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Mobile Home Park Home Owners Allegiance

Attention: This 1985 California Mobilehome Residency Law (MRL) is for historical reference only. The California MRL is published annually by the Senate Select Committe on Manufactured Home Communities.

Most of the provisions of the California Mobilehome Residency Law (MRL) were enacted piecemeal over a number of years and eventually codified under Chapter 2.5 of the Civil Code in 1978. Since 1978, a number of sections have been amended and others added to the Code. The MRL is divided into nine Articles, by subject, as indicated in the accompanying Table of Contents.

The Mobilehome Residency Law, like provisions of conventional landlord-tenant law, are enforced by the courts; that is, the disputing parties must enforce the MRL against one another in a court of law. The State Department of Housing and Community Development does not have authority to enforce these Civil Code provisions. For example, a park owner must utilize an unlawful detainer procedure in a court to evict a homeowner for non-payment of rent or failure to abide by reasonable park rules. By the same token, a manufactured home owner must bring legal action, in court, to enforce a notice or other MRL requirement, or obtain an injunction, if the management will not otherwise abide by the MRL.

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  1. Civil Code §798. Title and Application
  2. Civil Code §798.1 Application of Definitions
  3. Civil Code §798.2 Definition of Management
  4. Civil Code §798.3 Definition of Mobilehome
  5. Civil Code §798.4 Definition of Mobilehome Park
  6. Civil Code §798.6 Definition of Park
  7. Civil Code §798.8 Definition of Rental Agreement
  8. Civil Code §798.9 Definition of Homeowner
  9. Civil Code §798.10 Definition of Change of Use
  10. Civil Code §798.11 Definition of Resident
  11. Civil Code §798.12 Definition of Tenancy
  1. Civil Code §798.15 In-Writing and Required Contents
  2. Civil Code §798.16 Inclusion of Other Provisions
  3. Civil Code §798.18 Length of Agreement; Comparable Monthly Terms
  4. Civil Code §798.19 No Waiver of Chapter 2.5 Rights
  5. Civil Code §798.20 No Private Club Discrimination
  6. Civil Code §798.22 Recreational Vehicles in Parks – Designated Areas
  1. Civil Code §798.24 Posting of Common Area Facility Hours
  2. Civil Code §798.25 Amendments to Rules and Regulations – Notice
  3. Civil Code §798.26 Management Entry into Mobilehomes
  4. Civil Code §798.27 Notice of Zoning or Use Permit and Duration of Lease
  5. Civil Code §798.28 Disclosure of Park Owner’s Name
  1. Civil Code §798.30 Notice of Rent Increase
  2. Civil Code §798.31 Authorized Fees Charged
  3. Civil Code §798.32 Fees Charged for Unlisted Services Without Notice
  4. Civil Code §798.33 Pets
  5. Civil Code §798.34 Guest and Live-In Care Providers
  6. Civil Code §798.35 Members of Immediate Family – No Fees
  7. Civil Code §798.36 Enforcement of Park Rules
  8. Civil Code §798.37 Entry, Hookup, Landscaping and Maintenance Charges
  9. Civil Code §798.38 No Lien/Security Interest Except by Mutual Agreement
  1. Civil Code §798.50 Legislative Intent
  2. Civil Code §798.51 Right to Assemble, Meet, Canvass, Petition, Invite Speakers
  1. Civil Code §798.55 Legislative Intent; Termination for Cause; 60-Day Notice
  2. Civil Code §798.56 Authorized Reasons for Termination of Tenancy
  3. Civil Code §798.57 Statement of Reasons in Notice
  4. Civil Code §798.58 No Termination to Make Space for Park Owner’s Buyer
  5. Civil Code §798.59 60-Day Notice by Resident of Termination
  6. Civil Code §798.60 Application of Other Unlawful Detainer Laws
  1. Civil Code §798.70 “For Sale” Signs
  2. Civil Code §798.71 Management Showing or Listing – Prohibitions
  3. Civil Code §798.72 No Transfer or Selling Fee
  4. Civil Code §798.73 Removal of Mobilehome Upon Sale to Third Party
  5. Civil Code §798.74 Management Approval of Buyer; Credit Rating Refund
  6. Civil Code §798.75 Rental Agreement Required for Park Occupancy
  7. Civil Code §798.76 Senior-Only Restrictions
  8. Civil Code §798.77 No Waiver of Rights
  9. Civil Code §798.78 Rights of Heir or Joint Tenant of Owner
  10. Civil Code §798.79 Repossession of Mobilehome; Sale to Third Party
  1. Civil Code §798.85 Attorney’s Fees and Costs
  2. Civil Code §798.86 Management Penalty for Willful Violation
  3. Civil Code §798.87 Public Nuisances and Abatement
  1. Civil Code §799 Definitions
  2. Civil Code §799.1 Rights Governed
  3. Civil Code §799.2 Listing or Showing of Home by Park Management
  4. Civil Code §799.3 Removal of Mobilehome upon Third Party Sale
  5. Civil Code §799.4 Withholding Prior Approval of Purchaser
  6. Civil Code §799.5 Senior Only Restrictions
  7. Civil Code §799.6 No Waiver of Rights

798 TITLE AND APPLICATION

This chapter shall be known and may be cited as the “Mobilehome Residency Law.” It shall apply only to a mobilehome that requires a permit to be moved on a street or highway.

798.1 APPLICATION OF DEFINITIONS

Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.

(Added by Stats. 1978, Ch. 1031.)

798.2 DEFINITION OF MANAGEMENT

“Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park.

(Added by Stats. 1978, Ch. 1031.)

798.3 DEFINITION OF MOBILEHOME

“Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle as defined in Section 799.24 of this code, and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.

798.4 DEFINITION OF MOBILEHOME PARK

“Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

(Added by Stats. 1978, Ch. 1031.)

798.6 DEFINITION OF PARK

“Park” is a mobilehome park.

798.8 DEFINITION OF RENTAL AGREEMENT

“Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement.

(Amended by Stats. 1982, Ch. 1397, Sec. 1.)

798.9 DEFINITION OF HOMEOWNER

“Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement.

(Amended by Stats. 1982, Ch. 1397, Sec. 2.)

798.10 DEFINITION OF CHANGE OF USE

“Change of use” means a use of the park for a purpose other than the rental or the holding out for rent, or two or more mobilehome sites to accommodate mobilehomes used for human habitation and does not mean the adoption, amendment or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof, “Change of use” i
ncludes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold.

(Amended and Renumbered by Stats. 1981, Ch. 714.)

798.11 DEFINITION OF RESIDENT

“Resident” is a homeowner or other person who lawfully occupies a mobilehome.

(Amended by Stats. 1982, Ch. 1397, Sec. 3.)

798.12 DEFINITION OF TENANCY

“Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvement, and accessory structures for human habitation, including the use of the services and facilities of the park.

(Amended by Stats. 1982, Ch. 1397, Sec. 4.)

798.15 IN-WRITING AND REQUIRED CONTENTS

The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following;

  • The term of the tenancy and the rent therefor.
  • The rules and regulations of the park.
  • The language of the provisions of this chapter. A copy of the text of this chapter attached as an exhibit shall be deemed to satisfy the requirements of this section.
  • A provision specifying that it is the responsibility of the management to provide and maintain physica1 improvements in the common facilities in good working order and condition.
  • A description of the physical improvements to be provided the homeowner during his or her tenancy.
  • A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of the tenancy and the fees, if any, to be charged for those services.
  • A provision stating that management may charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the homeowner fails to maintain such land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent.
  • All other provisions governing the tenancy.

798.16 INCLUSION OF OTHER PROVISIONS

The rental agreement may include such other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter.

(Amended by Stats. 1981, Ch. 667.)

798.18 LENGTH OF AGREEMENT; COMPARABLE MONTHLY TERMS

  • A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management.
  • No such agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month basis.

798.19 NO WAIVER OF CHAPTER 2.5 RIGHTS

No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her tights under the provisions of Articles 1 to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy and void.

(Amended by Stats. 1982, Ch. 1397, Sec. 7.)

798.20 NO PRIVATE CLUB DISCRIMINATION

Membership in any private club or organization which is a condition for tenancy in a park shall not be denied on the basis of race, color, religion, sex, national origin, ancestry, or marital status.

(Amended by Stats. 1978, Ch. 1031.)

798.22 RECREATIONAL VEHICLES IN PARKS – DESIGNATED AREAS

  • In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated areas.
  • Any new mobilehome park that is developed after January 1, 1982, is not subject to the provisions of this section until 75 percent of the spaces have been rented for the first time.

798.24 POSTING OF COMMON AREA FACILITY HOURS

Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility.

798.25 AMENDMENTS TO RULES AND REGULATIONS – NOTICE

A rule or regulation of the park may be amended at any time with the consent of a homeowner, or without his or her consent upon written notice to him or her of not less than six months, except for regulations applicable to recreational facilities which may be amended without his or her consent upon written notice to him or her of not less than 60 days. Written notice to a new homeowner, whose tenancy commences within the required period of notice, of a proposed amendment shall constitute compliance with this section where the written notice is given to him or her before the inception of his or her tenancy.

798.26 MANAGEMENT ENTRY INTO MOBILEHOMES

  • Except as provided in subdivision (b), and notwithstanding any other provision of law to the contrary, the ownership or management of a park, subdivision, cooperative, or condominium for mobilehomes shall have no right of entry to a mobilehome without the prior written consent of the resident. Such consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, for maintenance of the premises in accordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premises, and protection of the mobilehome park, subdivision, cooperative, or condominium at any reasonable time, but not in a manner or at a time which would interfere with the resident’s quiet enjoyment.
  • The ownership or management of a park, subdivision, cooperative, or condominium for mobilehomes may enter a mobilehome without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome.

(Amended by Stats. 1983, Ch. 519.)

798.27 NOTICE OF ZONING OR USE PERMIT AND DURATION OF LEASE

  • The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobilehome park, or any portion thereof, in which the management is a lessee.
  • If a change occurs concerning the zoning or use permit under which the park operated or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of such change. Notification regarding the change of use of the park, or any portion thereof, shall be governed by subdivision (f) of Section 798.56. A prospective homeowner shall be notified prior to the inception of the tenancy.

798.28 DISCLOSURE OF MOBILEHOME PARK OWNER’S NAME

The management of a mobilehome park shall disclose, in writing, the name of the mobilehome park owner upon the request of a homeowner.

798.30 NOTICE OF RENT INCREASE

The management shall give a homeowner written notice of any increase in his or her rent at least 60 days before the date of the increase.

798.31 AUTHORIZED FEES CHARGED

A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management.

(Amended by Stats. 1984, Ch. 624, Sec. 1.)

798.32 FEES CHARGED FOR UNLISTED SERVICES WITHOUT NOTICE

A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.

798.33 PETS

A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park.

798.34 GUESTS AND LIVE-IN CARE PROVIDERS

  • A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest will not be required to register with the management.
  • A homeowner who is living alone and who wishes to share his or her mobilehome with one person may do so, and a fee shall not be imposed by management for such person. Such person shall be considered a guest of the homeowner and any agreement between the homeowner and such person shall not change the terms and conditions of the rental agreement between management and the homeowner. Such guest shall comply with the provisions of the rules and regulations of the mobilehome park.

798.35 MEMBERS OF IMMEDIATE FAMILY – NO FEES

A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” includes the homeowner, his or her spouse, their parents, and their children.

798.36 ENFORCEMENT OF PARK RULES

A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by management for the maintenance of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent.

(Amended by Stats. 1983, Ch. 519.)

798.37 ENTRY, HOOKUP, LANDSCAPING AND MAINTENANCE CHARGES

A homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy or the specific site upon which the mobilehome is located and not incurred as a portion of the development of the mobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations. The management shall not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company, or corporation.

(Amended by Stats. 1983, Ch. 519.)

798.38 NO LIEN/SECURITY INTEREST EXCEPT BY MUTUAL AGREEMENT

Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility.

(Amended by Stats. 1982, Ch. 1397.)

798.50 LEGISLATIVE INTENT

The management shall permit meetings by homeowners or residents of a mobilehome in the park, or any or all of them, relating to mobilehome living or social or educational purposes to be held in any of the park community or recreation halls if the meeting is held at a reasonable hour and when the facility is not otherwise in use.

798.51 RIGHT TO ASSEMBLE, MEET, CANVASS, PETITION & INVITE SPEAKERS

The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of a group of homeowners who have signed a request to be so represented on the following matters:

  • Amendments to park rules and regulations.
  • Standards for maintenance of physical improvements in the park.
  • Addition, alteration, or deletion of service, equipment or physical improvements.

    Any collective meeting shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or more before the meeting.

798.55 LEGISLATIVE INTENT; TERMINATION FOR CAUSE; 60-DAY NOTICE

  • The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provisions of this chapter.
  • The management shall not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each Junior lienholder as defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner, addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code.

798.56 AUTHORIZED REASONS FOR TERMINATION OF TENANCY

A tenancy shall be terminated by the management only for one or more of the following reasons:

  • Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
  • Conduct by the homeowner or resident, upon the park premises which constitutes a substantial annoyance to other homeowners or residents.
  • Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park as set forth in the rental agreement or any amendment thereto.

    No act or omission of the homeowner or resident shall constitute such a failure to comply unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.

    Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.

  • Nonpayment of rent, utility charges, or reasonable incidental service charges: provided, that the homeowner shall be given a three-day written notice to pay the amount due or to vacate the tenancy. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. Such notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. Payment by the homeowner prior to the expiration of the three-day notice period, or payment by the legal owner as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to such payment. The homeowner shall remain liable for all payments due up until the time the tenancy is vacated. Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during the term of the tenancy.
  • Condemnation of the park.
  • Change of use of the park or any portion thereof, provided:
    1. The management gives the homeowners at least 15 days’ written notice that the management will be appearing before a loca1 governmental board, commission, or body, to request permits for a change of use of the mobilehome park.
    2. After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.

      If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.

    3. The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
    4. The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
    5. A notice of a proposed change of use given prior to January 1, 1980, which conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at that time the notice was given.

798.57 STATEMENT OF REASONS IN NOTICE

The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses and circumstances concerning that reason. Neither reference to the section number of a subdivision thereof, nor a recital of the language of this article will constitute compliance with this section.

(Added by Stats. 1978, Ch. 1031.)

798.58 NO TERMINATION TO MAKE SPACE FOR PARK OWNER’S BUYER

No tenancy shall be terminated for the purpose of making a homeowner’s site available for a person who purchased a mobilehome from the owner of the park or his agent.

(Amended by Stats. 1982, Ch. 1397.)

798.59 60-DAY NOTICE BY RESIDENT OF TERMINATION

A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.

(Amended by Stats. 1982, Ch. 1397, Sec. 27.)

798.60 APPLICATION OF OTHER UNLAWFUL DETAINER LAWS

The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of part 3 of the Code of Civil Procedure except as otherwise provided herein.

(Amended by Stats. 1978, Ch. 1031.)

798.70 “FOR SALE” SIGNS

A homeowner may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome by displaying a sign in the window of the mobilehome stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and may be at least 12 inches in width and 12 inches in length.

798.71 MANAGEMENT SHOWING OR LISTING – PROHIBITIONS

The management shall not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.

Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers.

798.72 NO TRANSFER OR SELLING FEE

The management shall not charge a homeowner or his or her agent a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested, in writing, by the homeowner or his or her agent.

798.73 REMOVAL OF MOBILEHOME UPON SALE TO THIRD PARTY

The management shall not require the removal of a mobilehome from the park in the event of its sale to a third party during the term of the homeowner’s rental agreement. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where:

  • It is less than 10 feet wide;
  • It is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.
  • The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.
  • It is in a significantly rundown condition or in disrepair as determined by the general condition of the mobilehome and its acceptability of the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.

798.74 MANAGEMENT APPROVAL OF BUYER; CREDIT RATING REFUND

The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. If the ownership or management rejects a purchaser as a prospective homeowner, the ownership or management shall inform the selling homeowner in writing of its reasons for such rejection.

798.75 RENTAL AGREEMENT REQUIRED FOR PARK OCCUPANCY

An escrow, sate, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park shall contain a provision signed by the purchaser stating that, by such signature he or she has agreed to the terms of a rental agreement. A copy of a fully executed rental agreement signed by both the purchaser and park management will satisfy the requirements of this section. In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy.

798.76 SENIOR ONLY RESTRICTIONS

The management may require that a purchaser of a mobilehome which will remain in the park, comply with any rule or regulation limiting residence to adults only.

798.77 NO WAIVER OF RIGHTS

No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be deemed contrary to public po1icy and shall be void and unenforceable.

(Amended by Stats. 1983, Ch. 519, Sec. 10.)

798.78 RIGHTS OF HEIR OR JOINT TENANT OF OWNER

An heir or joint tenant who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who is a tenant shall have the right to sell the mobilehome to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises which have arisen after the transfer of ownership to the heir or joint tenant have been satisfied up until the date the mobilehome is resold.

798.79 REPOSSESSION OF MOBILEHOME; SALE TO THIRD PARTY

Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the park to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent and utilities, and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor through the date the mobilehome is resold.

798.85 ATTORNEY’S FEES AND COSTS

In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.

(Amended by Stats. 1983, Ch. 519, Sec. 11.)

798.86 MANAGEMENT PENALTY FOR WILLFUL VIOLATION

In the event a homeowner, or former homeowner, of a park is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of those provisions by the management.

798.87 PUBLIC NUISANCES AND ABATEMENT

  • The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
  • The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.

799 DEFINITIONS

As used in this article:

  • “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehome.
  • “Resident” means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehome.

799.1 RIGHTS GOVERNED

A resident may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her mobilehome by displaying a sign in the window of his or her mobilehome stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent, and may be at least 12 inches in width and 12 inches in length.

799.2 LISTING OR SHOWING OF HOME BY PARK MANAGEMENT

The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.

Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen.

(Amended by Stats. 1983, Ch. 519, Sec. 14.)

799.3 REMOVAL OF MOBILEHOME UPON THIRD PARTY SALE

The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium in the event of its sale to a third party.

799.4 WITHHOLDING PRIOR APPROVAL OF PURCHASER

The ownership or management may require the right to prior approva1 of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the subdivision, cooperative, or condominium unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the subdivision, cooperative, or condominium.

799.5 SENIOR-ONLY RESTRICTIONS

The ownership or management may require that a purchaser of a mobilehome which will remain in the subdivision, cooperative, or condominium for mobilehomes comply with any rule or regulation limiting residence therein to adults only.

799.6 NO WAIVER OF RIGHTS

No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed contrary to public policy and void and unenforceable.

(Amended by Stats. 1983, Ch. 519, Sec. 16.)