§ 66-238. Membership camping operator's disclosure statement. - North Carolina Statutes

§66‑238.  Membership camping operator's disclosure statement.

(a)        Every membershipcamping operator, salesperson, or other person who is in the business ofoffering for sale or transfer the rights under existing membership campingcontracts for a fee shall disclose the following information to a purchaserbefore the purchaser signs a contract or gives any money or thing of value forthe purchase of a contract. The disclosures shall be delivered to the purchaserprior to the time the contract is signed and must be presented in a clear,legible format prescribed by the Secretary of State.

(b)        The disclosuresshall consist of the following:

(1)        A cover pagecontaining only the following in the order stated:

a.         The words"MEMBERSHIP CAMPING OPERATOR'S DISCLOSURE STATEMENT": printed inboldface type of a minimum size of 10 points, followed by;

b.         The name andprincipal business address of the membership camping operator, followed by;

c.         A statement that themembership camping operator is in the business of offering for sale membershipcamping contracts, followed by;

d.         The following,printed in boldface type of a minimum size of 10 points: IMPORTANT! READ THISDISCLOSURE STATEMENT BEFORE YOU SIGN ANYTHING. THE LAW REQUIRES THAT YOU GET ACOPY OF THIS DISCLOSURE STATEMENT BEFORE YOU SIGN. IF YOUR SALESPERSON TELLSYOU ANYTHING DIFFERENT FROM WHAT IS WRITTEN, THEN DO NOT SIGN. DO NOT BUY THISMEMBERSHIP ASSUMING THAT YOU WILL BE ABLE TO RESELL IT, followed by;

e.         The followinglanguage, printed in boldface type of a minimum size of 10 points:

            YOU HAVE A 3‑DAYRIGHT TO CANCEL A CAMPING MEMBERSHIP CONTRACT. THIS RIGHT OF CANCELLATIONCANNOT BE WAIVED. YOUR RIGHT TO CANCEL ENDS AT MIDNIGHT ON THE 3RD BUSINESS DAYFOLLOWING THE DATE ON WHICH THE CONTRACT WAS SIGNED. IF YOU HAVE ANY QUESTIONSABOUT YOUR RIGHTS, CONTACT THE NORTH CAROLINA ATTORNEY GENERAL'S OFFICE.

(2)        The following pagesof the disclosure statement shall contain all of the following:

a.         The name of theoperator and the address of the operator's principal place of business in NorthCarolina, or if the operator has no place of business in North Carolina, theoperator's principal place of business;

b.         A brief descriptionof the nature of the purchaser's right or license to use the campground and thefacilities which are to be available for use by purchasers;

c.         A brief descriptionof the membership camping operator's experience in the membership campingbusiness, including the length of time such operator has been in the membershipcamping business;

d.         The location of eachof the campgrounds which is to be available for use by purchasers, excludingcampgrounds which will be available to a purchaser only if he is a member ingood standing of a reciprocal program; and a description of the facilities ateach campground then available for use by purchasers and those which arerepresented to purchasers as being planned, together with a brief descriptionof any facilities that are or will be available to nonpurchasers or nonmembers;

e.         As to allmemberships offered by the membership camping operator at each campground:

1.         The form ofmembership offered;

2.         The types ofduration of membership along with a summary of the major privileges,restrictions, and limitations applicable to each type;

3.         Provisions, if any,that have been made for public utilities at each campsite including water,electricity, telephone, and sewage facilities; and

4.         The maximum numberof current memberships to be sold per site at that campground.

f.          Any initial,additional, or special fee due from the purchaser together with a descriptionof the purpose and method of calculating the fee;

g.         A generaldescription of any financing offered or available through the membershipcamping operator;

h.         Any schedule of feesor charges that purchasers are or may be required to pay for use of thecampground or any facilities or reciprocal program;

i.          The extent to whichfinancial arrangements, if any, have been provided for the completion offacilities, together with a statement of the membership camping operator'sobligation to complete planned facilities. The statement shall include adescription of any restrictions or limitations on the membership campingoperator's obligation to begin or to complete the facilities;

j.          Any services whichthe membership camping operator currently provides or expenses he pays whichare expected to become the responsibility of the purchasers, including theprojected liability which each such service or expense may impose on eachpurchaser;

k.         A summary or copy,whether by way of supplement or otherwise, of the rules, restrictions, orcovenants regulating the purchaser's use of the campground and the facilitieswhich are to be available for use by the purchasers, including a statement ofwhether and how the rules, restrictions, or covenants may be changed;

l.          A description ofany restraints on the transfer of the membership camping contract;

m.        A statement of thepolicies covering the availability of campsites, the availability ofreservations, and the conditions under which they are made;

n.         A statement of anygrounds for forfeiture of a purchaser's membership camping contract;

o.         A statementdescribing the material terms and conditions of any reciprocal program to beavailable to the purchaser including a statement concerning whether thepurchaser's participation in any reciprocal program is dependent upon thecontinued affiliation of the membership camping operator with that reciprocalprogram and whether the membership camping operator reserves the right toterminate such affiliation.

(3)        The membershipcamping operator shall promptly amend his membership camping operator'sdisclosure statement to reflect any material change in the campground or itsfacilities. He shall also file within 30 days any such amendments with theSecretary of State. Each disclosure statement provided to a prospectivepurchaser must contain the most recent date when the statement was revised. (1991(Reg. Sess., 1992), c. 1009, s. 4.)