NY Gen Bus L § 653 (2021)
2021 New York Laws GBS - General Business Article 31 - Membership Campgrounds 653 - Specific Disclosures.

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