                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-313)

When used in this chapter, unless the context requires a different meaning, the
following shall have the meanings respectively set
forth:		&#8220;Advertisement&#8221; shall be synonymous with &#8220;offer to
sell.&#8221;		&#8220;Agreement&#8221; shall be synonymous with &#8220;membership
camping contract.&#8221;		&#8220;Blanket encumbrance&#8221; means any legal
instrument, whether or not evidencing the obligation to pay money, which permits
or requires the foreclosure, sale, conveyance or other disposition of the
campground or any portion thereof.		&#8220;Board&#8221; means the Virginia Board
of Agriculture and Consumer Services.		&#8220;Business day&#8221; means any day
except Sunday or a legal holiday.		&#8220;Camping site&#8221; means any parcel
of real estate designed and promoted for the purpose of locating thereon a
trailer, tent, tent trailer, pickup camper, recreational vehicle, house trailer,
van, cabin or other similar device used for camping or for overnight
lodging.		&#8220;Campground&#8221; means any single tract or parcel of real
property on which there are at least ten camping
sites.		&#8220;Commissioner&#8221; means the Commissioner of the Virginia
Department of Agriculture and Consumer Services, or a member of his staff to
whom he has delegated his duties under this chapter.		&#8220;Contract&#8221;
shall be synonymous with &#8220;membership camping
contract.&#8221;		&#8220;Department&#8221; means the Virginia Department of
Agriculture and Consumer Services.		&#8220;Facility&#8221; means an amenity
within a campground set aside or otherwise made available to purchasers in 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.		&#8220;Holder&#8221; means the
membership camping operator who enters into a membership camping contract with a
purchaser or the assignee of such contract who purchases the same for
value.		&#8220;Managing entity&#8221; means a person who undertakes the duties,
responsibilities and obligations of the management of a
campground.		&#8220;Membership camping contract&#8221; or &#8220;membership
camping agreement&#8221; means any written agreement of more than one
year&#8217;s duration, executed in whole or in part within this Commonwealth,
which grants to a purchaser a nonexclusive right or license to use the
campground of a membership camping operator or any portion thereof on a first
come, first serve or reservation basis together with other purchasers.
&#8220;Membership camping contract&#8221; or &#8220;membership camping
agreement&#8221; also means any written agreement of more than one year&#8217;s
duration, executed in whole or in part within this Commonwealth, which obligates
the membership camping operator to transfer or which does in fact transfer to
the purchaser title to or an ownership interest in a campground or any portion
thereof, and which gives the purchaser a nonexclusive right or license to use
the campground of a membership camping operator or any portion thereof, on a
first come, first serve or reservation basis together with other
purchasers.		&#8220;Membership camping operator&#8221; means any person who is
in the business of soliciting, offering, advertising, or executing membership
camping contracts. A membership camping operator shall not include:

1. Any enterprise that is tax-exempt under &#xA7; 501(c) (3) of the Internal
Revenue Code, as amended; or

2. Any enterprise that is tax-exempt under Chapter 36 of Title 58.1; or

3. Manufactured home parks wherein the residents occupy the premises as their
primary homes.
			&#8220;Membership fees, dues, and assessments&#8221; means payments required
of the purchaser, or his successor in interest, by the agreement for the support
and maintenance of facilities at the campground about which the agreement
relates.			&#8220;Nondisturbance agreement&#8221; means any instrument executed
by the owner of a blanket encumbrance which subordinates the rights of the owner
of the blanket encumbrance to the rights of the purchasers of membership camping
contracts. Unless the agreement specifically so provides, the owner of a blanket
encumbrance does not by the fact of such ownership assume any of the obligations
of the membership camping operator under membership camping contracts or under
this chapter.			&#8220;Offer,&#8221; &#8220;offer to sell,&#8221; &#8220;offer
to execute&#8221; or &#8220;offering&#8221; means any offer, solicitation,
advertisement, or inducement, to execute a membership camping
agreement.			&#8220;Person&#8221; means any individual, corporation,
partnership, company, unincorporated association or any other legal entity other
than a government or agency or a subdivision thereof.			&#8220;Purchase
money&#8221; means any money, currency, note, security or other consideration
paid by the purchaser for a membership camping
agreement.			&#8220;Purchaser&#8221; means a person who enters into a membership
camping contract with the membership camping operator.			&#8220;Ratio of
membership camping contracts to camping sites&#8221; means the total number of
membership camping contracts sold in relation to each available camping
site.			&#8220;Reciprocal program&#8221; 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.			&#8220;Salesperson&#8221; 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 sales person without making any direct sales
presentation.

HISTORY: 1985, c. 409; 1989, c. 676; 1992, c. 545; 1999, c. 77.