Resident curated mobile home owners news and information for residents of California Mobile Home Parks managed by Sierra Corporate Management (SCM) and owned by a Kort & Scott Financial Group (KSFG) company. The MHPHOA also provides news coverage for California Mobile Home Parks not owned by KSFG.
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Sun, Oct 22, 2017 – On Thu, Jan 19, 2017, the ASK Law Group posted this as a followup to the initial Terrace View article on Wed, Jul 6, 2016. Most notable is the reference to a legal principle in California that requires the parties to a contract to operate in good faith.
The residents of a San Diego mobile home park, Terrace View Mobile Home Estates (“Terrace View”), recently won a case which will change the law in California. For the first time, a jury found that a park owner may not charge unreasonable space rent rates to residents on a month-to-month lease.
In the past, mobile home park owners believed that they could set the rents in a park at any rate they desired. The only time the amount of rent charged was restricted was when there was rent control.
In California, there has always been a legal principle which required parties to a contract to operate in good faith. This meant that if a party had the sole right under the contract to set rent rates, then the rates needed to be reasonable.
This concept has been applied to other business relationships but never in a mobile home park.
The residents of Terrace View were being charged $1,600 per month or more. The neighboring parks charged $850-$950 per month. The high rents at Terrace View made it impossible to sell a home for a fair price so the residents could not escape the rents without walking away from their homes.
The jury found the rents unreasonably high. They awarded 10 spaces $1,289,000 in damages. Further, because the defendants knew they were defrauding the residents the jury awarded $57,000,000 in punitive damages.
Now in California, there is a legal mechanism to limit the amount of rent a mobile home park owner can charge a resident on a month-to-month contract.
If you find yourself in a similar situation to the residents of Terrace View Mobile Home Estates, please contact Allen Semelsberger & Kaelin at ASK Law Group.
Mon, Dec 5, 2016 –
On Wed, Jul 6, 2016, a San Diego civil jury awarded 10 households of the Terrace View Mobile Home Park $58,389,000 in compensatory and punitive damages against the Park owners, Tom Tatum & Jeff Kaplan.
The case involved charging unreasonable rents and other illegal practices causing residents to lose their homes.
At the time of trial, 100 of the 200 spaces at the Terrace View Mobile Home Park were empty or abandoned due to the park owners' practices.
This is the first phase of 49 homes that are part of the lawsuit. The case was tried by James Allen and Jessica Taylor of San Diego based firm Allen, Semelsberger & Kaelin.
Allen Semelsberger & Kaelin, LLP
San Diego Mobile Home Lawyers
600 B Street, Suite 2400, San Diego, California 92101
619-544-0123, 800-895-5053, https://www.asklawgroup.com/
Terrace View Mobile Home Estates
13162 Highway 8 Business, El Cajon, California 92021
120. Defendants took, appropriated, obtained and/or retained or assisted in taking, appropriating, obtaining and/or retaining Senior Citizens' mobilehomes by refusing to approve prospective purchasers of Plaintiffs' mobilehomes, and by raising rents to unreasonably high levels. As a result Senior Citizen Plaintiffs were harmed and have been deprived of their right to sell their homes in the Park and have had to either walk away from their home or to sell them to Defendants for almost nothing.
121. Defendants' actions and/or conduct alleged herein was done for a wrongful use, with intent to defraud and/or by undue influence by preventing Plaintiffs from selling their mobilehomes in place in the Park, or keeping them there at reasonable rent levels.
122. Defendants knew or should have known that their actions and/or conduct were likely to be harmful to Plaintiffs and would prevent Plaintiffs from being able to sell their mobilehomes in place in the Park and would result in Defendants taking the financial investments Plaintiffs have in their mobilehomes in violation of Elder Abuse and Dependent Adult Civil Protection Act. Defendants' actions and/or conduct was a substantial factor in causing Plaintiffs' harm. Plaintiffs seek all damages allowed under the Elder Abuse and Dependent Adult Civil Protection Act and all other remedies otherwise provided by law (including, but not limited to, rescission) to compensate them for the harm proximately caused by Defendants.
123. Defendants were aware of Plaintiffs' right to sell their homes in place and the effect raising rents to unreasonably high levels would have on Plaintiffs' ability to sell their mobilehomes. Defendants deliberately interfered with the sale of Plaintiffs' homes by the actions alleged herein. Defendants subjected them to cruel and unjust hardship in conscious disregard of Plaintiffs' rights. Defendants consciously inflicted economic and personal hardship upon Plaintiffs by interfering with the sale of their mobilehomes which was despicable and Defendants' conduct constitutes oppression, fraud, and/or malice. Defendants' conduct warrants an award of punitive damages.
Mon, Oct 16, 2017 – According to data obtained from the California Department of Housing and Community Development (HCD), there are 5,235 “Active” Mobile Home and RV Parks totaling 452,905 lots/spaces in the State of California. Of those 452,905 lots/spaces, 364,475 are mobile home spaces, 65,960 are RV lots with drains and 22,470 are RV lots without drains.
There are 611 “Closed” Mobile Home and RV Parks totaling 18,325 lots/spaces. Of those 18,325 lots/spaces, 9,708 are mobile home spaces, 5,967 are RV lots with drains and 2,650 are RV lots without drains.
As of Mon, Oct 16, 2017, the HCD has data for a total of 471,230 lots/spaces which includes “Active” and “Closed” listings. Of those 471,230 lots/spaces, 374,183 are mobile home spaces, 71,927 are RV lots with drains and 25,120 RV lots without drains.
The below Top 10 Largest listings are based on the HCD Mobile Home and RV Parks “Active” Listings as of Mon, Oct 16, 2017.
Sun, Oct 15, 2017 – BoaVida Communities LLC is a California Domestic LLC filed on Jan 31, 2017. Elias Weiner is listed as President at BoaVida Communities and the BoaVida Group. Elias Weiner is the Co-Founder of Cascade Corporate Management and Woodcrest Homes.
In Jul and Aug 2017, it was reported by the Willits News that "Mobile Home Park Residents Shaken by New Management Demands" and "Mobile Home Park Residents Get Advice on the Law." It was discovered from these articles that Abraham Arrigotti and Drita Bronkey, previously with Sierra Corporate Management, are now representing BoaVida Communities.
The MHPHOA have received a number of complaints from residents in multiple mobile home parks now owned and/or managed by BoaVida Communities. These complaints mirror those from residents in mobile home parks owned by Kort & Scott Financial Group and managed by Sierra Corporate Management.
In Oct 2017, it was reported by the Willits News that "Mobile Home Park Residents Continue to Fight for their Rights." The residents from Willits Mobile Home Park and Valley Oaks Mobile Home Park are performing due diligence by seeking legal counsel from the Legal Services of Northern California.
Staff attorneys Veronica Kontilis and Jessica Weigner spoke to residents on Sep 27 about the state’s home residency law, rent stabilization issues and lease agreements, while also fielding questions from concerned residents who said they are confused and frustrated about rental agreements, park rules and fees and charges amid other issues by representatives from BoaVida Communities and Cascade Corporate Management in Sacramento.
The MHPHOA have put together a list of mobile home and RV parks owned and/or operated by Cascade Corporate Management and/or BoaVida Communities. As of Mon, Oct 16, 2017, we've been able to confirm 55 properties in California totaling 4,488 mobile home and RV spaces, 1 in Nevada and 2 in Oregon. We will continue to update this list as new information becomes available.
Fri, Oct 13, 2017 – On Mon, May 1, 2017, Alexander Segal, the Acquisitions Director for Kort & Scott Financial Group registered two (2) new DBAs; Oak Crest Associates LLC and Oak Crest MHP Associates LP. We are not sure of the date of sale but if we use historical data and time frames, Kort & Scott purchased Oak Crest Estates in Jun 2017.
Fri, Oct 6, 2017 –
More than 30 residents from local mobile home parks gathered at the Willits Library to hear a presentation from a couple of Ukiah-based attorneys in the aftermath of demands made by an out of the area management company which has reportedly threatened to evict tenants for alleged violations over the past several months.
The Legal Services of Northern California non profit offers free legal assistance to older adults and people with low income in both Lake and Mendocino counties. Their attorneys specialize in tenant’s rights, wrongful evictions, housing discrimination, and other services.
Staff attorneys Veronica Kontilis and Jessica Weigner spoke to residents on Sept. 27 about the state’s home residency law, rent stabilization issues and lease agreements, while also fielding questions from concerned residents who said they are confused and frustrated about rental agreements, park rules and fees and charges amid other issues by representatives from BoaVida Communities and Cascade Corporate Management in Sacramento.
BoaVida Communities, LLC is a California Domestic Limited-Liability Company filed on January 31, 2017. The company's filing status is listed as Active and its File Number is 201704110332.
Elias Weiner, President at BoaVida Communities, The BoaVida Group. Co-Founder of Cascade Corporate Management and Woodcrest Homes.
Willits Mobile Home Park LLC (Previously Wagon Wheel)
c/o BoaVida Communities
PO Box 74415, San Clemente, California 92673
Valley Oaks Mobile Home Park LLC
c/o BoaVida Communities
PO Box 74415, San Clemente, California 92673
Beginning July 1, 2021, any mobilehome or manufactured homeowner living in a mobilehome park under a rental agreement may submit a complaint for an alleged violation of the Mobilehome Residency Law. Any mobilehome or manufactured homeowner residing in a permitted mobilehome park is eligible to submit a complaint. Complaints must be submitted to HCD. HCD provides assistance to help resolve and coordinate resolution of the most severe alleged violations of the Mobilehome Residency Law.
Any mobilehome / manufactured homeowner who lives in a mobilehome park.
Any complaints for issues within mobilehome parks related to Mobilehome Residency Law violations (California Civil Code).
Common violations include illegal grounds for eviction, failure to provide proper notice of rent increases, or no written rental agreement between the park and mobilehome owner.
Complaints must be submitted to HCD. HCD provides help to resolve and coordinate resolution of the most-severe alleged violations of the Mobilehome Residency Law. Visit the Submit a Complaint webpage for details.
Fri, Nov 22, 2019 –
Kabateck LLP attorneys representing hundreds of low-income mobile home residents in Long Beach, California secured a nearly $57 million settlement, which is the largest settlement ever involving a mobile home park.
Civil Lawsuits Against Kort & Scott DBAs