN AS BEING CORRECT. A MEMBERSHIP CAMPGROUND OPERATOR IS\n PROHIBITED FROM MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE\n CONTAINED IN THE CONTRACT OR THIS DISCLOSURE STATEMENT.\n 2. The disclosure document shall consist of a written statement\ncontaining all of the following information:\n a. The name and address of the membership campground operator.\n b. A description of the operator's business experience. Such\ndescription shall disclose any event within the last ten years in which\nthe operator has filed for or been subject to involuntary bankruptcy,\ninsolvency, or an assignment for the benefit of creditors, or has been\nconvicted of a felony in any criminal case or proceeding or has been the\nsubject of a judgment unless reversed on appeal in any civil or\nadministrative case or proceeding involving fraud, or deceptive\npractices, or violation of any law applicable to membership campgrounds.\nThe operator shall also make such disclosures as may be required and\nmutually agreed upon as a result of negotiations between the operator\nand the attorney general and contained in a consent order or assurance\nof discontinuance resulting from an investigation, action or proceeding\ncommenced by the attorney general.\n c. A brief description of the nature of the purchaser's right or\nlicense to use the membership campground operator's property or\nfacilities.\n d. The location of each membership campground owned by the membership\ncampground operator which is offered for purchaser's use and a brief\ndescription for each campground of the facilities then available for use\nby purchaser, and those facilities which are represented to purchaser as\nplanned, together with a brief description of any facilities that are or\nwill be available to non-purchasers or non-members. The description\nrequired herein shall include, but not be limited to, the number of\ncamping sites in each campground, the number of camping sites in each\ncampground with full or partial hook-ups, and a description of the\nfacilities at each campground.\n e. The following statement shall be given in the contract, printed in\nboldface type of a minimum size of ten points reading:\n PURCHASE A MEMBERSHIP CAMPING CONTRACT ONLY ON THE BASIS OF EXISTING\n FACILITIES. CONSTRUCTION OF PLANNED FACILITIES MAY SOMETIMES BE\n DELAYED OR TERMINATED FOR A VARIETY OF REASONS.\n f. A description of the membership campground operator's ownership or\nother right to use the campground together with the duration of any\nlease, license, or franchise entitling the membership campground\noperator to use the property, and any material provisions of any\nagreements which restrict a purchaser's use of the property.\n g. A description of the effect on the purchaser's membership rights if\na subsequent holder, successor, assign or other person later acquires\nthe campground or campgrounds through foreclosure, bankruptcy, sale,\ndeed, or other conveyance.\n h. A copy of the rules, restrictions or covenants regulating the\npurchaser's use of the membership campground operator's property or\nproperties, including a statement of whether and how the rules,\nrestrictions or covenants may be changed.\n i. A brief description of all payments required to be made by a\npurchaser under a membership camping contract, including initial fees\nand any further fees, dues, charges or assessments, together with an\nexplanation of how such fees, dues, charges or assessments may be\nincreased.\n j. A description of any restraints on the transfer of the membership\ncamping contract, including applicable fees.\n k. A description of the policies relating to the availability of the\ncamping sites and whether reservations are required, and what usage\nrights non-members have, if any.\n l. A description of any grounds for forfeiture of any membership\ncamping contract.\n m. A statement describing the material terms and conditions of any\nreciprocal program represented to be available to purchasers, including\nwhether the purchaser's participation in the reciprocal program is\ndependent upon the continued affiliation of the membership campground\noperator with the reciprocal program, and whether the reciprocal program\noperator and/or the membership campground operator have reserved the\nright to terminate that affiliation.\n n. A statement of the maximum number of memberships to be sold as\ncompared to the number of camping sites available to those members,\nexpressed in a ratio form.\n o. The following statement, in bold letters of at least ten point type\nwhere in capital letters below, which advises the purchaser of the right\nto cancel the contract under section six hundred fifty-four-a of this\narticle, shall be contained in the disclosure document:\n ADDITIONAL RIGHT OF CANCELLATION: AFTER THREE (3) BUSINESS DAYS FROM\nTHE DATE THAT YOU EXECUTE SAID CONTRACT YOU MAY CANCEL FOR ANY OF THE\nFOLLOWING REASONS:\n (1) A material breach in the provision of the essential services and\nprograms set forth in the membership camping contract; or\n (2) You have relocated to a permanent residence not less than five\nhundred miles from a campground or other facility where you can use your\nmembership; or\n (3) You, your spouse, or your domestic partner currently resides in or\nare notified of and accept the opportunity to commence occupancy in an\nadult care facility or a residential health care facility; or\n (4) You, your spouse, or your domestic partner are certified by a\nphysician as physically unable to visit the resort and materially use\nthe services and programs as outlined in the contract; or\n (5) You are the victim of domestic violence perpetrated by another\nsignatory of the same contract.\n Immediately following the above right of cancellation notice, the\ninstructions below shall be given in the same type as the print for the\ncontract text.\n "Notice of cancellation shall be in writing subscribed by the\npurchaser or his or her legally designated representative and sent by\ncertified mail to the membership campground operator at the address\nstated herein. Such notice shall be accompanied by the original or\ncopies of the membership camping contract and all supporting\ndocumentation. If you are exercising your right to cancel after three\nbusiness days, such notification shall also include a written statement\nthat certifies that the representations are true and correct, and\ncontain no material omissions of fact to the best of your knowledge and\nbelief."\n 2-a. The following statement, in bold letters of at least ten point\ntype, which advises the purchaser of the right to cancel the contract\nunder section six hundred fifty-four of this article shall be contained\nin the contract:\n YOU MAY CANCEL THIS MEMBERSHIP CONTRACT WITHOUT ANY PENALTY,\n FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS\n FROM THE DATE THAT YOU EXECUTE SAID CONTRACT. FOR ADDITIONAL RIGHT\n OF CANCELLATION SEE THE DISCLOSURE DOCUMENT.\n Immediately following the above right of cancellation notice, the\ninstructions below shall be given in the same type as the print for the\ncontract text.\n "Notice of cancellation shall be in writing subscribed by the\npurchaser or his or her legally designated representative and hand\ndelivered or mailed by certified mail to the membership campground\noperator at the address stated herein and postmarked not later than\nthree business days from the date of execution of said contract. Such\nnotice shall be accompanied by the original or copies of the membership\ncamping contract and all supporting documentation."\n 3. The disclosure statement shall contain a signature line for the\npurchaser immediately above which shall be printed in boldface type of a\nminimum size of ten points the following words:\n THE UNDERSIGNED HAS READ ALL OF THE PROVISIONS OF THE DISCLOSURE\n STATEMENT.\n