1. A contract of membership may not be executed unless the developer has provided satisfactory evidence to the Administrator that:
(a) The campground is free and clear of any blanket encumbrances;
(b) Each person who holds an interest in a blanket encumbrance affecting the campground has executed an agreement, approved by the Administrator, to subordinate his or her right to the rights of the member;
(c) The developer has obtained and recorded a binding agreement acceptable to the Administrator, executed by the developer and all holders of a blanket encumbrance which provides that the holder’s rights are subordinate to the rights of subsequent purchasers and that the holder, his or her successors and assigns, and any person who acquires the property through foreclosure or by deed in lieu of foreclosure of the blanket encumbrance, take the property subject to the rights of purchasers provided in the contract of membership; or
(d) Title to the campground has been conveyed to a trustee pursuant to the provisions of this chapter.
2. If the interest of the developer is a leasehold interest, the lease, unless otherwise required by the Administrator, must provide that:
(a) If an association has been formed, the lessor shall give notice of termination of the lease for any default by the lessee to the association and the individual members; and
(b) The lessor, upon the bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as the lease with the developer.
The Administrator may require the developer to execute a bond or other type of security to ensure the payment of the rental obligation.
3. In lieu of the requirements set forth in subsections 1 and 2, alternative arrangements may be made if they are adequate to protect the rights of the members and are approved by the Administrator.
4. As used in this section, "blanket encumbrance" means a mortgage, deed of trust, option to purchase, mechanic’s lien, vendor’s lien or interest under a contract or agreement of sale, judgment lien, federal or state tax lien, or other lien or encumbrance which secures or evidences the obligation to pay money or to sell or convey any property made available to purchasers by the developer, or any portion thereof, and which authorizes, permits or requires the foreclosure or other disposition of the property affected, except a lien for taxes or assessments levied by a public authority which are not yet due.
(Added to NRS by 1985, 1669)
Structure Nevada Revised Statutes
Chapter 119B - Memberships in Campgrounds
NRS 119B.020 - "Administrator" defined.
NRS 119B.030 - "Affiliate" defined.
NRS 119B.040 - "Broker of record" defined.
NRS 119B.050 - "Campground" defined.
NRS 119B.060 - "Camping site" defined.
NRS 119B.070 - "Developer" defined.
NRS 119B.073 - "Division" defined.
NRS 119B.080 - "Membership" defined.
NRS 119B.090 - "Offer" defined.
NRS 119B.095 - "Public offering statement" defined.
NRS 119B.100 - "Purchaser" defined.
NRS 119B.110 - Regulations; professional consultants.
NRS 119B.120 - Applicability; exemptions.
NRS 119B.130 - Application: Form; contents.
NRS 119B.140 - Application: Signature; cover page; fee; amendment.
NRS 119B.150 - Investigation of applicant.
NRS 119B.160 - Period for action on application.
NRS 119B.170 - Grounds for denial of application or suspension or revocation of permit.
NRS 119B.180 - Hearing on denial of application; expiration of order of denial.
NRS 119B.190 - Hearing on suspending, revoking or imposing conditions upon permit.
NRS 119B.200 - Renewal; creation and maintenance of website; fees.
NRS 119B.205 - Requirement to notify Division in writing of certain convictions.
NRS 119B.215 - Disciplinary action for failure to pay money to Division.
NRS 119B.220 - Offer or sale of membership without permit and broker prohibited.
NRS 119B.230 - Sales agents: Association with broker.
NRS 119B.240 - Encumbrances on campground; requirements if developer holds leasehold interest.
NRS 119B.260 - Approval of advertisement or offering.
NRS 119B.280 - Right to cancel contract of sale.
NRS 119B.285 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119B.300 - Formation of association of members; incorporation; proxies.
NRS 119B.310 - Agreement for management of campground.
NRS 119B.320 - Annual budget; insurance; payment of assessments for unsold memberships.
NRS 119B.330 - Assessment upon membership; notice of assessment; liens.
NRS 119B.350 - Information to be furnished to purchasers by developer offering program.
NRS 119B.380 - Enforcement of chapter and protection of purchasers by Administrator.
NRS 119B.385 - Appointment of receiver.
NRS 119B.390 - Action by Real Estate Commission against broker.
NRS 119B.410 - Falsifying application; failure to submit annual report.
NRS 119B.420 - False or misleading advertising.
NRS 119B.430 - Unfair methods of competition; deceptive or unfair practices.