Virginia Code 59.1-329: Escrow and bonding
A. All purchase money received from or on behalf of a purchaser in connection with the execution of a membership camping contract shall be deposited in an escrow or trust account designated solely for that purpose, which may be the membership camping operator‘s own escrow or trust account or that of his attorney’s, until the expiration of the time for cancellation has expired unless a later time is provided in the membership camping contract. If the contract has not been canceled, any purchase money received from a purchaser may be released to the membership camping operator upon:
Terms Used In Virginia Code 59.1-329
- Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
- Campground: means any single tract or parcel of real property on which there are at least ten camping sites. See Virginia Code 59.1-313
- Commissioner: means the Commissioner of the Virginia Department of Agriculture and Consumer Services, or a member of his staff to whom he has delegated his duties under this chapter. See Virginia Code 59.1-313
- Contract: A legal written agreement that becomes binding when signed.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Membership camping operator: means any person who is in the business of soliciting, offering, advertising, or executing membership camping contracts. See Virginia Code 59.1-313
- Purchase money: means any money, currency, note, security or other consideration paid by the purchaser for a membership camping agreement. See Virginia Code 59.1-313
- Purchaser: means a person who enters into a membership camping contract with the membership camping operator. See Virginia Code 59.1-313
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
1. The conveying to the purchaser of the title to, interest in, or right or license to use the campground and facilities as required in the membership camping contract; or
2. The forfeiture of the purchase money by the purchaser under the terms of the membership camping contract.
B. In lieu of the obligations imposed by subsection A, the membership camping operator may file and maintain with the Commissioner a surety bond issued in favor of the Commissioner for the benefit of purchasers insuring the escrow of the purchase money until such time as it may be released as outlined in subsection A. Such bond may not be canceled until thirty days after written notice of cancellation is received by the Commissioner. In lieu of such bond, the membership camping operator may post with the Commissioner an irrevocable letter of credit in a form and content acceptable to the Commissioner. The penalty of the bond or letter of credit shall be adjusted from time to time in accordance with the following schedule:
| a | TOTAL AMOUNT OF | |
| b | PURCHASE MONEY HELD | PENALTY OF BOND |
| c | 1. $0 to $200,000 | $50,000 |
| d | 2. $200,000 to $500,000 | $75,000 |
| e | 3. Over $500,000 | $100,000 |
C. The amount of purchase money paid by purchasers held at any one time by the membership camping operator shall not exceed the amount for which the operator is bonded or the letter of credit is issued in accordance with the schedule set forth in subsection B.
D. In addition to any bonding requirements contained in this section, the membership camping operator shall file and maintain with the Commissioner a payment and performance bond with surety issued in favor of the Commissioner for the benefit of the purchasers and which guarantees the completion of all incomplete or planned facilities constructed or to be constructed in this Commonwealth as outlined or listed in either the membership camping contract or the membership camping operator’s disclosure statement. The bond may not be canceled until thirty days after written notice of cancellation is received by the Commissioner. In lieu of the bond the membership camping operator may post with the Commissioner an irrevocable letter of credit. The surety bond or letter of credit shall be in a form and content acceptable to the Commissioner. The penalty of the bond or letter of credit shall be in an amount equal to the cost of completing the incomplete or planned facilities as of the date of its issuance or as of the membership camping operator’s application for continued registration date as provided in § 59.1-320.1, whichever is later.
1985, c. 409; 1992, c. 545.