When used in this chapter, unless the context requires a different meaning,the following shall have the meanings respectively set forth:
"Advertisement" shall be synonymous with "offer to sell."
"Agreement" shall be synonymous with "membership camping contract."
"Blanket encumbrance" means any legal instrument, whether or not evidencingthe obligation to pay money, which permits or requires the foreclosure, sale,conveyance or other disposition of the campground or any portion thereof.
"Board" means the Virginia Board of Agriculture and Consumer Services.
"Business day" means any day except Sunday or a legal holiday.
"Camping site" means any parcel of real estate designed and promoted forthe purpose of locating thereon a trailer, tent, tent trailer, pickup camper,recreational vehicle, house trailer, van, cabin or other similar device usedfor camping or for overnight lodging.
"Campground" means any single tract or parcel of real property on whichthere are at least ten camping sites.
"Commissioner" means the Commissioner of the Virginia Department ofAgriculture and Consumer Services, or a member of his staff to whom he hasdelegated his duties under this chapter.
"Contract" shall be synonymous with "membership camping contract."
"Department" means the Virginia Department of Agriculture and ConsumerServices.
"Facility" means an amenity within a campground set aside or otherwise madeavailable to purchasers in their use and enjoyment of the campground, and mayinclude campsites, swimming pools, tennis courts, recreational buildings,boat docks, restrooms, showers, laundry rooms, and trading posts or grocerystores.
"Holder" means the membership camping operator who enters into a membershipcamping contract with a purchaser or the assignee of such contract whopurchases the same for value.
"Managing entity" means a person who undertakes the duties,responsibilities and obligations of the management of a campground.
"Membership camping contract" or "membership camping agreement" means anywritten agreement of more than one year's duration, executed in whole or inpart within this Commonwealth, which grants to a purchaser a nonexclusiveright or license to use the campground of a membership camping operator orany portion thereof on a first come, first serve or reservation basistogether with other purchasers. "Membership camping contract" or"membership camping agreement" also means any written agreement of morethan one year's duration, executed in whole or in part within thisCommonwealth, which obligates the membership camping operator to transfer orwhich does in fact transfer to the purchaser title to or an ownershipinterest in a campground or any portion thereof, and which gives thepurchaser a nonexclusive right or license to use the campground of amembership camping operator or any portion thereof, on a first come, firstserve or reservation basis together with other purchasers.
"Membership camping operator" means any person who is in the business ofsoliciting, offering, advertising, or executing membership camping contracts.A membership camping operator shall not include:
1. Any enterprise that is tax-exempt under § 501 (c) (3) of the InternalRevenue Code, as amended; or
2. Any enterprise that is tax-exempt under Chapter 36 of Title 58.1; or
3. Manufactured home parks wherein the residents occupy the premises as theirprimary homes.
"Membership fees, dues, and assessments" means payments required of thepurchaser, or his successor in interest, by the agreement for the support andmaintenance of facilities at the campground about which the agreement relates.
"Nondisturbance agreement" means any instrument executed by the owner of ablanket encumbrance which subordinates the rights of the owner of the blanketencumbrance to the rights of the purchasers of membership camping contracts.Unless the agreement specifically so provides, the owner of a blanketencumbrance does not by the fact of such ownership assume any of theobligations of the membership camping operator under membership campingcontracts or under this chapter.
"Offer," "offer to sell," "offer to execute" or "offering" means anyoffer, solicitation, advertisement, or inducement, to execute a membershipcamping agreement.
"Person" means any individual, corporation, partnership, company,unincorporated association or any other legal entity other than a governmentor agency or a subdivision thereof.
"Purchase money" means any money, currency, note, security or otherconsideration paid by the purchaser for a membership camping agreement.
"Purchaser" means a person who enters into a membership camping contractwith the membership camping operator.
"Ratio of membership camping contracts to camping sites" means the totalnumber of membership camping contracts sold in relation to each availablecamping site.
"Reciprocal program" means any arrangement under which a purchaser ispermitted to use camping sites or facilities at one or more campgrounds notowned or operated by the membership camping operator with whom the purchaserhas entered into a membership camping contract.
"Salesperson" means an individual, other than a membership campingoperator, who offers to sell a membership camping contract by means of adirect sales presentation, but does not include a person who merely refers aprospective purchaser to a sales person without making any direct salespresentation.
(1985, c. 409; 1989, c. 676; 1992, c. 545; 1999, c. 77.)
When used in this chapter, unless the context requires a different meaning,the following shall have the meanings respectively set forth:
"Advertisement" shall be synonymous with "offer to sell."
"Agreement" shall be synonymous with "membership camping contract."
"Blanket encumbrance" means any legal instrument, whether or not evidencingthe obligation to pay money, which permits or requires the foreclosure, sale,conveyance or other disposition of the campground or any portion thereof.
"Board" means the Virginia Board of Agriculture and Consumer Services.
"Business day" means any day except Sunday or a legal holiday.
"Camping site" means any parcel of real estate designed and promoted forthe purpose of locating thereon a trailer, tent, tent trailer, pickup camper,recreational vehicle, house trailer, van, cabin or other similar device usedfor camping or for overnight lodging.
"Campground" means any single tract or parcel of real property on whichthere are at least ten camping sites.
"Commissioner" means the Commissioner of the Virginia Department ofAgriculture and Consumer Services, or a member of his staff to whom he hasdelegated his duties under this chapter.
"Contract" shall be synonymous with "membership camping contract."
"Department" means the Virginia Department of Agriculture and ConsumerServices.
"Facility" means an amenity within a campground set aside or otherwise madeavailable to purchasers in their use and enjoyment of the campground, and mayinclude campsites, swimming pools, tennis courts, recreational buildings,boat docks, restrooms, showers, laundry rooms, and trading posts or grocerystores.
"Holder" means the membership camping operator who enters into a membershipcamping contract with a purchaser or the assignee of such contract whopurchases the same for value.
"Managing entity" means a person who undertakes the duties,responsibilities and obligations of the management of a campground.
"Membership camping contract" or "membership camping agreement" means anywritten agreement of more than one year's duration, executed in whole or inpart within this Commonwealth, which grants to a purchaser a nonexclusiveright or license to use the campground of a membership camping operator orany portion thereof on a first come, first serve or reservation basistogether with other purchasers. "Membership camping contract" or"membership camping agreement" also means any written agreement of morethan one year's duration, executed in whole or in part within thisCommonwealth, which obligates the membership camping operator to transfer orwhich does in fact transfer to the purchaser title to or an ownershipinterest in a campground or any portion thereof, and which gives thepurchaser a nonexclusive right or license to use the campground of amembership camping operator or any portion thereof, on a first come, firstserve or reservation basis together with other purchasers.
"Membership camping operator" means any person who is in the business ofsoliciting, offering, advertising, or executing membership camping contracts.A membership camping operator shall not include:
1. Any enterprise that is tax-exempt under § 501 (c) (3) of the InternalRevenue Code, as amended; or
2. Any enterprise that is tax-exempt under Chapter 36 of Title 58.1; or
3. Manufactured home parks wherein the residents occupy the premises as theirprimary homes.
"Membership fees, dues, and assessments" means payments required of thepurchaser, or his successor in interest, by the agreement for the support andmaintenance of facilities at the campground about which the agreement relates.
"Nondisturbance agreement" means any instrument executed by the owner of ablanket encumbrance which subordinates the rights of the owner of the blanketencumbrance to the rights of the purchasers of membership camping contracts.Unless the agreement specifically so provides, the owner of a blanketencumbrance does not by the fact of such ownership assume any of theobligations of the membership camping operator under membership campingcontracts or under this chapter.
"Offer," "offer to sell," "offer to execute" or "offering" means anyoffer, solicitation, advertisement, or inducement, to execute a membershipcamping agreement.
"Person" means any individual, corporation, partnership, company,unincorporated association or any other legal entity other than a governmentor agency or a subdivision thereof.
"Purchase money" means any money, currency, note, security or otherconsideration paid by the purchaser for a membership camping agreement.
"Purchaser" means a person who enters into a membership camping contractwith the membership camping operator.
"Ratio of membership camping contracts to camping sites" means the totalnumber of membership camping contracts sold in relation to each availablecamping site.
"Reciprocal program" means any arrangement under which a purchaser ispermitted to use camping sites or facilities at one or more campgrounds notowned or operated by the membership camping operator with whom the purchaserhas entered into a membership camping contract.
"Salesperson" means an individual, other than a membership campingoperator, who offers to sell a membership camping contract by means of adirect sales presentation, but does not include a person who merely refers aprospective purchaser to a sales person without making any direct salespresentation.
(1985, c. 409; 1989, c. 676; 1992, c. 545; 1999, c. 77.)
When used in this chapter, unless the context requires a different meaning,the following shall have the meanings respectively set forth:
"Advertisement" shall be synonymous with "offer to sell."
"Agreement" shall be synonymous with "membership camping contract."
"Blanket encumbrance" means any legal instrument, whether or not evidencingthe obligation to pay money, which permits or requires the foreclosure, sale,conveyance or other disposition of the campground or any portion thereof.
"Board" means the Virginia Board of Agriculture and Consumer Services.
"Business day" means any day except Sunday or a legal holiday.
"Camping site" means any parcel of real estate designed and promoted forthe purpose of locating thereon a trailer, tent, tent trailer, pickup camper,recreational vehicle, house trailer, van, cabin or other similar device usedfor camping or for overnight lodging.
"Campground" means any single tract or parcel of real property on whichthere are at least ten camping sites.
"Commissioner" means the Commissioner of the Virginia Department ofAgriculture and Consumer Services, or a member of his staff to whom he hasdelegated his duties under this chapter.
"Contract" shall be synonymous with "membership camping contract."
"Department" means the Virginia Department of Agriculture and ConsumerServices.
"Facility" means an amenity within a campground set aside or otherwise madeavailable to purchasers in their use and enjoyment of the campground, and mayinclude campsites, swimming pools, tennis courts, recreational buildings,boat docks, restrooms, showers, laundry rooms, and trading posts or grocerystores.
"Holder" means the membership camping operator who enters into a membershipcamping contract with a purchaser or the assignee of such contract whopurchases the same for value.
"Managing entity" means a person who undertakes the duties,responsibilities and obligations of the management of a campground.
"Membership camping contract" or "membership camping agreement" means anywritten agreement of more than one year's duration, executed in whole or inpart within this Commonwealth, which grants to a purchaser a nonexclusiveright or license to use the campground of a membership camping operator orany portion thereof on a first come, first serve or reservation basistogether with other purchasers. "Membership camping contract" or"membership camping agreement" also means any written agreement of morethan one year's duration, executed in whole or in part within thisCommonwealth, which obligates the membership camping operator to transfer orwhich does in fact transfer to the purchaser title to or an ownershipinterest in a campground or any portion thereof, and which gives thepurchaser a nonexclusive right or license to use the campground of amembership camping operator or any portion thereof, on a first come, firstserve or reservation basis together with other purchasers.
"Membership camping operator" means any person who is in the business ofsoliciting, offering, advertising, or executing membership camping contracts.A membership camping operator shall not include:
1. Any enterprise that is tax-exempt under § 501 (c) (3) of the InternalRevenue Code, as amended; or
2. Any enterprise that is tax-exempt under Chapter 36 of Title 58.1; or
3. Manufactured home parks wherein the residents occupy the premises as theirprimary homes.
"Membership fees, dues, and assessments" means payments required of thepurchaser, or his successor in interest, by the agreement for the support andmaintenance of facilities at the campground about which the agreement relates.
"Nondisturbance agreement" means any instrument executed by the owner of ablanket encumbrance which subordinates the rights of the owner of the blanketencumbrance to the rights of the purchasers of membership camping contracts.Unless the agreement specifically so provides, the owner of a blanketencumbrance does not by the fact of such ownership assume any of theobligations of the membership camping operator under membership campingcontracts or under this chapter.
"Offer," "offer to sell," "offer to execute" or "offering" means anyoffer, solicitation, advertisement, or inducement, to execute a membershipcamping agreement.
"Person" means any individual, corporation, partnership, company,unincorporated association or any other legal entity other than a governmentor agency or a subdivision thereof.
"Purchase money" means any money, currency, note, security or otherconsideration paid by the purchaser for a membership camping agreement.
"Purchaser" means a person who enters into a membership camping contractwith the membership camping operator.
"Ratio of membership camping contracts to camping sites" means the totalnumber of membership camping contracts sold in relation to each availablecamping site.
"Reciprocal program" means any arrangement under which a purchaser ispermitted to use camping sites or facilities at one or more campgrounds notowned or operated by the membership camping operator with whom the purchaserhas entered into a membership camping contract.
"Salesperson" means an individual, other than a membership campingoperator, who offers to sell a membership camping contract by means of adirect sales presentation, but does not include a person who merely refers aprospective purchaser to a sales person without making any direct salespresentation.
(1985, c. 409; 1989, c. 676; 1992, c. 545; 1999, c. 77.)
