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.    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.    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 and hand delivered or  mailed  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.