2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 654-A - Cancellation of Membership Camping Contracts.

§  654-a.  Cancellation  of  membership  camping contracts. 1. For the
purposes of this section the following terms shall  have  the  following
meanings:
a.  "adult  care facility" shall have the same meaning as such term is
defined in subdivision twenty-one of section two of the social  services
law,  provided,  however, that for the purposes of this section the term
"adult care facility" shall not include a shelter for adults;
b. "domestic partner" shall have the same  meaning  as  such  term  is
defined   in   subdivision   seven   of   section   twenty-nine  hundred
ninety-four-a of the public health law.
c. "residential health care facility" shall have the same  meaning  as
such  term  is  defined  in  subdivision  three  of section twenty-eight
hundred one of the public health law; and
d. "shelter for adults" shall have the same meaning as  such  term  is
defined  in  subdivision  twenty-three  of  section  two  of  the social
services law.
2. a. Upon the expiration of the cancellation  period  provided  under
section  six  hundred  fifty-four  of  this  article,  a  purchaser of a
membership camping contract shall have the right to cancel such contract
under the following conditions:
(1)  there  is  a  material  breach  of  contract  by  the  membership
campground  operator  to  provide the essential services and programs as
set forth and in the manner provided in the membership camping contract.
A natural disaster or phenomena, failure or shortage of  electric  power
or  other  source of energy, unauthorized or illegal acts, labor strikes
or disputes disrupting operations, or  governmental,  judicial,  or  law
enforcement  actions  shall  not be a basis for cancellation, unless the
membership campground operator fails to diligently restore such services
and programs within a reasonable period of time; or
(2) the purchaser has relocated to a permanent residence not less than
five hundred miles from the campground or  the  location  of  any  other
campground available to the purchaser pursuant to one or more reciprocal
programs outlined in the membership camping contract; or
(3)  the  purchaser,  or  the  purchaser's  spouse or domestic partner
currently resides in or is notified of and accepts  the  opportunity  to
commence  occupancy  in  an  adult care facility or a residential health
care facility and the purchaser provides a copy of such notification  or
proof of residency to the operator; or
(4)  the  purchaser  or  the  purchaser's  spouse  or domestic partner
receives a written certification  from  a  physician  stating  that  the
purchaser  or  the  purchaser's spouse or domestic partner is bedridden,
housebound, or similarly physically unable due to ailment or  injury  to
visit  the  campground  and  materially  utilize any of the services and
programs as outlined  in  the  membership  camping  contract,  and  such
condition  is not expected to be temporary. The purchaser must provide a
copy of such certification to the operator; or
(5) the purchaser of a contract signed  by  more  than  one  purchaser
provides  to  the  operator  a  copy of any of the following, within six
months of its issuance, involving domestic violence by another signatory
of the same contract: (A) a valid domestic violence incident report form
as such term is defined in subdivision fifteen of section eight  hundred
thirty-seven  of  the  executive  law;  (B) a valid police report; (C) a
valid order of protection; or (D) a signed  affidavit  from  a  licensed
medical  or  mental  health  care  provider,  employee of a court acting
within the scope of his or her employment, social worker, a rape  crisis
counselor  as  defined  in  section  forty-five hundred ten of the civil
practice law and rules, or advocate acting on behalf of an  agency  that
assists domestic violence victims. Paragraph d of this subdivision shall

not  apply to a purchaser canceling under this subparagraph. A claim for
termination under  this  subparagraph  shall  be  made  in  good  faith.
Termination  under this subparagraph shall require, and the provision of
any  of  the  items  in  (A)  through  (D) of this subparagraph, for the
purposes of this subparagraph, shall  be  presumptive  evidence  of  the
continued  existence of a substantial risk of physical or emotional harm
to the purchaser or purchaser's child.
b. When a purchaser cancels a contract pursuant  to  this  subdivision
such  purchaser shall be required to have paid the purchase price of his
or her membership in full, as well as all outstanding fees, dues, or any
other payments due at the time  of  cancellation  and  for  ninety  days
thereafter.  However,  if  all of the purchasers who signed the contract
die, the relevant estate or estates shall be  relieved  of  any  further
obligation under the contract not then due and owing.
c.   Written  notification  of  the  intent  to  cancel  a  membership
campground contract shall be signed by  the  purchaser  or  his  or  her
legally  designated  representative  and  delivered  to  the operator by
certified mail duly addressed to the operator. Such  notification  shall
include  a written statement that certifies that the representations are
true and correct, and contain no material omissions of fact to the  best
knowledge and belief of the person submitting the certification.
d.  In  the event that the membership campground contract is signed by
more  than  one  purchaser,  and  one  or  more  purchasers   meet   the
requirements  to  cancel  pursuant  to this subdivision, every purchaser
under the contract shall have the right to cancel the contract  provided
the  other purchaser or purchasers so notify the operator by signing and
delivering, at the same time, the same cancellation notice  required  by
paragraph  c  of  this subdivision signed by the purchaser or purchasers
meeting the cancellation requirements, in which case all such  purchaser
or  purchasers who sign the cancellation notice shall be relieved of any
further obligation under  the  contract  except  for  those  obligations
outlined in paragraph b of this subdivision.