As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 390 (NEW).]
1. Blanket encumbrance. “Blanket encumbrance” means 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 granted by the membership camping operator which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this State which are made available to purchasers by the membership camping operator, or any portion thereof, and which authorizes, permits or requires the foreclosure or other disposition of the campground affected.

[PL 1985, c. 390 (NEW).]

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Terms Used In Maine Revised Statutes Title 33 Sec. 589

  • Blanket encumbrance: means 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 granted by the membership camping operator which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this State which are made available to purchasers by the membership camping operator, or any portion thereof, and which authorizes, permits or requires the foreclosure or other disposition of the campground affected. See Maine Revised Statutes Title 33 Sec. 589
  • Campground: means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts. See Maine Revised Statutes Title 33 Sec. 589
  • Camping site: means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper or other similar device used for camping. See Maine Revised Statutes Title 33 Sec. 589
  • 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.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Membership camping contract: means an agreement offered or sold within the State evidencing a purchaser's right or license to use the camping or outdoor recreation facilities of a membership camping operator in each of 3 or more years, including renewal options. See Maine Revised Statutes Title 33 Sec. 589
  • Membership camping contract broker: means a person who resells a membership camping contract to a new purchaser on behalf of the prior purchaser. See Maine Revised Statutes Title 33 Sec. 589
  • Membership camping operator: means any person who offers camping or outdoor recreational opportunities through the use of camping sites and who solicits membership camping contracts paid for in cash, by installment or periodic payments, including annual fees, by which the purchasers of memberships obtain the right to use camping sites or other camping or recreational facilities of the membership camping operator. See Maine Revised Statutes Title 33 Sec. 589
  • 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.
  • Person: means any individual, corporation, partnership, trust, association or other organization. See Maine Revised Statutes Title 33 Sec. 589
  • Purchaser: means a person who enters into a membership camping contract and obtains the right to use the facilities of a membership camping operator. See Maine Revised Statutes Title 33 Sec. 589
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reciprocal program: means any arrangement 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. See Maine Revised Statutes Title 33 Sec. 589
  • sell: means entering into, or other disposition, of a membership camping contract for value, but the term of value does not include a fee to offset the reasonable costs of transfer of a membership camping contract. See Maine Revised Statutes Title 33 Sec. 589
  • Seller: means a membership camping operator. See Maine Revised Statutes Title 33 Sec. 589
2. Campground. “Campground” means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts.

[PL 1985, c. 390 (NEW).]

3. Camping site. “Camping site” means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper or other similar device used for camping.

[PL 1985, c. 390 (NEW).]

4. Membership camping contract. “Membership camping contract” means an agreement offered or sold within the State evidencing a purchaser’s right or license to use the camping or outdoor recreation facilities of a membership camping operator in each of 3 or more years, including renewal options.

[PL 1985, c. 390 (NEW).]

5. Membership camping contract broker. “Membership camping contract broker” means a person who resells a membership camping contract to a new purchaser on behalf of the prior purchaser. “Membership camping contract broker” does not include a membership camping operator or his agent.

[PL 1985, c. 390 (NEW).]

6. Membership camping operator. “Membership camping operator” means any person who offers camping or outdoor recreational opportunities through the use of camping sites and who solicits membership camping contracts paid for in cash, by installment or periodic payments, including annual fees, by which the purchasers of memberships obtain the right to use camping sites or other camping or recreational facilities of the membership camping operator. “Membership camping operator” does not include manufactured housing communities as defined in Title 10, section 9081. A membership camping operator is not a landlord pursuant to the landlord and tenant laws as provided in Title 14.

[PL 2017, c. 210, Pt. B, §40 (AMD).]

7. Person. “Person” means any individual, corporation, partnership, trust, association or other organization.

[PL 1985, c. 390 (NEW).]

8. Purchaser. “Purchaser” means a person who enters into a membership camping contract and obtains the right to use the facilities of a membership camping operator. A purchaser is not a tenant pursuant to the landlord and tenant laws as provided in Title 14.

[PL 2013, c. 209, §5 (AMD).]

9. Reciprocal program. “Reciprocal program” means any arrangement 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.

[PL 1985, c. 390 (NEW).]

10. Sale or sell. “Sale” or “sell” means entering into, or other disposition, of a membership camping contract for value, but the term of value does not include a fee to offset the reasonable costs of transfer of a membership camping contract.

[PL 1985, c. 390 (NEW).]

11. Seller. “Seller” means a membership camping operator.

[PL 1985, c. 390 (NEW).]

SECTION HISTORY

PL 1985, c. 390 (NEW). PL 2013, c. 209, §5 (AMD). PL 2017, c. 210, Pt. B, §40 (AMD).