Tustin Village Mobile Home Park
Overgrown Trees
Wednesday, August 6, 2014 – Mobilehome Ombudsman Complaint: T14-17825
Thursday, August 7, 2014 – HCD Reference: MP14-0905
Complaint Description: A Health and Safety Issue;
RE: Civil Code Sec. 798.37.5 Trees and Driveways
Full Documentation: http://TustinMHA.com/TVMHP/Trees
Good day Mobilehome Ombudsman. We at Tustin Village Mobile Home Park have a continual challenge with the maintenance of trees in the park. We have one tree that appears to present a fire hazard. It's a low, wide, palm that has dead fronds hanging very close to the ground and surrounding structures.
In total, there are 20+ trees in the park that need to be trimmed, they are long overdue. Our park Rules and Regulations state that the residents are responsible for the upkeep of the trees on their lot. My understanding is that they cannot pass that responsibility to the resident? I've read the 2014 MRL and it states...
With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation.
Our Park Rules and Regulations state...
Residents must maintain at Resident's sole cost all trees located on their space, regardless of whether they planted the trees or the trees were planted by a prior resident/occupant of the space, so as not to become a specific hazard or health and safety violation.
I've invested $2,000+ over the years trimming both my tree and my neighbor's tree, she can't afford it. I just got a quote for the two trees and it will be $1,200. We can't afford it anymore. I didn't realize it may be the park's responsibility to maintain the trees. I just found the MRL this year.
Your assistance would be greatly appreciated. We have many trees that are interfering with park lighting. We have a group of trees by the pool that require you to duck when entering into the pool area. I have full documentation and pictures posted here...
https://mhphoa.com/ca/tvmhp/trees
Thank you again.
Page 16 of the 2014 Mobilehome Residency Law (MRL) states...
Civil Code Sec. 798.37.5 Trees and Driveways
- With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 3 of the Health and Safety Code) in order to determine whether a violation of that act exists.
- With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof.
- Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section.
- No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management.
- This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001.
- This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001.
- Any mobilehome park rule or regulation shall be in compliance with this section. (Added by Stats. 2000, Chap. 423 (AB 862, Correa), eff. 1/1/2001)
Section 8, item A of the Tustin Village MHP Rules and Regulations states...
8. Lot and Home Maintenance and Appearance
- Residents must maintain their space and home and all landscaping, structures, improvements and other things attached to or placed thereon in good condition and repair and in a neat, clean, attractive and well-kept fashion. Lawns must be mowed regularly and weeds must be kept under control. Residents must maintain at Resident's sole cost all trees located on their space, regardless of whether they planted the trees or the trees were planted by a prior resident/occupant of the space, so as not to become a specific hazard or health and safety violation. Management shall be responsible for the trimming, pruning, or removal of trees located on Resident's space only upon a determination that a tree poses a specific hazard or health and safety violation. Should Resident fail to properly maintain a tree located on Resident's space, or should it be determined that Management is responsible for a tree located on Resident's space, Owner reserves the right, at Owner's sole discretion, to remove said tree. All concrete, asphalt and other surfaces, including driveways and parking spaces, shall be maintained in good condition, kept clean and maintained free of oil, and all other sticky or oily substances. Resident shall be responsible for the cost of repairing damage to and/or the replacement of Resident's driveway caused by an act of Resident, any member of Resident's family, any occupant of Resident's home, and any guests, workers, contractors or invitees of Resident. Resident shall be responsible, at resident's sole cost, for the maintenance, repair replacement, paving and sealing of a homeowner (past or present) installed driveway. When Resident is away, it is Resident's responsibility to have someone maintain his home and space.
HCD Response
Thursday, August 7, 2014
State of California – Business, Consumer Services, and Housing Agency
Department of Housing and Community Development
Division of Codes and Standards
Occupational Licensing
PO Box 31
Sacramento, CA 95812-0031
916-323-9803
From TDD Phones: 1-800-735-2929
Please Reference: MP14-0905
This office has reviewed your request for assistance and determined from the information provided that your concerns relate to the health and safety issues that may be violations of the Mobilehome Parks Act or Special Occupancy Parks Act.
This Department, as well as some local enforcement agencies, have jurisdiction for resolving health and safety problems in mobilehome parks. In your area, primary enforcement jurisdiction for the Mobilehome Parks Act is performed by the Department through the following Area Office:
Southern Area Office
3737 Main St 400
Riverside, CA 92501-3337
951-782-4420
An inspector from that office will contact you during or after the investigation of your complaint. Investigations are prioritized with life-threatening problems having the highest priority. If you have any additional information, or if the conditions become life-threatening, or if the conditions that prompted your request for assistance are resolved, please contact the Area Office directly.