SECTIONS 1812.300-1812.316 - California Statutes

CIVIL CODE

SECTION 1812.300-1812.316

1812.300. For the purposes of this title:
(a) "Membership camping operator" means any enterprise, other than
one that is tax exempt under Section 501(c)(3) of the Internal
Revenue Code of 1954, as amended, that has as one of its purposes the
ownership or operation of campgrounds which include or may include
use of camping sites, that solicits membership paid for by a fee or
periodic payments, such as annual dues, and the contractual members
are the primary intended users. "Membership camping operator" does
not include camping or recreational trailer parks, as defined in
Section 18215 of the Health and Safety Code, which are open to the
general public and which contain camping sites rented for a per use
fee, or a "mobilehome park," as defined in either Section 798.4 of
the Civil Code or Section 18214 of the Health and Safety Code.
As used in this title, "seller" means membership camping operator.
(b) "Membership camping contract" means an agreement offered or
sold within the State of California by a membership camping operator
or membership camping broker evidencing a purchaser's right or
license to use for more than 14 days in a year, the campgrounds of a
membership camping operator and includes a membership which provides
for this use.
(c) "Camping site" means a space designed and promoted for the
purpose of locating a trailer, tent, tent trailer, pickup camper, or
other similar device used for camping.
(d) "Offer" means any solicitation reasonably designed to result
in entering into a membership camping contract.
(e) "Person" means any individual, corporation, partnership,
limited liability company, trust, association, or other organization
other than a government or a subdivision thereof.
(f) "Purchaser" means a person who enters into a membership
camping contract and thereby obtains the right to use the campgrounds
of a membership camping operator.
(g) "Sale" or "sell" means entering into, or other disposition, of
a membership camping contract for value. The term "value" does not
include a reasonable fee to offset the administrative costs of
transfer of a membership camping contract.
(h) "Campground" means real property within this state owned or
operated by a membership camping operator and designated in whole or
in part by the membership camping operator as available for camping
or outdoor recreation by purchasers of membership camping contracts.
(i) "Blanket encumbrance" means any mortgage, deed of trust,
option to purchase, vendor's lien or interest under a contract or
agreement of sale, or other financing lien or encumbrance granted by
the membership camping operator or affiliate which secures or
evidences the obligation to pay money or to sell or convey any
campgrounds made available to purchasers by the membership camping
operator or any portion thereof, and which authorizes, permits, or
requires the foreclosure or other disposition of the campground.
(j) "Nondisturbance agreement" means an instrument in recordable
form by which the holder of a blanket encumbrance agrees to all of
the following:
(1) The holder's rights in any campground made available to
purchasers, prior or subsequent to the agreement, by the membership
camping operator shall be subordinate to the rights of purchasers
from and after the recordation of the nondisturbance agreement.
(2) The holder and all successors and assignees of the holder, and
any person who acquires the campground through foreclosure or by
deed in lieu of foreclosure of the blanket encumbrance shall take the
campground subject to the rights of purchasers.
(3) The holder or any successor acquiring the campground through
the blanket encumbrance shall not use or cause the campground to be
used in a manner which would materially prevent purchasers from using
or occupying the campground in a manner contemplated by the
purchasers' membership camping contracts. However, the holder shall
have no obligation to, and no liability for failure to assume the
responsibilities or obligations of, the membership camping operator
under the membership camping contracts.
(k) "Membership camping contract broker" means a person who, for
compensation, resells or offers to resell a membership camping
contract to a new purchaser on behalf of a prior purchaser.
Membership camping contract broker does not include a membership
camping operator or its employees or agents.

1812.301. The membership camping contracts and persons covered by
this title shall be subject to Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 and Article 1 (commencing with Section
17500) of Chapter 1 of Part 3 of Division 7 of the Business and
Professions Code and the Unruh Act (Chapter 1 (commencing with
Section 1801) of Title 2 of Part 4 of Division 3).

1812.302. A membership camping operator shall provide to a
purchaser the following written disclosures in any format which
clearly communicates the following reasonably current information
before the purchaser signs a membership camping contract, or gives
any money or thing of value for the purchase of a membership camping
contract. The written disclosures shall be included in or attached to
the contract before the time the contract is signed. The following
information shall be updated once a year.
(a) The name and address of the membership camping operator and
any material affiliate membership camping operator.
(b) A brief description of the membership camping operator's
experience in the membership camping business, including the number
of years the operator has been in the membership camping business; a
brief description of the past five years' business experience of the
chairman, the president and chief executive officer, and if other
than the foregoing, the person in charge of marketing of the
membership camping operator, or persons in comparable positions in
noncorporate operators, including the number of other membership
camping operators with which the executive has been associated and
the length of time with each.
(c) A brief description of the nature of the purchaser's right or
license to use the membership camping operator's property or
facilities.
(d) The location of each of the membership camping operator's
campgrounds and a brief description for each campground of the
significant facilities then available for use by purchasers and those
which are represented to purchasers as being planned, together with
a brief description of any significant facilities that are or will be
available to nonpurchasers or nonmembers.
"Significant facilities" shall include, but are not limited to,
each of the following: the number of campsites, in each campground;
the number of campsites in each campground with full or partial
hookups; swimming pools; tennis courts; recreation buildings;
restrooms and showers; laundry rooms; trading posts; or grocery
stores. "Partial hookups" mean those hookups with at least one of the
following connections: electricity, water, or sewer connections.
Following such description there shall appear in 10-point bold
type the following disclosure:

NOTICE: PURCHASE A MEMBERSHIP CAMPING CONTRACT ONLY ON THE BASIS
OF EXISTING FACILITIES. CONSTRUCTION OF PLANNED FACILITIES IS
SOMETIMES DEFERRED OR REVISED FOR A VARIETY OF REASONS. SHOULD THE
SALESPERSON DESCRIBE A SIGNIFICANT FACILITY WHICH IS NEITHER LISTED
AS EXISTING NOR PLANNED, TELEPHONE COLLECT OR TOLL FREE DURING
WEEKDAY BUSINESS HOURS TO