Section 82A.01 — Citation.

82A.01 CITATION. This chapter may be cited as the “Membership Camping Practices Act.” History: 1985 c 129 s 1

Section 82A.02 — Definitions.

82A.02 DEFINITIONS. Subdivision 1. Advertisement or advertising. “Advertisement” or “advertising” means any written or printed communication or any communication transmitted on radio, television, electronic means, or similar communications media other than telephone, published in connection with the offer or sale of membership camping contracts or to induce prospective purchasers to visit or attend an offer […]

Section 82A.03 — Registration Requirement.

82A.03 REGISTRATION REQUIREMENT. It is unlawful for any person to offer or sell a membership camping contract in this state without meeting the requirements of this chapter. History: 1985 c 129 s 3; 2014 c 222 art 1 s 17

Section 82A.05 — Disclosure Statement.

82A.05 DISCLOSURE STATEMENT. Subdivision 1. Delivery. A disclosure statement shall be delivered to each person to whom an offer is made before or concurrently with: (1) the first written offer other than offer by means of an advertisement; or (2) any payment pursuant to a sale, whichever occurs first. Each person to whom an offer […]

Section 82A.06 — Exemptions.

82A.06 EXEMPTIONS. Subdivision 1. Total transactional exemptions. The following transactions are exempt from the provisions of this chapter: (1) an offer, sale, or transfer by any one person of not more than one membership camping contract in any 12-month period; unless the offer, sale, or transfer is effected by or through a broker; (2) an […]

Section 82A.09 — Advertising.

82A.09 ADVERTISING. Subdivision 1. [Repealed, 1988 c 493 s 7] Subd. 2. Restrictions. No person shall publish or cause to be published in this state any advertisement concerning any membership camping contract after the commissioner has found that the advertisement contains any statement that is false or misleading, or omits to make any statement necessary […]

Section 82A.10 — Inspection Of Records.

82A.10 INSPECTION OF RECORDS. All records of a membership camping operator and broker and their agents pertaining to the advertising or sale of membership camping contracts in this state shall be maintained by the membership camping operator or broker at that person’s principal place of business and shall there be subject to inspection by the […]

Section 82A.11 — Sales Contract; Rescission.

82A.11 SALES CONTRACT; RESCISSION. Subdivision 1. Writing. Every membership camping contract shall be in writing. Subd. 2. [Repealed, 2014 c 222 art 1 s 58] Subd. 3. Right of rescission. A purchaser has an unconditional right to rescind any membership camping contract, or revoke any offer, at any time prior to or within five business […]

Section 82A.111 — Escrow Requirement.

82A.111 ESCROW REQUIREMENT. Subdivision 1. Generally. All funds received by a broker, membership camping operator, or salesperson in connection with the offer or sale of a membership camping contract must be deposited immediately upon receipt in an escrow account maintained by the broker or membership camping operator for that purpose in a bank or an […]

Section 82A.12 — Enforcement; Powers Of Commissioner.

82A.12 ENFORCEMENT; POWERS OF COMMISSIONER. Subdivision 1. Generally. The commissioner may issue a cease and desist order and may issue an order denying, suspending, or revoking any registration, amendment renewal, or exemption if the commissioner finds any of the following: (1) that the membership camping operator or registrant or any controlling person thereof has materially […]

Section 82A.13 — Prohibited Practices.

82A.13 PROHIBITED PRACTICES. Subdivision 1. Untrue statements filed in documents. No person shall make or cause to be made any untrue statement of a material fact in an application or other document filed with the commissioner. Subd. 2. Fraud. No person shall, in connection with the offer or sale of any membership camping contract, directly […]

Section 82A.14 — Unfair Practices.

82A.14 UNFAIR PRACTICES. No membership camping operator shall: (1) sell or offer to sell any membership camping contract with respect to a campground located in this state which is subject to a blanket encumbrance unless: (i) each person holding an interest in a blanket encumbrance shall have executed and delivered a nondisturbance agreement and recorded […]

Section 82A.15 — Preservation Of Purchaser’s Claims And Defenses.

82A.15 PRESERVATION OF PURCHASER’S CLAIMS AND DEFENSES. Any assignee of a membership camping contract or obligation relating to membership camping contracts shall be subject to all claims and defenses of the purchaser against the membership camping operator arising from the sale, notwithstanding any agreement to the contrary. An assignee who takes assignment of the membership […]

Section 82A.18 — Enforcement; Penalties And Remedies.

82A.18 ENFORCEMENT; PENALTIES AND REMEDIES. Subdivision 1. Civil action. Whenever the commissioner has reasonable cause to believe that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter or any rule or order thereunder, the commissioner may, in addition to all other […]

Section 82A.19 — Civil Liability.

82A.19 CIVIL LIABILITY. Subdivision 1. Generally. A person who violates any provision of section 82A.05, 82A.13, or 82A.14 or any rule or order thereunder shall be liable to the purchaser who may sue for actual damages caused thereby, for rescission, or other relief as the court may deem appropriate. Subd. 2. Joint and several liability. […]

Section 82A.20 — Rules And Opinions.

82A.20 RULES AND OPINIONS. Subdivision 1. Rulemaking power. The commissioner may adopt rules to carry out the provisions of this chapter. For the purpose of rules and forms, the commissioner may classify membership camping contracts, persons, or matters within the commissioner’s jurisdiction, and prescribe different requirements for different classes insofar as they are consistent with […]

Section 82A.21 — Scope.

82A.21 SCOPE. The provisions of this chapter concerning offers and sales of membership camping contracts apply when an offer or sale is made in this state. For the purpose of this chapter, an offer or sale is made in this state when a sales presentation is made in this state. An offer or sale is […]

Section 82A.22 — Service Of Process.

82A.22 SERVICE OF PROCESS. Subdivision 1. [Repealed, 2014 c 222 art 1 s 58] Subd. 2. Appointment of commissioner. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter, or any rule or order thereunder, and personal jurisdiction over this person cannot otherwise be obtained in […]

Section 82A.23 — Waivers Void.

82A.23 WAIVERS VOID. Any condition, stipulation, or provision purporting to bind any person acquiring any membership camping contract to waive compliance with any provision of this chapter or any rule or order thereunder is void. History: 1985 c 129 s 23

Section 82A.24 — Administration.

82A.24 ADMINISTRATION. Subdivision 1. Generally. This chapter shall be administered by the commissioner of commerce. Subd. 2. Department responsibilities. It is unlawful for the commissioner or any of the commissioner’s officers or employees to use for personal benefit any information which is filed with or obtained by the commissioner and which is not generally available […]