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This entry was published on 2014-09-22
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SECTION 654-A
Cancellation of membership camping contracts
General Business (GBS) CHAPTER 20, ARTICLE 31
§ 654-a. Cancellation of membership camping contracts. 1. For the
purposes of this section the following terms shall have the following
meanings:

a. "adult care facility" shall have the same meaning as such term is
defined in subdivision twenty-one of section two of the social services
law, provided, however, that for the purposes of this section the term
"adult care facility" shall not include a shelter for adults;

b. "domestic partner" shall have the same meaning as such term is
defined in subdivision seven of section twenty-nine hundred
ninety-four-a of the public health law.

c. "residential health care facility" shall have the same meaning as
such term is defined in subdivision three of section twenty-eight
hundred one of the public health law; and

d. "shelter for adults" shall have the same meaning as such term is
defined in subdivision twenty-three of section two of the social
services law.

2. a. Upon the expiration of the cancellation period provided under
section six hundred fifty-four of this article, a purchaser of a
membership camping contract shall have the right to cancel such contract
under the following conditions:

(1) there is a material breach of contract by the membership
campground operator to provide the essential services and programs as
set forth and in the manner provided in the membership camping contract.
A natural disaster or phenomena, failure or shortage of electric power
or other source of energy, unauthorized or illegal acts, labor strikes
or disputes disrupting operations, or governmental, judicial, or law
enforcement actions shall not be a basis for cancellation, unless the
membership campground operator fails to diligently restore such services
and programs within a reasonable period of time; or

(2) the purchaser has relocated to a permanent residence not less than
five hundred miles from the campground or the location of any other
campground available to the purchaser pursuant to one or more reciprocal
programs outlined in the membership camping contract; or

(3) the purchaser, or the purchaser's spouse or domestic partner
currently resides in or is notified of and accepts the opportunity to
commence occupancy in an adult care facility or a residential health
care facility and the purchaser provides a copy of such notification or
proof of residency to the operator; or

(4) the purchaser or the purchaser's spouse or domestic partner
receives a written certification from a physician stating that the
purchaser or the purchaser's spouse or domestic partner is bedridden,
housebound, or similarly physically unable due to ailment or injury to
visit the campground and materially utilize any of the services and
programs as outlined in the membership camping contract, and such
condition is not expected to be temporary. The purchaser must provide a
copy of such certification to the operator; or

(5) the purchaser of a contract signed by more than one purchaser
provides to the operator a copy of any of the following, within six
months of its issuance, involving domestic violence by another signatory
of the same contract: (A) a valid domestic violence incident report form
as such term is defined in subdivision fifteen of section eight hundred
thirty-seven of the executive law; (B) a valid police report; (C) a
valid order of protection; or (D) a signed affidavit from a licensed
medical or mental health care provider, employee of a court acting
within the scope of his or her employment, social worker, a rape crisis
counselor as defined in section forty-five hundred ten of the civil
practice law and rules, or advocate acting on behalf of an agency that
assists domestic violence victims. Paragraph d of this subdivision shall
not apply to a purchaser canceling under this subparagraph. A claim for
termination under this subparagraph shall be made in good faith.
Termination under this subparagraph shall require, and the provision of
any of the items in (A) through (D) of this subparagraph, for the
purposes of this subparagraph, shall be presumptive evidence of the
continued existence of a substantial risk of physical or emotional harm
to the purchaser or purchaser's child.

b. When a purchaser cancels a contract pursuant to this subdivision
such purchaser shall be required to have paid the purchase price of his
or her membership in full, as well as all outstanding fees, dues, or any
other payments due at the time of cancellation and for ninety days
thereafter. However, if all of the purchasers who signed the contract
die, the relevant estate or estates shall be relieved of any further
obligation under the contract not then due and owing.

c. Written notification of the intent to cancel a membership
campground contract shall be signed by the purchaser or his or her
legally designated representative and delivered to the operator by
certified mail duly addressed to the operator. Such notification shall
include a written statement that certifies that the representations are
true and correct, and contain no material omissions of fact to the best
knowledge and belief of the person submitting the certification.

d. In the event that the membership campground contract is signed by
more than one purchaser, and one or more purchasers meet the
requirements to cancel pursuant to this subdivision, every purchaser
under the contract shall have the right to cancel the contract provided
the other purchaser or purchasers so notify the operator by signing and
delivering, at the same time, the same cancellation notice required by
paragraph c of this subdivision signed by the purchaser or purchasers
meeting the cancellation requirements, in which case all such purchaser
or purchasers who sign the cancellation notice shall be relieved of any
further obligation under the contract except for those obligations
outlined in paragraph b of this subdivision.