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I have a paid membership in a Recreational Vehicle camp site.

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I have a paid membership in a Recreational Vehicle camp site. I signed a contract to pay $6000 for the use of this and other associated campsites throughout the country.
Due to physical disability, my wife and I can no longer travel the country to camp as was our original intention. I am 65 and my wife is 62.
I advised the manager at the end of February that due to medical problems we needed to cancel our membership.
After numerous conversations the campsite owners were adamant, stating regardless of the circumstances they would not release us from this contract.
The way I see it there is no "real property" there.
They provide a place to park my RV for a period of time (2 weeks max). and this is only if they are not full up. There are no reservations.
They threaten to ruin my credit if do not fulfill the full terms of the contract.
It's a 7 yr. term. Balance due $4000.(89.79 per mo.)
First of all, is this legal?
If legal, under “real property law”, what type of contract is it?
I live in new York state.
Thank you

AttorneyJohnJ :

Hello, I am a professional here to assist you. I appreciate your use of this service.

AttorneyJohnJ :

Please say Hello when you are ready to proceed

AttorneyJohnJ :

This is known as a membership camping contract under NY state law.

AttorneyJohnJ :

The following link is the chapter of law governing these campgrounds and your contract. See:

AttorneyJohnJ :

http://codes.lp.findlaw.com/nycode/GBS/31

AttorneyJohnJ :

The law requires that you receive a disclosure with specific information at the time of signing the contract.

AttorneyJohnJ :

For example, that you may cancel within three days of entering the contract.

AttorneyJohnJ :

Failure to provide the required notice may result in civil penalties.

AttorneyJohnJ :

All of this is included in the chapter I provided above.

AttorneyJohnJ :

The law does not state a member may terminate due to illness or any other reason. Beyond the three day cancellation period, the member is bound to the contract term. If the member breaches, they may face a civil suit to by the campground to recover damages.

AttorneyJohnJ :

You are paying for a license to use property under the contract. This is an enforceable obligation. There are exceptions such as if the campground breaches the contract first.

AttorneyJohnJ :

Also, while a creditor such as the campground may be able to file suit it may do no good.

AttorneyJohnJ :

Retirement payments such as Social Security cannot be reached even when such a creditor obtains a judgment. The ability to satisfy a judgment can be limited.

AttorneyJohnJ :

You may consider submitting a request for accommodation if you feel the facilities are lacking what you need to use the park due to a disability. In lieu of making such changes, the park may agree to mutually terminate the agreement.

AttorneyJohnJ :

Please follow-up with me when you are available.

AttorneyJohnJ :

I rely on excellent ratings and optional bonuses to provide this information. Please take a moment to leave a positive service rating.

AttorneyJohnJ :

Thank you and have a good day

AttorneyJohnJ :

I will await your follow-up

Customer: replied 4 years ago.

Thank you for your prompt response. I did not know that campgrounds had their own set of rules as far as NYS law goes.


 


Is this in anyway considered a "timeshare". If so they did not use that term anywhere in the contract. This is a violation of NYS law as per the Attorney Generals office.


 


I wanted to use this as leverage. If it is in no way a timeshare, then my question has been answered and I thank you for your time and information. Good day

This appears to be a campground membership contract which is not a timeshare. A timeshare is a distinct for of fractional ownership where as with a campground membership contract you are only granted a license to use property. You would not see the term "timeshare" used in reference to one of these campground memberships.

Please let me know if you need anything else and please take a moment to leave a positive service rating.

Thank you
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