2023 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.