NJ Campgrounds What the Heck!!!!!

Bones

Well-known member
So I was browsing some NJ campgrounds and I noticed that the campground has this special lien provision. The way I read the law they are automatically placing a lien on your equipment as soon as you arrive and reserve the right to sell your stuff to satisfy the payment if so be it and so on. If anyone has had experience with this could you please educate me a little better. I don't see where anyone would have the right to automatically place a lien on your equipment for staying there only a couple of days.

I don't like this..

"New Jersey Campground Facilities Act – NJSA 5:16-3a The owner of a campground facility or the owner’s heirs, successors or assignees shall have a lien upon all personal property located at a campground facility, for rent, labor or other reasonable charges due as specified in the rental agreement, and for expenses reasonably incurred in any sale executed under this act. The lien provided for in this section is superior to any other lien or security interest, except those prior liens as to which the occupant has notified the owner in writing. The lien shall attach as of the date the personal property is brought to the campground facility The owner may retain the personal property until such time as the lien is satisfied or the personal property is sold at auction. NJSA 5:16-7b.(1) A campground facility owner may remove or cause to be removed by a law enforcement officer any person refusing to pay registration or visitor’s fees or any person who willfully denies other persons their right to quiet enjoyment of the campground facility, or any person who violates any local, county or state law."

I found this on one rules and regulations site.
 

danemayer

Well-known member
Sounds like New Jersey enacted law so that the campground owner can recover lost income by selling your trailer or stuff if you stiff them. And the way it's worded, they may not have to even file paperwork or go to court to collect. Since most campgrounds collect money on arrival for short term stays, this probably primarily addresses long term renters. It gives the owner recourse if you fail to pay for month 2 and beyond.
 

Bones

Well-known member
Sounds like New Jersey enacted law so that the campground owner can recover lost income by selling your trailer or stuff if you stiff them. And the way it's worded, they may not have to even file paperwork or go to court to collect. Since most campgrounds collect money on arrival for short term stays, this probably primarily addresses long term renters. It gives the owner recourse if you fail to pay for month 2 and beyond.
I can see that but automatically placing the lien upon your arrival and supposedly it trumps any previous lien like your loan if you don't notify them of the loan. I think I'm just missing something I hope.
 

danemayer

Well-known member
I suppose the owner could make a mistake and sell your trailer while you're out for the day. It kind of makes New Jersey less attractive to visitors.
 

Bones

Well-known member
I suppose the owner could make a mistake and sell your trailer while you're out for the day. It kind of makes New Jersey less attractive to visitors.
That is exactly what I am thinking. It's like they are getting ownership of your property just for staying a few nights and if you tick them off they sell your stuff with no recourse. That might be extreme but it is exactly how I am reading the regs
 

Bohemian

Well-known member
This looks just like a "mechanics lien." No lien is filed. It is a part of the standard contract of use of the facilities.
 

Bones

Well-known member
You still have to file for a mechanics lien and prove it. Here you don't it's appears to be automatic
 

Bones

Well-known member
When you leave, do get a lien release?? I think you would have to.
That is what I am thinking. instead of just rolling out you would have to stop in the office and receive a piece of paper signed stating the release of the lien.
 

Westwind

Well-known member
Wouldn't a receipt for your stay accomplish that? I would think they would also have to have a signed agreement for the dates of the stay that they didn't ge reimbursed for.
My sister lived in NJ for years and we tried a couple of times to find a campground to stay in near them, although there were 2 or 3 they never impressed us.
 

Bones

Well-known member
So I wanted to bring this around again and ask if anyone who has stayed in NJ recently had to sign paperwork stating a lien of any sort or if this information is outdated
 

chaplady

Well-known member
Stayed at 4 seasons latter part of last year did not have to sign any paperwork. Just paid for days upfront like most campgrounds.
 

porthole

Retired
"shall have a lien upon all personal property located at a campground facility for rent"


Are you renting your personal property?

The whole statute is lengthy and wordy as most laws are.

I googled "New Jersey Campground Facilities Act – NJSA 5:16-3 and was not surprised to see Bakers Acres come up. Small, congested, almost all seasonal, ratty RV's. There is not even enough room to drive a dually through most of the campground.

Since it is diffulcut to find the stature, here it is:

5:16-1 Short title.

1.This act shall be known and may be cited as the "Campground Facilities Act."
L.1999,c.299,s.1.

5:16-2 Definitions relative to campground facilities.
2.As used in this act:
a."Last known address" means the address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of change of address.
b."Occupant" means a person, the person's sublessee, successor or assignee entitled to the use of a campground facility or a portion thereof under a rental agreement to the exclusion of others.
c."Owner" means the proprietor, operator, lessor, sublessor or owner of a campground facility, the owner's agent or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement.
d."Personal property" means property, located at the campground facility, not affixed to the land and including but not limited to goods, merchandise, household items, trailers, boats, campers, tents and the contents thereof.
e."Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a campground facility or any portion thereof.
f."Campground facility" means any real property designed and used for the purpose of renting or leasing individual portions thereof to occupants who are to have access for the purpose of camping and the recreation associated therein.
L.1999,c.299,s.2.
5:16-3 Lien upon personal property located at campground facility.
3. a. The owner of a campground facility or the owner's heirs, successors or assignees shall have a lien upon all personal property located at a campground facility for rent, labor or other reasonable charges due as specified in the rental agreement, and for expenses necessary for its preservation or for expenses reasonably incurred in any sale executed under this act. The lien provided for in this section is superior to any other lien or security interest except those prior liens as to which the occupant has notified the owner in writing. The lien shall attach as of the date the personal property is brought to the campground facility. The owner may retain the personal property until such time as the lien is satisfied or the personal property is sold at auction.
b.The owner of the campground facility shall post and maintain in a conspicuous place a written notice which states that the owner of the campground facility has a lien on all personal property located at the campground facility for rent, labor or other reasonable charges due as specified in the rental agreement, and for expenses necessary for its preservation or for expenses reasonably incurred in any sale executed pursuant to the provisions of this act.
L.1999,c.299,s.3.
5:16-4 Enforcement of lien.
4.If charges under a rental agreement are more than 30 days overdue, the owner may enforce a lien as follows:
a.Notice shall be delivered to the occupant either in person or sent by certified mail to the last known address of the occupant.
b.The notice shall include:
(1)An itemized statement of the owner's claims showing the sum due at the time of the notice and the date when the sum became due;
(2)A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify the properties, except that any container, including but not limited, to a trunk, valise, box or trailer which is locked, fastened, sealed or tied in any manner which deters immediate access to its contents, may be described without listing its contents;
(3)A notice of denial of access to the personal property, if this denial is permitted under the terms of the rental agreement, which provides the name, street address, and telephone number of the owner or the owner's designated agent whom the occupant may contact to respond to this notice;
(4)A demand for payment within a specified time, not less than 14 days after delivery of notice; and
(5)A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify the time and place of the sale.
c.Any notice made pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service and properly addressed with postage prepaid.
L.1999,c.299,s.4.
5:16-5 Advertisement of sale.

5. a. After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the campground facility is located. The advertisement shall include:
(1)A brief and general description of the personal property adequate to permit its identification as provided for in section 4 of this act;
(2)The address of the campground facility and the number, if any, of the space or campsite where the personal property is located and the name of the occupant; and
(3)The time, place and the manner of the sale.
The sale shall take place not sooner than 15 days after the final publication.
b.If there is no newspaper of general circulation where the campground facility is located, the advertisement shall be posted at least ten days before the date of sale, in not less than six conspicuous places in the neighborhood where the campground facility is located.
L.1999,c.299,s.5.

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Bones

Well-known member
well your camper is personal property and I found this out when I was checking out the rules of this campground Timberlane. I don't think any campground should have the right to place a lien on your property for staying at their facility. Do you have a lien placed on you when you stay in a hotel?
 

porthole

Retired
you are not renting your personal property or do you plan on not paying for the site? As a transient, you pay in advance.
Seasonal renters are the issue
 

BudnDonna

Member
I live in NJ and do a lot of weekend camping in the state and have never seen this. ...

Sent from my SM-T700 using Tapatalk
 

OEFVET

Well-known member
"shall have a lien upon all personal property located at a campground facility for rent"



5:16-4 Enforcement of lien.
4.If charges under a rental agreement are more than 30 days overdue, the owner may enforce a lien as follows:
a.Notice shall be delivered to the occupant either in person or sent by certified mail to the last known address of the occupant.
b.The notice shall include:
(1)An itemized statement of the owner's claims showing the sum due at the time of the notice and the date when the sum became due;
(2)A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify the properties, except that any container, including but not limited, to a trunk, valise, box or trailer which is locked, fastened, sealed or tied in any manner which deters immediate access to its contents, may be described without listing its contents;
(3)A notice of denial of access to the personal property, if this denial is permitted under the terms of the rental agreement, which provides the name, street address, and telephone number of the owner or the owner's designated agent whom the occupant may contact to respond to this notice;
(4)A demand for payment within a specified time, not less than 14 days after delivery of notice; and
(5)A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify the time and place of the sale.
c.Any notice made pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service and properly addressed with postage prepaid.
L.1999,c.299,s.4.
5:16-5 Advertisement of sale.

5. a. After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the campground facility is located. The advertisement shall include:
(1)A brief and general description of the personal property adequate to permit its identification as provided for in section 4 of this act;
(2)The address of the campground facility and the number, if any, of the space or campsite where the personal property is located and the name of the occupant; and
(3)The time, place and the manner of the sale.
The sale shall take place not sooner than 15 days after the final publication.
b.If there is no newspaper of general circulation where the campground facility is located, the advertisement shall be posted at least ten days before the date of sale, in not less than six conspicuous places in the neighborhood where the campground facility is located.
L.1999,c.299,s.5.

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The way I understand it you are safe as long as your stay is under 30 days. If you frequent a NJ campground it might behoove you to bring proof of payment for all past stays.
 

Bohemian

Well-known member
Most of the details of the law are not in the written code provided by the legislature but in the court rulings on that code. If the lein is judged to violate a higher law it may not exist.. Enforcing a lien is difficult under any case and usually requires court action. This code does not mean that the court recognizes this type of lein. Not having the code does not mean an implied lein does not exist under other codes.

No state will size you unit for a few weeks of unpaid fees. This is about long term debt of significant size. Usually about abandoned property.

I personally d9n'the think this is a pragmatic problem.
 

porthole

Retired
Most of the details of the law are not in the written code provided by the legislature but in the court rulings on that code.

.

That "code" listed above, NJSA is New Jersey Statutes Annotated.

Like laws in most states, that is just the beginning. NJ is "common law", so everything is open to review and rulings by the courts.
 
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