§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 secures or evidences the obligation to pay money or to sell or convey all or part of a campground located in this State, made available to purchasers by the membership camping operator and which authorizes, permits, or requires the foreclosure or other disposition of the campground. Blanket encumbrance shall include the lessor's interest in a lease of all or part of a campground which is located in this State and which is made available to purchasers by a membership camping operator. Blanket encumbrance shall not include a lien for taxes or assessments levied by a public body which are not yet due and payable.

(3)        "Business day" means any day except Sunday or a legal holiday.

(4)        "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, van or other similar device used for camping.

(5)        "Campground" means any single tract or parcel of real property within the State on which there are at least 10 camping sites.

(6)        "Contract" means a membership camping contract.

(7)        "Contract cost" means the total consideration paid by a purchaser pursuant to a contract including but not limited to:

a.         Any initiation or nonrecurring fee charged;

b.         All periodic fees required by the contract;

c.         All dues or maintenance fees; and

d.         All finance charges, time-price differentials, interest, and other similar fees and charges.

(8)        "Facility" means an amenity within a campground set aside or otherwise made available to purchasers for their use and enjoyment of the campground, and may include campsites, swimming pools, tennis courts, recreational buildings, boat docks, restrooms, showers, laundry rooms, and trading posts or grocery stores.

(9)        "Membership camping contract" or "membership camping agreement" means any written agreement of more than one year's duration, executed in whole or in part within this State, which grants to a purchaser a right or license to use the campground of a membership camping operator or any portion thereof. Any agreement which constitutes a "time share instrument" as defined in G.S. 93A-41 is excluded from this definition.

(10)      "Membership camping operator" means any person who owns or operates a campground and offers or sells membership camping contracts. A membership camping operator shall not include:

a.         An enterprise that is exempt from federal income tax under § 501(c) of the Internal Revenue Code;

b.         An enterprise that is exempt from State income tax under Article 4 of Chapter 105 of the General Statutes; or

c.         Mobile home parks wherein the residents occupy the premises as their primary homes or have leased or purchased a lot for their exclusive use.

(11)      "Offer," "offer to sell," "offer to execute" or "offering" means any offer, solicitation, advertisement, or inducement to execute a membership camping agreement.

(12)      "Person" means any individual, corporation, partnership, company, unincorporated association, or any other legal entity other than a government or agency or a subdivision thereof.

(13)      "Purchaser" means a person who enters into a membership camping contract with the membership camping operator.

(14)      "Purchase money" means any money, currency, note, security, or other consideration paid by the purchaser for a membership camping agreement.

(15)      "Reciprocal program" means any arrangement under which a purchaser is permitted to use camping sites or facilities at one or more campgrounds not owned or operated by the membership camping operator with whom the purchaser has entered into a membership camping contract.

(16)      "Salesperson" means an individual, other than a membership camping operator, who offers to sell a membership camping contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a salesperson without making any direct sales presentation.

(1991 (Reg. Sess., 1992), c. 1009, s. 4.)