State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-25 > 59-1-326

§ 59.1-326. Membership camping operator's disclosure statement.

A. Every membership camping operator, salesperson, or other person who is inthe business of offering for sale or transfer the rights under existingmembership camping contracts for a fee shall deliver to his purchaser acurrent membership camping operator's disclosure statement before executionby the purchaser of the membership camping contract and no later than thedate shown on such contract.

B. The membership camping operator's disclosure statement shall consist ofthe following:

1. A cover page stating:

a. The words "Membership Camping Operator's Disclosure Statement" printedin boldfaced type of a minimum size of ten points, followed by,

b. The name and principal business address of the membership camping operatorfollowed by,

c. A statement that the membership camping operator is in the business ofoffering for sale membership camping contracts, followed by,

d. The following, in printed boldfaced type of a minimum size of ten points:

THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN THEEXECUTION OF A MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING OPERATORIS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE STATEMENTBEFORE YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINEDHEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER SHOULDREVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES MATERIALS. YOUSHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THISDOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. THEMEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY REPRESENTATIONSWHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS DISCLOSURESTATEMENT.

e. The following language, printed in boldfaced type of a minimum size of tenpoints after the appearance of the items required in subdivisions a through dabove:

SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIEDRIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED.THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THEDATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE MEMBERSHIP CAMPINGCONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BYCERTIFIED UNITED STATES MAIL TO THE MEMBERSHIP CAMPING OPERATOR AT THEADDRESS SHOWN IN THE MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THECAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU INCONNECTION WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT, UPON YOURPROPER AND TIMELY CANCELLATION OF THE CONTRACT. IN ADDITION, AFTER THEINITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOURSUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIPCAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, ANDASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIPCAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BYCERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOURTRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THEMEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPINGOPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THERECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPINGOPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE ANDANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES,DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THEMEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIALOBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPINGCONTRACT.

f. The following language below all statements required in subdivisions athrough e above:

"Registration of the membership camping operator with the Commissioner ofthe Virginia Department of Agriculture and Consumer Services does notconstitute an approval or endorsement by the Commissioner of the membershipcamping operator, his membership camping contract, or his campground."

2. The name of the membership camping operator and the address of hisprincipal place of business:

a. The name, principal occupation and address of every director, partner, ortrustee of the membership camping operator;

b. The name and address of each person owning or controlling an interest often percent or more in the membership camping operator;

c. The particulars of any indictment, conviction, judgment, decree or orderof any court or administrative agency against the membership camping operatoror its managing entity arising out of the violation or alleged violation ofany federal, state, local or foreign law or regulation in connection withactivities relating to the sale of campground memberships, land sales, landinvestments, security sales, construction or sale of homes or improvements orany similar or related activity; and

d. A statement of any unsatisfied judgments against the membership campingoperator or its managing entity, the status of any pending suits involvingthe sale of membership camping contracts or the management of campgrounds towhich the membership camping operator or its managing entity is a party andthe status of any pending suits, administrative proceedings, or indictmentsof significance to the campground;

3. A brief description of the nature of the purchaser's right or license touse the campground and the facilities which are to be available for use bypurchasers;

4. A brief description of the membership camping operator's experience in themembership camping business, including the length of time such operator hasbeen in the membership camping business;

5. The location of each of the campgrounds which is to be available for useby purchasers and a brief description of the facilities at each campgroundwhich are currently available for use by purchasers. Facilities which areplanned, incomplete, or not yet available for use shall be clearly identifiedas incomplete or unavailable. A brief description of any facilities that areor will be available to nonpurchasers shall also be provided;

6. As to all memberships offered by the membership camping operator at eachcampground:

a. The form of membership offered;

b. The types and duration of memberships along with a summary of the majorprivileges, restrictions, and limitations applicable to each type; and

c. Provisions, if any, that have been made for public utilities at eachcampsite including water, electricity, telephone and sewerage facilities;

7. Any initial or special fee due from the purchaser together with adescription of the purpose and method of calculating the fee;

8. A description of any liens, defects, or encumbrances affecting thecampground;

9. A general description of any financing offered or available through themembership camping operator;

10. A statement that the purchaser has until midnight of the seventh calendarday following the signing of the membership campground contract to cancel thecontract by proper notice to the membership camping operator;

11. A description of the insurance coverage that the membership campingoperator provides for the benefit of purchasers, if any;

12. Any fees or charges that purchasers are or may be required to pay for theuse of the campground or any facilities;

13. The extent to which financial arrangements, if any, have been providedfor the completion of facilities together with a statement of the membershipcamping operator's obligation to complete planned facilities. The statementshall include a description of any restrictions or limitations on themembership camping operator's obligation to begin or to complete suchfacilities;

14. The name of the managing entity, if there is one, and the significantterms of any management contract, including but not limited to, thecircumstances under which the membership camping operator may terminate themanagement contract;

15. Any services which the membership camping operator currently provides orexpenses he pays which are expected to become the responsibility of thepurchasers, including the projected liability which each such service orexpense may impose on each purchaser;

16. A brief description of the ownership in or other right to use thecampground which is to be transferred to each purchaser, together with theduration of any lease, license, franchise or reciprocal agreement entitlingthe membership camping operator or purchasers from him to use the campground,and any provisions in any such agreements which restrict or limit apurchaser's use of the campground;

17. a. A copy, whether by way of supplement or otherwise, of the rules,restrictions or covenants regulating the purchaser's use of the campground inVirginia and its facilities which are to be available for use by thepurchasers, including a statement of whether and how the rules, restrictionsor covenants may be changed;

b. A summary, whether by way of supplement or otherwise, of the rules,restrictions, or covenants regulating the purchaser's use of any othercampgrounds, facilities, or any other amenities resulting from the purchaseof, or used as an inducement to influence the purchase of, the membershipcamping contract;

18. A description of any restraints on the transfer of the membership campingcontract;

19. A brief description of the policies covering the availability of campingsites, the availability of reservations and the conditions under which theyare made;

20. A brief description of any grounds for forfeiture of a purchaser'smembership camping contract;

21. A statement of whether the membership camping operator has the right towithdraw permanently from use all or any portion of any campground devoted tomembership camping and, if so, the conditions under which such withdrawal isto be permitted;

22. A statement describing the material terms and conditions of anyreciprocal program to be available to the purchaser including a statementconcerning whether the purchaser's participation in any reciprocal program isdependent upon the continued affiliation of the membership camping operatorwith that reciprocal program and whether the membership camping operatorreserves the right to terminate such affiliation;

23. The following language, printed in boldfaced type of a minimum size often points:

The purchase of this membership camping contract should not be based on anyrepresentations that it is an investment or that it can be resold. Theresale of a membership may be difficult; and

24. A statement that contains in boldfaced type the name, address, andtelephone number of the Virginia Department of Agriculture and ConsumerServices, State Division of Consumer Affairs and that states that that agencyis the regulatory agency that handles consumer complaints regardingmembership campgrounds.

C. The membership camping operator shall promptly amend his membershipcamping operator's disclosure statement to reflect any material change in thecampground or its facilities. He shall also promptly file any such amendmentswith the Commissioner.

(1985, c. 409; 1992, c. 545.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-25 > 59-1-326

§ 59.1-326. Membership camping operator's disclosure statement.

A. Every membership camping operator, salesperson, or other person who is inthe business of offering for sale or transfer the rights under existingmembership camping contracts for a fee shall deliver to his purchaser acurrent membership camping operator's disclosure statement before executionby the purchaser of the membership camping contract and no later than thedate shown on such contract.

B. The membership camping operator's disclosure statement shall consist ofthe following:

1. A cover page stating:

a. The words "Membership Camping Operator's Disclosure Statement" printedin boldfaced type of a minimum size of ten points, followed by,

b. The name and principal business address of the membership camping operatorfollowed by,

c. A statement that the membership camping operator is in the business ofoffering for sale membership camping contracts, followed by,

d. The following, in printed boldfaced type of a minimum size of ten points:

THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN THEEXECUTION OF A MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING OPERATORIS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE STATEMENTBEFORE YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINEDHEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER SHOULDREVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES MATERIALS. YOUSHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THISDOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. THEMEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY REPRESENTATIONSWHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS DISCLOSURESTATEMENT.

e. The following language, printed in boldfaced type of a minimum size of tenpoints after the appearance of the items required in subdivisions a through dabove:

SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIEDRIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED.THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THEDATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE MEMBERSHIP CAMPINGCONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BYCERTIFIED UNITED STATES MAIL TO THE MEMBERSHIP CAMPING OPERATOR AT THEADDRESS SHOWN IN THE MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THECAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU INCONNECTION WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT, UPON YOURPROPER AND TIMELY CANCELLATION OF THE CONTRACT. IN ADDITION, AFTER THEINITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOURSUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIPCAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, ANDASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIPCAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BYCERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOURTRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THEMEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPINGOPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THERECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPINGOPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE ANDANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES,DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THEMEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIALOBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPINGCONTRACT.

f. The following language below all statements required in subdivisions athrough e above:

"Registration of the membership camping operator with the Commissioner ofthe Virginia Department of Agriculture and Consumer Services does notconstitute an approval or endorsement by the Commissioner of the membershipcamping operator, his membership camping contract, or his campground."

2. The name of the membership camping operator and the address of hisprincipal place of business:

a. The name, principal occupation and address of every director, partner, ortrustee of the membership camping operator;

b. The name and address of each person owning or controlling an interest often percent or more in the membership camping operator;

c. The particulars of any indictment, conviction, judgment, decree or orderof any court or administrative agency against the membership camping operatoror its managing entity arising out of the violation or alleged violation ofany federal, state, local or foreign law or regulation in connection withactivities relating to the sale of campground memberships, land sales, landinvestments, security sales, construction or sale of homes or improvements orany similar or related activity; and

d. A statement of any unsatisfied judgments against the membership campingoperator or its managing entity, the status of any pending suits involvingthe sale of membership camping contracts or the management of campgrounds towhich the membership camping operator or its managing entity is a party andthe status of any pending suits, administrative proceedings, or indictmentsof significance to the campground;

3. A brief description of the nature of the purchaser's right or license touse the campground and the facilities which are to be available for use bypurchasers;

4. A brief description of the membership camping operator's experience in themembership camping business, including the length of time such operator hasbeen in the membership camping business;

5. The location of each of the campgrounds which is to be available for useby purchasers and a brief description of the facilities at each campgroundwhich are currently available for use by purchasers. Facilities which areplanned, incomplete, or not yet available for use shall be clearly identifiedas incomplete or unavailable. A brief description of any facilities that areor will be available to nonpurchasers shall also be provided;

6. As to all memberships offered by the membership camping operator at eachcampground:

a. The form of membership offered;

b. The types and duration of memberships along with a summary of the majorprivileges, restrictions, and limitations applicable to each type; and

c. Provisions, if any, that have been made for public utilities at eachcampsite including water, electricity, telephone and sewerage facilities;

7. Any initial or special fee due from the purchaser together with adescription of the purpose and method of calculating the fee;

8. A description of any liens, defects, or encumbrances affecting thecampground;

9. A general description of any financing offered or available through themembership camping operator;

10. A statement that the purchaser has until midnight of the seventh calendarday following the signing of the membership campground contract to cancel thecontract by proper notice to the membership camping operator;

11. A description of the insurance coverage that the membership campingoperator provides for the benefit of purchasers, if any;

12. Any fees or charges that purchasers are or may be required to pay for theuse of the campground or any facilities;

13. The extent to which financial arrangements, if any, have been providedfor the completion of facilities together with a statement of the membershipcamping operator's obligation to complete planned facilities. The statementshall include a description of any restrictions or limitations on themembership camping operator's obligation to begin or to complete suchfacilities;

14. The name of the managing entity, if there is one, and the significantterms of any management contract, including but not limited to, thecircumstances under which the membership camping operator may terminate themanagement contract;

15. Any services which the membership camping operator currently provides orexpenses he pays which are expected to become the responsibility of thepurchasers, including the projected liability which each such service orexpense may impose on each purchaser;

16. A brief description of the ownership in or other right to use thecampground which is to be transferred to each purchaser, together with theduration of any lease, license, franchise or reciprocal agreement entitlingthe membership camping operator or purchasers from him to use the campground,and any provisions in any such agreements which restrict or limit apurchaser's use of the campground;

17. a. A copy, whether by way of supplement or otherwise, of the rules,restrictions or covenants regulating the purchaser's use of the campground inVirginia and its facilities which are to be available for use by thepurchasers, including a statement of whether and how the rules, restrictionsor covenants may be changed;

b. A summary, whether by way of supplement or otherwise, of the rules,restrictions, or covenants regulating the purchaser's use of any othercampgrounds, facilities, or any other amenities resulting from the purchaseof, or used as an inducement to influence the purchase of, the membershipcamping contract;

18. A description of any restraints on the transfer of the membership campingcontract;

19. A brief description of the policies covering the availability of campingsites, the availability of reservations and the conditions under which theyare made;

20. A brief description of any grounds for forfeiture of a purchaser'smembership camping contract;

21. A statement of whether the membership camping operator has the right towithdraw permanently from use all or any portion of any campground devoted tomembership camping and, if so, the conditions under which such withdrawal isto be permitted;

22. A statement describing the material terms and conditions of anyreciprocal program to be available to the purchaser including a statementconcerning whether the purchaser's participation in any reciprocal program isdependent upon the continued affiliation of the membership camping operatorwith that reciprocal program and whether the membership camping operatorreserves the right to terminate such affiliation;

23. The following language, printed in boldfaced type of a minimum size often points:

The purchase of this membership camping contract should not be based on anyrepresentations that it is an investment or that it can be resold. Theresale of a membership may be difficult; and

24. A statement that contains in boldfaced type the name, address, andtelephone number of the Virginia Department of Agriculture and ConsumerServices, State Division of Consumer Affairs and that states that that agencyis the regulatory agency that handles consumer complaints regardingmembership campgrounds.

C. The membership camping operator shall promptly amend his membershipcamping operator's disclosure statement to reflect any material change in thecampground or its facilities. He shall also promptly file any such amendmentswith the Commissioner.

(1985, c. 409; 1992, c. 545.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-25 > 59-1-326

§ 59.1-326. Membership camping operator's disclosure statement.

A. Every membership camping operator, salesperson, or other person who is inthe business of offering for sale or transfer the rights under existingmembership camping contracts for a fee shall deliver to his purchaser acurrent membership camping operator's disclosure statement before executionby the purchaser of the membership camping contract and no later than thedate shown on such contract.

B. The membership camping operator's disclosure statement shall consist ofthe following:

1. A cover page stating:

a. The words "Membership Camping Operator's Disclosure Statement" printedin boldfaced type of a minimum size of ten points, followed by,

b. The name and principal business address of the membership camping operatorfollowed by,

c. A statement that the membership camping operator is in the business ofoffering for sale membership camping contracts, followed by,

d. The following, in printed boldfaced type of a minimum size of ten points:

THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN THEEXECUTION OF A MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING OPERATORIS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE STATEMENTBEFORE YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINEDHEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER SHOULDREVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES MATERIALS. YOUSHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THISDOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. THEMEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY REPRESENTATIONSWHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS DISCLOSURESTATEMENT.

e. The following language, printed in boldfaced type of a minimum size of tenpoints after the appearance of the items required in subdivisions a through dabove:

SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIEDRIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED.THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THEDATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE MEMBERSHIP CAMPINGCONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BYCERTIFIED UNITED STATES MAIL TO THE MEMBERSHIP CAMPING OPERATOR AT THEADDRESS SHOWN IN THE MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THECAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU INCONNECTION WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT, UPON YOURPROPER AND TIMELY CANCELLATION OF THE CONTRACT. IN ADDITION, AFTER THEINITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOURSUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIPCAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, ANDASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIPCAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BYCERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOURTRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THEMEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPINGOPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THERECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPINGOPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE ANDANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES,DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THEMEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIALOBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPINGCONTRACT.

f. The following language below all statements required in subdivisions athrough e above:

"Registration of the membership camping operator with the Commissioner ofthe Virginia Department of Agriculture and Consumer Services does notconstitute an approval or endorsement by the Commissioner of the membershipcamping operator, his membership camping contract, or his campground."

2. The name of the membership camping operator and the address of hisprincipal place of business:

a. The name, principal occupation and address of every director, partner, ortrustee of the membership camping operator;

b. The name and address of each person owning or controlling an interest often percent or more in the membership camping operator;

c. The particulars of any indictment, conviction, judgment, decree or orderof any court or administrative agency against the membership camping operatoror its managing entity arising out of the violation or alleged violation ofany federal, state, local or foreign law or regulation in connection withactivities relating to the sale of campground memberships, land sales, landinvestments, security sales, construction or sale of homes or improvements orany similar or related activity; and

d. A statement of any unsatisfied judgments against the membership campingoperator or its managing entity, the status of any pending suits involvingthe sale of membership camping contracts or the management of campgrounds towhich the membership camping operator or its managing entity is a party andthe status of any pending suits, administrative proceedings, or indictmentsof significance to the campground;

3. A brief description of the nature of the purchaser's right or license touse the campground and the facilities which are to be available for use bypurchasers;

4. A brief description of the membership camping operator's experience in themembership camping business, including the length of time such operator hasbeen in the membership camping business;

5. The location of each of the campgrounds which is to be available for useby purchasers and a brief description of the facilities at each campgroundwhich are currently available for use by purchasers. Facilities which areplanned, incomplete, or not yet available for use shall be clearly identifiedas incomplete or unavailable. A brief description of any facilities that areor will be available to nonpurchasers shall also be provided;

6. As to all memberships offered by the membership camping operator at eachcampground:

a. The form of membership offered;

b. The types and duration of memberships along with a summary of the majorprivileges, restrictions, and limitations applicable to each type; and

c. Provisions, if any, that have been made for public utilities at eachcampsite including water, electricity, telephone and sewerage facilities;

7. Any initial or special fee due from the purchaser together with adescription of the purpose and method of calculating the fee;

8. A description of any liens, defects, or encumbrances affecting thecampground;

9. A general description of any financing offered or available through themembership camping operator;

10. A statement that the purchaser has until midnight of the seventh calendarday following the signing of the membership campground contract to cancel thecontract by proper notice to the membership camping operator;

11. A description of the insurance coverage that the membership campingoperator provides for the benefit of purchasers, if any;

12. Any fees or charges that purchasers are or may be required to pay for theuse of the campground or any facilities;

13. The extent to which financial arrangements, if any, have been providedfor the completion of facilities together with a statement of the membershipcamping operator's obligation to complete planned facilities. The statementshall include a description of any restrictions or limitations on themembership camping operator's obligation to begin or to complete suchfacilities;

14. The name of the managing entity, if there is one, and the significantterms of any management contract, including but not limited to, thecircumstances under which the membership camping operator may terminate themanagement contract;

15. Any services which the membership camping operator currently provides orexpenses he pays which are expected to become the responsibility of thepurchasers, including the projected liability which each such service orexpense may impose on each purchaser;

16. A brief description of the ownership in or other right to use thecampground which is to be transferred to each purchaser, together with theduration of any lease, license, franchise or reciprocal agreement entitlingthe membership camping operator or purchasers from him to use the campground,and any provisions in any such agreements which restrict or limit apurchaser's use of the campground;

17. a. A copy, whether by way of supplement or otherwise, of the rules,restrictions or covenants regulating the purchaser's use of the campground inVirginia and its facilities which are to be available for use by thepurchasers, including a statement of whether and how the rules, restrictionsor covenants may be changed;

b. A summary, whether by way of supplement or otherwise, of the rules,restrictions, or covenants regulating the purchaser's use of any othercampgrounds, facilities, or any other amenities resulting from the purchaseof, or used as an inducement to influence the purchase of, the membershipcamping contract;

18. A description of any restraints on the transfer of the membership campingcontract;

19. A brief description of the policies covering the availability of campingsites, the availability of reservations and the conditions under which theyare made;

20. A brief description of any grounds for forfeiture of a purchaser'smembership camping contract;

21. A statement of whether the membership camping operator has the right towithdraw permanently from use all or any portion of any campground devoted tomembership camping and, if so, the conditions under which such withdrawal isto be permitted;

22. A statement describing the material terms and conditions of anyreciprocal program to be available to the purchaser including a statementconcerning whether the purchaser's participation in any reciprocal program isdependent upon the continued affiliation of the membership camping operatorwith that reciprocal program and whether the membership camping operatorreserves the right to terminate such affiliation;

23. The following language, printed in boldfaced type of a minimum size often points:

The purchase of this membership camping contract should not be based on anyrepresentations that it is an investment or that it can be resold. Theresale of a membership may be difficult; and

24. A statement that contains in boldfaced type the name, address, andtelephone number of the Virginia Department of Agriculture and ConsumerServices, State Division of Consumer Affairs and that states that that agencyis the regulatory agency that handles consumer complaints regardingmembership campgrounds.

C. The membership camping operator shall promptly amend his membershipcamping operator's disclosure statement to reflect any material change in thecampground or its facilities. He shall also promptly file any such amendmentswith the Commissioner.

(1985, c. 409; 1992, c. 545.)