(a) Written disclosures, in any format the commissioner is satisfied accurately and clearly communicates the required information, which include:
(A) The name and address of the membership camping operator and any person who, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the membership camping operator;
(B) A brief description of the membership camping operator’s experience in the camping club business;
(C) A brief description of the nature of the purchaser’s right or license to use the campground or facilities;
(D) The location and a brief description of the significant facilities and recreation services then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any significant facilities or recreation services that are or will be available to nonpurchasers and the price to nonpurchasers therefor;
(E) A brief description of the membership camping operator’s ownership of or other right to use the campground facilities represented to be available for use by purchasers, together with a brief description of the duration of any lease, real estate contract, license franchise or other agreement entitling the membership camping operator to use the property, and any material provisions of the agreements which restrict a purchaser’s use;
(F) A brief description of any material encumbrance, including any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance that secures or evidences the obligation to pay money or to sell or convey, or which authorizes or requires the foreclosure or other disposition of the campground affected;
(G) A brief description of any reciprocal agreement allowing purchasers to use camping sites, facilities or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract;
(H) A summary or copy of the articles, bylaws, rules, restrictions or covenants regulating the purchaser’s use of each campground, the facilities located on each property, and any recreation services provided, including a statement of whether and how the articles, bylaws, rules, restrictions or covenants may be changed;
(I) A brief description of all payments of a purchaser under a membership camping contract, including initial fees and any further fees, charges or assessments, together with any provisions for changing the payments;
(J) A description of any restraints on the transfer of membership camping contracts;
(K) A brief description of the policies relating to the availability of camping sites and whether reservations are required;
(L) A brief description of the membership camping operator’s right to change or withdraw from use all or a portion of the campgrounds or facilities and the extent to which the membership camping operator is obliged to replace facilities or campgrounds withdrawn;
(M) A brief description of any grounds for forfeiture of a purchaser’s membership camping contract; and
(N) A copy of the membership camping contract form;
(b) A statement of the total number of membership camping contracts then in effect, both within and without this state; and a statement of the total number of membership camping contracts intended to be sold, both within and without this state, together with a commitment that the total number will not be exceeded unless disclosed by amendment to the registration;
(c) If the campground or campgrounds owned or being purchased by the membership camping operator at the time of registration are campgrounds on which the membership camping operator or another membership camping operator previously registered a membership camping contract with the State of Oregon and sold memberships under the registered contract and thereafter went out of business or filed for bankruptcy, the new membership camping operator shall file with the commissioner at the time of registration a detailed plan whereunder all membership purchasers from the prior membership camping operator or operators for the campground or campgrounds will be offered memberships by the new membership camping operator despite any rejection or cancellation of the previous contracts during bankruptcy proceedings of the prior membership camping operator or operators. Procedures for written notice to the purchasers and the material terms and conditions of membership offered by the new campground operator shall be included in the detailed plan filed with the commissioner. The material terms and conditions including but not limited to price and terms of payment offered by the new campground operator or operators shall not be materially less favorable than the material terms and conditions offered to new purchasers; and
(d) Any other material information the commissioner may, by rule or order, require for the protection of the purchasers.
(2) The application shall be signed by the membership camping operator, an officer or general partner of the membership camping operator or by another person holding a power of attorney for such purpose from the membership camping operator. If the application is signed pursuant to a power of attorney, a copy of the power of attorney shall be included with the application.
(3) The application shall be submitted with the registration fee.
(4) An application for registration to offer or sell membership camping contracts shall be amended when a material change from the information previously filed occurs. Such amendment shall be filed with the commissioner within 10 days after the membership camping operator knows of such change.
(5) In place of the disclosures required with the application for registration, the commissioner may accept a public report or other disclosure from another state in which the membership camping operator has registered. [1985 c.639 §3; 1991 c.377 §7]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 094 - Real Property Development
Section 94.504 - Development agreements; contents; duration; effect on affordable housing covenants.
Section 94.508 - Approval by governing body; findings; adoption.
Section 94.513 - Procedures on consideration and approval.
Section 94.518 - Application of local government law and policies to agreement.
Section 94.522 - Amendment or cancellation of agreement; enforceability.
Section 94.531 - Severable development interest in real property; transferable development credit.
Section 94.534 - Policy on transferable development credit systems.
Section 94.536 - Definitions for ORS 94.536 and 94.538.
Section 94.538 - Transferable development credit systems.
Section 94.550 - Definitions for ORS 94.550 to 94.783.
Section 94.560 - Legislative findings.
Section 94.570 - Applicability of ORS 94.550 to 94.783.
Section 94.580 - Declaration; recordation; contents.
Section 94.590 - Amendment of declaration by owners.
Section 94.600 - Declarant control of association.
Section 94.604 - Transitional advisory committee.
Section 94.609 - Notice of meeting to turn over administrative responsibility.
Section 94.616 - Turnover meeting; transfer of administration; receivership.
Section 94.622 - Obligations and liabilities arising from transfer of special declarant rights.
Section 94.623 - Acquisition of special declarant rights by successor declarant; exceptions.
Section 94.626 - Corporate dissolution of association.
Section 94.630 - Powers of association.
Section 94.635 - Association bylaws.
Section 94.639 - Criteria for board of directors membership.
Section 94.640 - Association board of directors; powers and duties; removal of director.
Section 94.641 - Assent of director to board action.
Section 94.644 - Meetings of board of directors; notice; executive sessions.
Section 94.645 - Adoption of annual budget.
Section 94.650 - Meetings of lot owners; notice.
Section 94.652 - Electronic notice to owner or director.
Section 94.655 - Quorum for association meetings.
Section 94.657 - Rules of order.
Section 94.658 - Voting or granting consent.
Section 94.660 - Method of voting or consenting.
Section 94.661 - Electronic ballot.
Section 94.665 - Authority of association to sell, transfer, convey or encumber common property.
Section 94.667 - Recording association information with county clerk.
Section 94.671 - Application of ORS 94.670 (5).
Section 94.673 - When compliance with specified provisions of ORS 94.640 and 94.670 required.
Section 94.675 - Insurance for common property; fidelity bond coverage.
Section 94.676 - Insurance deductible for certain planned communities.
Section 94.680 - Blanket all-risk insurance.
Section 94.685 - Specification of insurance for individual lots.
Section 94.704 - Assessment and payment of common expenses.
Section 94.728 - Taxation of lots and common property.
Section 94.761 - Legislative findings regarding electric vehicle charging stations.
Section 94.762 - Electric vehicle charging stations.
Section 94.763 - Association use of pesticides on lots; notice to owners; owner opt out.
Section 94.764 - Changes or actions that require approval or consent of mortgagee.
Section 94.775 - Judicial partition of lots.
Section 94.776 - Development and division of lots; allocations for newly created lots.
Section 94.778 - Prohibition against installation of solar panels void and unenforceable.
Section 94.803 - Definitions for ORS 94.803 and 94.807 to 94.945.
Section 94.806 - Legislative finding.
Section 94.808 - Managing entity as taxpayer.
Section 94.809 - Valuation of timeshare property; exclusions from value.
Section 94.813 - Character of timeshare estates.
Section 94.816 - Partition prohibited; exception.
Section 94.818 - Recording of timeshare instrument; payments required.
Section 94.821 - Content of timeshare instrument.
Section 94.823 - Notice of intent to sell timeshares; form and content; rules.
Section 94.826 - Information on exchange program; content; rules.
Section 94.828 - Public report on plan.
Section 94.829 - Sale not allowed before issuance of public report; distribution and uses of report.
Section 94.831 - Filing fees; inspection advance payment; disposition of moneys.
Section 94.833 - Sale of timeshare plan located out-of-state.
Section 94.836 - Cancellation of purchase within five days.
Section 94.839 - Notice of cancellation right.
Section 94.843 - Limits on developer right to transfer.
Section 94.846 - Designation of managing entity; duties and powers of entity.
Section 94.848 - How managing entity of developer terminated.
Section 94.853 - Payment of common expenses.
Section 94.858 - Owners’ association; powers and duties.
Section 94.863 - Developer’s duty to managing entity.
Section 94.867 - Judicial declaration of failure in management.
Section 94.869 - Insurance coverage.
Section 94.871 - When purchase money agreement prohibited; escrow requirements.
Section 94.873 - Escrow account; closing; release.
Section 94.876 - Requirements for closing escrow.
Section 94.878 - Duties of escrow agent.
Section 94.881 - Who may serve as escrow agent.
Section 94.885 - Rights of lienholder.
Section 94.890 - Lien payment trust; payments; delinquencies.
Section 94.895 - Trust irrevocable without alternative arrangement.
Section 94.900 - Alternative to lien payment trust.
Section 94.915 - Inspection of records; rules; uniform standards.
Section 94.920 - Consent to service by out-of-state developer.
Section 94.925 - Civil penalty.
Section 94.930 - Commissioner order; injunctive relief.
Section 94.940 - False practices prohibited.
Section 94.953 - Definitions for ORS 94.953 to 94.989.
Section 94.959 - Application for registration.
Section 94.962 - Exemptions from registration.
Section 94.965 - Effective date of registration.
Section 94.968 - Denial, suspension and revocation of registration; other sanctions.
Section 94.974 - Written disclosures required; procedures; inspection of records.
Section 94.975 - False practices prohibited.
Section 94.976 - Advertising regulation.
Section 94.977 - Registration as salesperson or broker.
Section 94.980 - Application for registration; fee.
Section 94.983 - Cancellation of contract by purchaser; notice of right to cancel.
Section 94.986 - Requirements for sale of membership camping contract; nondisturbance agreements.
Section 94.987 - Judicial declaration of failure in management.