Legal Question in Credit and Debt Law in Virginia

annual membership fees

My husband & I purchased a campground membership with annual maintenance fees. The membership has been paid in full. We have since divorced and I have written letters requesting cancellation of the membership. I continue to be billed for annual fees. Membership has not been utilized in over 7 years. Last annual fees were paid in 1998 or 1999. Am I still liable for annual fees and how can I cancel. The membership was jointly owned.


Asked on 7/22/03, 9:42 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: annual membership fees

first, read your contract and see what that says; secondly, take a look at this excerpt from the Virginia Membership Camping Act (note requirement of cancellation notice to be sent by certified mail):

Virginia Code � 59.1-327

A. ...

B. In addition to the rights afforded the purchaser contained in subsection A of this section, the purchaser and any successor in interest shall not be held liable for any maintenance fees, dues, and assessments succeeding the effective date of notification pursuant to subdivision 2 of this subsection, if:

1. The purchaser or his successor in interest relinquishes any and all interest in the membership camping contract to the membership camping operator or his assigns; and

2. The purchaser or his successor in interest notifies the membership camping operator or his assigns, in writing, by certified mail, return receipt requested, of his relinquishment. The notice shall be deemed effective:

a. Eighteen months after the notice is mailed provided the membership camping contract is no less than fifty-four months old; and

b. If and only if the principal and interest payments, the membership fees, dues, and assessments and all other financial obligations owed by the purchaser, or his successor in interest, under the membership camping contract are paid in full as of the date of mailing; and

c. The relinquishment contained in subdivision B 1 shall be in the form of a recordable deed, duly executed and properly notarized, or other form found acceptable to the membership camping operator accompanied by a fee sufficient to record the deed.

C. If the notice complies with subsection B of this section concerning avoiding further payments of membership fees, dues, and assessments, the membership camping operator shall confirm, in writing, receipt of the notice within ten days after its receipt. If the notice does not comply with subsection B of this section, the membership camping operator or his assigns shall inform the purchaser or his successors in interest, in writing, within ten days after its receipt, of the specific reasons why the notice does not comply.

D. All moneys collected by the membership camping operator pursuant to the membership camping contract prior to notification by the purchaser or his successor in interest pursuant to subsection B of this section shall remain the property of the membership camping operator.

E. Upon satisfaction of all provisions of subsection B of this section, the purchaser or his successor in interest shall have no rights or obligations under the membership camping contract and the membership camping operator or his assigns shall make no claims against the purchaser or his successor in interest thereunder. (1985, c. 409; 1992, c. 545.)

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Answered on 7/22/03, 9:56 am


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