{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-333.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-333.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-333.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-333.html"}],"law_id":79622,"edition_id":1,"section_id":79622,"structure_id":13388,"section_number":"59.1-333","catch_line":"Nondisturbance provisions","history":"1985, c. 409.","full_text":"With respect to any property in this Commonwealth acquired and put into operation by a membership camping operator after July 1, 1985, the membership camping operator shall neither offer nor execute a membership camping contract in this Commonwealth granting the right to use such property until:\n\n1\n\nEach person holding an interest in a blanket encumbrance shall have executed and delivered a nondisturbance agreement which includes the following provisions: (i) that the rights of the owner or owners of the blanket encumbrance in the affected campground are subordinate to the rights of purchasers, and (ii) that any person who acquires the affected campground or any portion thereof by the exercise of any right of sale or foreclosure contained in such agreement shall take the same subject to the rights of the purchasers, and (iii) that the owner or owners of the blanket encumbrance shall not use or cause the property to be used in any manner which interferes with the right of the purchasers to use the campground and its facilities in accordance with the terms and conditions of the membership camping contract. Such agreement shall be recorded in the clerk’s office of the circuit court in which the property is located; and2\n\nEvery financial institution providing a major hypothecation loan to the membership camping operator (the “hypothecation lender”) which has a lien on, or security interest in the membership camping operator’s ownership interest in the campground shall have executed and delivered a nondisturbance agreement and recorded such agreement in the clerk’s office of the circuit court in which the campground is located. In addition, each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender shall have executed, delivered and recorded an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty days to cure, any default under the blanket encumbrance before such person commences any foreclosure action affecting the campground. For the purposes of this provision, a major hypothecation loan to a membership camping operator is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator’s sale of membership camping contracts; or3\n\nThere shall have been delivered to and accepted by the Commissioner a surety bond or letter of credit satisfying the following requirements: The surety bond or letter of credit shall be issued to the Commissioner for the benefit of purchasers and shall be in an amount which is not less than 105 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance affecting the campground. Such bond shall be issued by a surety authorized to do business in this Commonwealth and having sufficient net worth to satisfy the indebtedness. Such letter of credit shall be irrevocable and shall be drawn upon a bank, savings and loan, or financial institution and shall be in form and content acceptable to the Commissioner. The bond or letter of credit shall provide for payment of all amounts secured by the blanket encumbrance, including costs, expenses, and legal fees of the lien holder, if for any reason the blanket encumbrance is enforced. The bond or letter of credit may be reduced at the option of the membership camping operator periodically in proportion to the reductions of the amounts secured by the blanket encumbrance.4\n\nThe nondisturbance agreement may be amended provided the provisions of this section are not diminished or altered by the amendment.","order_by":null,"text":{"0":{"id":285302,"text":"With respect to any property in this Commonwealth acquired and put into operation by a membership camping operator after July 1, 1985, the membership camping operator shall neither offer nor execute a membership camping contract in this Commonwealth granting the right to use such property until:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":285303,"text":"Each person holding an interest in a blanket encumbrance shall have executed and delivered a nondisturbance agreement which includes the following provisions: (i) that the rights of the owner or owners of the blanket encumbrance in the affected campground are subordinate to the rights of purchasers, and (ii) that any person who acquires the affected campground or any portion thereof by the exercise of any right of sale or foreclosure contained in such agreement shall take the same subject to the rights of the purchasers, and (iii) that the owner or owners of the blanket encumbrance shall not use or cause the property to be used in any manner which interferes with the right of the purchasers to use the campground and its facilities in accordance with the terms and conditions of the membership camping contract. Such agreement shall be recorded in the clerk’s office of the circuit court in which the property is located; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":285304,"text":"Every financial institution providing a major hypothecation loan to the membership camping operator (the “hypothecation lender”) which has a lien on, or security interest in the membership camping operator’s ownership interest in the campground shall have executed and delivered a nondisturbance agreement and recorded such agreement in the clerk’s office of the circuit court in which the campground is located. In addition, each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender shall have executed, delivered and recorded an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty days to cure, any default under the blanket encumbrance before such person commences any foreclosure action affecting the campground. For the purposes of this provision, a major hypothecation loan to a membership camping operator is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator’s sale of membership camping contracts; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":285305,"text":"There shall have been delivered to and accepted by the Commissioner a surety bond or letter of credit satisfying the following requirements: The surety bond or letter of credit shall be issued to the Commissioner for the benefit of purchasers and shall be in an amount which is not less than 105 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance affecting the campground. Such bond shall be issued by a surety authorized to do business in this Commonwealth and having sufficient net worth to satisfy the indebtedness. Such letter of credit shall be irrevocable and shall be drawn upon a bank, savings and loan, or financial institution and shall be in form and content acceptable to the Commissioner. The bond or letter of credit shall provide for payment of all amounts secured by the blanket encumbrance, including costs, expenses, and legal fees of the lien holder, if for any reason the blanket encumbrance is enforced. The bond or letter of credit may be reduced at the option of the membership camping operator periodically in proportion to the reductions of the amounts secured by the blanket encumbrance.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":285306,"text":"The nondisturbance agreement may be amended provided the provisions of this section are not diminished or altered by the amendment.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13388,"edition_id":1,"name":"Protection of Purchasers","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13387,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":260813,"object_type":"structure","relational_id":13388,"identifier":"3","token":"59.1\/25\/3","url":"\/59.1\/25\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13387,"edition_id":1,"name":"Virginia Membership Camping Act","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":260739,"object_type":"structure","relational_id":13387,"identifier":"25","token":"59.1\/25","url":"\/59.1\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54360,"structure_id":13388,"section_number":"59.1-326","catch_line":"Membership camping operator's disclosure statement","url":"\/59.1-326\/","token":"59.1\/25\/3\/59.1-326","metadata":false},{"id":69391,"structure_id":13388,"section_number":"59.1-327","catch_line":"Purchaser's rights","url":"\/59.1-327\/","token":"59.1\/25\/3\/59.1-327","metadata":false},{"id":73946,"structure_id":13388,"section_number":"59.1-328","catch_line":"Membership camping contracts","url":"\/59.1-328\/","token":"59.1\/25\/3\/59.1-328","metadata":false},{"id":71765,"structure_id":13388,"section_number":"59.1-329","catch_line":"Escrow and bonding","url":"\/59.1-329\/","token":"59.1\/25\/3\/59.1-329","metadata":false},{"id":62272,"structure_id":13388,"section_number":"59.1-330","catch_line":"Repealed","url":"\/59.1-330\/","token":"59.1\/25\/3\/59.1-330","metadata":false},{"id":79035,"structure_id":13388,"section_number":"59.1-330.1","catch_line":"Noncomplying contract voidable","url":"\/59.1-330.1\/","token":"59.1\/25\/3\/59.1-330.1","metadata":false},{"id":79248,"structure_id":13388,"section_number":"59.1-330.2","catch_line":"Fraud rendering contract voidable","url":"\/59.1-330.2\/","token":"59.1\/25\/3\/59.1-330.2","metadata":false},{"id":58027,"structure_id":13388,"section_number":"59.1-331","catch_line":"Resale of memberships","url":"\/59.1-331\/","token":"59.1\/25\/3\/59.1-331","metadata":false},{"id":54608,"structure_id":13388,"section_number":"59.1-332","catch_line":"Conditions on offering items as an inducement to execute","url":"\/59.1-332\/","token":"59.1\/25\/3\/59.1-332","metadata":false},{"id":79622,"structure_id":13388,"section_number":"59.1-333","catch_line":"Nondisturbance provisions","url":"\/59.1-333\/","token":"59.1\/25\/3\/59.1-333","metadata":false}],"previous_section":{"id":54608,"structure_id":13388,"section_number":"59.1-332","catch_line":"Conditions on offering items as an inducement to execute","url":"\/59.1-332\/","token":"59.1\/25\/3\/59.1-332","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-333\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 409 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":260851,"object_type":"law","relational_id":79622,"identifier":"59.1-333","token":"59.1\/25\/3\/59.1-333","url":"\/59.1-333\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-333\/","token":"59.1\/25\/3\/59.1-333","dublin_core":{"Title":"Nondisturbance provisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-333","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

With respect to any property in this Commonwealth acquired and put into operation by a membership camping operator<\/span> after July 1, 1985, the membership camping operator<\/span> shall neither offer nor execute a membership camping contract<\/span> in this Commonwealth granting the right to use such property until:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each person<\/span> holding an interest in a blanket encumbrance<\/span> shall have executed and delivered a nondisturbance agreement<\/span> which includes the following provisions: (i) that the rights of the owner or owners of the blanket encumbrance<\/span> in the affected campground<\/span> are subordinate to the rights of purchasers<\/span>, and (ii) that any person<\/span> who acquires the affected campground<\/span> or any portion thereof by the exercise of any right of sale or foreclosure contained in such agreement shall take the same subject to the rights of the purchasers<\/span>, and (iii) that the owner or owners of the blanket encumbrance<\/span> shall not use or cause the property to be used in any manner which interferes with the right of the purchasers<\/span> to use the campground<\/span> and its facilities in accordance with the terms and conditions of the membership camping contract<\/span>. Such agreement shall be recorded in the clerk’s office of the circuit<\/span> court<\/span> in which the property is located; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Every financial institution providing a major hypothecation loan to the membership camping operator<\/span> (the “hypothecation lender”) which has a lien<\/span> on, or security interest in the membership camping operator<\/span>’s ownership interest in the campground<\/span> shall have executed and delivered a nondisturbance agreement<\/span> and recorded such agreement in the clerk’s office of the circuit<\/span> court<\/span> in which the campground<\/span> is located. In addition, each person<\/span> holding an interest in a blanket encumbrance<\/span> superior to the interest held by the hypothecation lender shall have executed, delivered and recorded an instrument stating that such person<\/span> shall give the hypothecation lender notice of, and at least thirty days to cure, any default<\/span> under the blanket encumbrance<\/span> before such person<\/span> commences any foreclosure action affecting the campground<\/span>. For the purposes of this provision, a major hypothecation loan to a membership camping operator<\/span> is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator<\/span>’s sale of membership camping contracts<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> There shall have been delivered to and accepted by the Commissioner<\/span> a surety<\/span> bond<\/span> or letter of credit satisfying the following requirements: The surety<\/span> bond<\/span> or letter of credit shall be issued to the Commissioner<\/span> for the benefit of purchasers<\/span> and shall be in an amount which is not less than 105 percent of the remaining principal balance of every indebtedness secured by a blanket encumbrance<\/span> affecting the campground<\/span>. Such bond<\/span> shall be issued by a surety<\/span> authorized to do business in this Commonwealth and having sufficient net worth to satisfy the indebtedness. Such letter of credit shall be irrevocable and shall be drawn upon a bank, savings and loan, or financial institution and shall be in form and content acceptable to the Commissioner<\/span>. The bond<\/span> or letter of credit shall provide for payment of all amounts secured by the blanket encumbrance<\/span>, including costs, expenses, and legal fees of the lien<\/span> holder<\/span>, if for any reason the blanket encumbrance<\/span> is enforced. The bond<\/span> or letter of credit may be reduced at the option of the membership camping operator<\/span> periodically in proportion to the reductions of the amounts secured by the blanket encumbrance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The nondisturbance agreement<\/span> may be amended provided the provisions of this section are not diminished or altered by the amendment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONDISTURBANCE PROVISIONS (\u00a7 59.1-333)\n\nWith respect to any property in this Commonwealth acquired and put into\noperation by a membership camping operator after July 1, 1985, the membership\ncamping operator shall neither offer nor execute a membership camping contract\nin this Commonwealth granting the right to use such property until:\n\n1. Each person holding an interest in a blanket encumbrance shall have executed\nand delivered a nondisturbance agreement which includes the following\nprovisions: (i) that the rights of the owner or owners of the blanket\nencumbrance in the affected campground are subordinate to the rights of\npurchasers, and (ii) that any person who acquires the affected campground or any\nportion thereof by the exercise of any right of sale or foreclosure contained in\nsuch agreement shall take the same subject to the rights of the purchasers, and\n(iii) that the owner or owners of the blanket encumbrance shall not use or cause\nthe property to be used in any manner which interferes with the right of the\npurchasers to use the campground and its facilities in accordance with the terms\nand conditions of the membership camping contract. Such agreement shall be\nrecorded in the clerk’s office of the circuit court in which the property\nis located; and\n\n2. Every financial institution providing a major hypothecation loan to the\nmembership camping operator (the “hypothecation lender”) which has a\nlien on, or security interest in the membership camping operator’s\nownership interest in the campground shall have executed and delivered a\nnondisturbance agreement and recorded such agreement in the clerk’s office\nof the circuit court in which the campground is located. In addition, each\nperson holding an interest in a blanket encumbrance superior to the interest\nheld by the hypothecation lender shall have executed, delivered and recorded an\ninstrument stating that such person shall give the hypothecation lender notice\nof, and at least thirty days to cure, any default under the blanket encumbrance\nbefore such person commences any foreclosure action affecting the campground.\nFor the purposes of this provision, a major hypothecation loan to a membership\ncamping operator is a loan or line of credit secured by substantially all of the\ncontracts receivable arising from the membership camping operator’s sale\nof membership camping contracts; or\n\n3. There shall have been delivered to and accepted by the Commissioner a surety\nbond or letter of credit satisfying the following requirements: The surety bond\nor letter of credit shall be issued to the Commissioner for the benefit of\npurchasers and shall be in an amount which is not less than 105 percent of the\nremaining principal balance of every indebtedness secured by a blanket\nencumbrance affecting the campground. Such bond shall be issued by a surety\nauthorized to do business in this Commonwealth and having sufficient net worth\nto satisfy the indebtedness. Such letter of credit shall be irrevocable and\nshall be drawn upon a bank, savings and loan, or financial institution and shall\nbe in form and content acceptable to the Commissioner. The bond or letter of\ncredit shall provide for payment of all amounts secured by the blanket\nencumbrance, including costs, expenses, and legal fees of the lien holder, if\nfor any reason the blanket encumbrance is enforced. The bond or letter of credit\nmay be reduced at the option of the membership camping operator periodically in\nproportion to the reductions of the amounts secured by the blanket encumbrance.\n\n4. The nondisturbance agreement may be amended provided the provisions of this\nsection are not diminished or altered by the amendment.\n\nHISTORY: 1985, c. 409.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}