North Carolina General Statutes 66-232. Definitions
For purposes of this Article the following definitions apply:
(1) “Agreement” means a membership camping agreement.
Terms Used In North Carolina General Statutes 66-232
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(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 “timeshare instrument” as defined in N.C. Gen. Stat. § 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 N.C. Gen. Stat.; 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; 2021-163, s. 2(c).)