§ 66-230 – Title.

66-230. Title. This Article shall be known and may be cited as the "Membership Camping Act". (1991 (Reg. Sess., 1992), c. 1009, s. 4.)

§ 66-231 – Applicability.

66-231. Applicability. This Article shall apply to each membership camping contract executed at least in part in this State after January 1, 1993, regardless of the location of the membership camping operator’s principal office or his campground or recreational facilities. (1991 (Reg. Sess., 1992), c. 1009, s. 4.)

§ 66-232 – Definitions.

66-232. Definitions. For purposes of this Article the following definitions apply: (1) "Agreement" means a membership camping agreement. (2) "Blanket encumbrance" means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, judgment lien, federal or State tax lien, or other material lien or encumbrance which […]

§ 66-233 – Administration; unlawful offer or execution of membership camping contract.

66-233. Administration; unlawful offer or execution of membership camping contract. (a) This Article shall be administered by the Secretary of State of North Carolina or his designee, and shall be enforced by the Attorney General of North Carolina or his designee. (b) It shall be unlawful for any membership camping operator to offer to sell […]

§ 66-234 – Registration of membership camping operator.

66-234. Registration of membership camping operator. (a) The application for registration shall be on a form prescribed by the Secretary of State and shall include the following: (1) The applicant’s name, address, and the organizational form of the business, including the date, and jurisdiction under which the business was organized; the address of each of […]

§ 66-235 – Time of effect of registration.

66-235. Time of effect of registration. Upon receipt of the original application for registration in proper form, the Secretary of State shall, within 10 business days, issue a notice to the applicant that the Secretary of State has received the registration. Within 30 days thereafter, the Secretary of State shall notify the operator that the […]

§ 66-236 – Registration fees.

66-236. Registration fees. An applicant for registration under this Article must include the fee set out in the following table with the application for registration: Application Amount Initial registration as a membership camping operator $1,500 Renewal of registration as a membership camping operator 1,000 Initial registration as a salesperson 10 Renewal of registration as a […]

§ 66-237 – Registration of salespersons.

66-237. Registration of salespersons. (a) It shall be unlawful for any salesperson to offer to sell any membership camping contract in this State unless he is registered with the Secretary of State. The application of a salesperson for registration shall be on a form prescribed by the Secretary of State and shall include the following: […]

§ 66-238 – Membership camping operator's disclosure statement.

66-238. Membership camping operator’s disclosure statement. (a) Every membership camping operator, salesperson, or other person who is in the business of offering for sale or transfer the rights under existing membership camping contracts for a fee shall disclose the following information to a purchaser before the purchaser signs a contract or gives any money or […]

§ 66-239 – Contract terms.

66-239. Contract terms. (a) The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract in writing, which contract shall include at least the following information: (1) The name of the membership camping operator and the address of its principal place of business; (2) The actual date the […]

§ 66-240 – Cancellation.

66-240. Cancellation. In addition to any other right to revoke an offer or cancel a sale or contract, the purchaser has the right to cancel a membership camping contract sale until midnight of the third business day after the purchaser signs the contract. (1) The membership camping operator must furnish the purchaser, at the time […]

§ 66-241 – Escrow account.

66-241. Escrow account. (a) All purchase money received from or on behalf of a purchaser in connection with the execution of a membership camping contract shall be deposited in an escrow account designated solely for that purpose, which may be the membership camping operator’s own escrow or trust account or that of his attorney’s, until […]

§ 66-242 – Advertising, solicitations.

66-242. Advertising, solicitations. A membership camping operator shall disclose in all advertising programs which seek to induce prospective purchasers to visit the campground that the program is conducted by a membership camping operator and the purpose of any requested visit. (1991 (Reg. Sess., 1992), c. 1009, s. 4.)

§ 66-243 – Provision of records to the Secretary of State.

66-243. Provision of records to the Secretary of State. Any membership camping operator shall maintain accurate records of the escrow account. These records shall be open to inspection to the Secretary of State at any time during normal business hours. (1991 (Reg. Sess., 1992), c. 1009, s. 4.)

§ 66-244 – Limitation on duration of contract term.

66-244. Limitation on duration of contract term. A membership camping contract shall clearly state the duration of the contract. A contract shall either have a duration of no more than 30 years or give the purchaser the right to cancel the contract at any time after 30 years without further obligation and without a refund […]

§ 66-245 – Prohibited practices.

66-245. Prohibited practices. It shall be unlawful for any membership camping operator or salesperson to state or imply in attempting to sell a membership or to persuade a member to make payment that the purchaser will be able to sell the contract and thereby eliminate his obligation or recoup all or a substantial part of […]

§ 66-246 – Nondisturbance provisions.

66-246. Nondisturbance provisions. (a) With respect to any property in this State acquired and put into operation by a membership camping operator on or after January 1, 1993, the membership camping operator shall not offer or execute a membership camping contract in this State granting the right to use the property until the following requirements […]

§ 66-247 – Remedies.

66-247. Remedies. (a) Any purchaser injured by any violation of this Article may bring an action for rescission and restitution or for recovery of damages and for reasonable attorney’s fees. (b) The remedies herein shall be in addition to any other remedies provided for by law or in equity, but the damages assessed shall not […]