| |
CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE,
2018
|
|
Mobilehome
Residency Law (MRL)
ARTICLE 9 - SUBDIVISIONS, COOPERATIVES,
CONDOMINIUMS & RESIDENT-OWNED PARKS
|
799 DEFINITIONS
As used in this article:
(a) “Ownership or management” means the
ownership or management of a subdivision, cooperative, or condominium for
mobilehomes, or of a resident-owned mobilehome park.
(b) “Resident” means a person who maintains a
residence in a subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park.
(c) “Resident-owned mobilehome park” means any
entity other than a subdivision, cooperative, or condominium for mobilehomes,
through which the residents have an ownership interest in the mobilehome park.
(Amended by Stats. 1997, Chap. 72 (SB 484,
Craven), eff. 1/1/1998)
799.1 RIGHTS GOVERNED
(a) Except as provided in subdivision (b), this
article shall govern the rights of a resident who has an ownership interest in
the subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park in which his or her mobilehome is located or
installed. In a subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park, Articles 1(commencing with Section 798) to
Article 8 (commencing with Section 798.84), inclusive, shall apply only to a
resident who does not have an ownership interest in the subdivision,
cooperative, or condominium for mobilehomes, or the resident-owned mobilehome
park, in which his or her mobilehome is located or installed.
(b) Notwithstanding subdivision (a), in a
mobilehome park owned and operated by a nonprofit mutual benefit corporation,
established pursuant to Section 11010.8 of the Business and Professions Code,
whose members consist of park residents where there is no recorded subdivision
declaration or condominium plan, Article 1 (commencing with Section 798) to
Article 8 (commencing with Section 798.84), inclusive, shall govern the rights
of members who are residents who rent their space from the corporation.
(Amended by Stats. 2012, Chap. 492 (SB 1421,
Correa), eff. 9/23/2012)
799.1.5 ADVERTISING SALE OF
HOME; "FOR SALE" SIGNS
A homeowner or resident, or an heir, joint
tenant, or personal representative of the estate who gains ownership of a
mobilehome through the death of the resident of the mobilehome who was a
resident at the time of his or her death, or the agent of any of those persons,
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 the mobilehome, or by a sign posted on the side of the mobilehome facing the
street, or by a sign in front of the mobilehome facing the street, 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. Any such person also may display a
sign conforming to these requirements indicating that the mobilehome is on
display for an “open house,” unless the park rules prohibit the display of an
open house sign. The sign shall state the name, address, and telephone number of
the owner of the mobilehome or his or her agent. The sign face may not exceed 24
inches in width and 36 inches in height. Signs posted in front of a mobilehome
pursuant to this section may be of an H-frame or A-frame design with the sign
face perpendicular to, but not extending into, the street. A homeowner or
resident, or an heir, joint tenant, or personal representative of the estate who
gains ownership of a mobilehome through the death of the resident of the
mobilehome who was a resident at the time of his or her death, or the agent of
any of those persons, may attach to the sign or their mobilehome tubes or
holders for leaflets that provide information on the mobilehome for sale,
exchange, or rent.
(Amended by Stats. 2005, Chap. 22 (SB 1108,
Committee on Judiciary), eff. 1/1/2006)
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, Chap. 519 (AB 1052,
Bader), eff. 1/1/1984)
799.2.5 MANAGEMENT ENTRY INTO
HOME
(a) Except as provided in subdivision (b), the
ownership or management shall have no right of entry to a mobilehome without the
prior written consent of the resident. The 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, trees, and driveways, for maintenance of the premises in accordance
with the rules and regulations of the subdivision, cooperative, or condominium
for mobilehomes, or resident-owned mobilehome park when the homeowner or
resident fails to so maintain the premises, and protection of the subdivision,
cooperative, or condominium for mobilehomes, or resident-owned mobilehome park
at any Reasonable time, but not in a manner or at a time that would interfere
with the resident's quiet enjoyment.
(b) The ownership or management 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. 2006, Chap. 538 (SB 1852,
Committee on Judiciary), eff. 1/1/2007)
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 for
mobilehomes, or resident-owned mobilehome park in the event of its sale to a
third party.
(Amended by Stats. 1997, Chap. 72 (SB 484,
Craven), eff. 1/1/1998)
799.4 WITHHOLDING PRIOR
APPROVAL OF PURCHASER
The ownership or management may require the
right to prior approval of the purchaser of a mobilehome that will remain in the
subdivision, cooperative or condominium for mobilehomes, or resident-owned
mobilehome park 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 for mobilehomes, or
resident-owned mobilehome park 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 for mobilehomes, or resident-owned mobilehome park.
(Amended by Stats. 1997, Chap. 72 (SB 484,
Craven), eff. 1/1/1998)
799.5 SENIOR-ONLY
RESTRICTIONS
The ownership or management may require that a
purchaser of a mobilehome that will remain in the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park comply with any
rule or regulation limiting residency based on age requirements for housing for
older persons, provided that the rule or regulation complies with the provisions
of the federal Fair Housing Act, as amended by Public Law 104-76, and
implementing regulations.
(Amended by Stats. 1997, Chap. 72 (SB 484,
Craven), eff. 1/1/1998)
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, Chap. 519 (AB 1052,
Bader), eff. 1/1/1984)
799.7 NOTICE OF UTILITY
INTERRUPTION
The ownership or management shall provide, by
posting notice on the mobilehomes of all affected homeowners and residents, at
least 72 hours' written advance notice of an interruption in utility service of
more than two hours for the maintenance, repair or replacement of facilities of
utility systems over which the management has control within the subdivision,
cooperative, or condominium for mobilehomes, or resident-owned mobilehome park,
if the interruption is not due to an emergency. The ownership or management
shall be liable only for actual damages sustained by a homeowner or resident for
violation of this section.
”Emergency,” for the purposes of this section,
means the interruption of utility service resulting from an accident or act of
nature, or cessation of service caused by other than the management's regular or
planned maintenance, repair, or replacement of utility facilities.
(Amended by Stats. 1997, Chap. 72 (SB 484, Craven), eff. 1/1/1998)
799.8 SCHOOL IMPACT FEE
DISCLOSURE
The management, at the time of an application
for residency, shall disclose in writing to any person who proposes to purchase
or install a manufactured home or mobilehome on a space or lot, on which the
construction of the pad or foundation system commenced after September 1, 1986,
and no other manufactured home or mobilehome was previously located, installed,
or occupied, that the manufactured home or mobilehome may be subject to a school
facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing
with Section 65995) of Division 1 of Title 7 of, the Government Code.
(Added by Stats. 1994, Chap. 983 (SB 1461,
Craven), eff. 1/1/1995)
799.9 CAREGIVERS LIVING WITH
HOMEOWNERS
(a) A homeowner may share his or her mobilehome
with any person over 18 years of age or older if that person is providing
live-in health care, live-in supportive care, or supervision to the homeowner.
pursuant to a written treatment plan prepared a physician and surgeon.
Management shall not charge a fee for the
live-in caregiver, but may require written confirmation from a licensed health
care professional of the need for the care or supervision, if the need is not
readily apparent or already known to management.
A fee shall not be charged by
management for that person. That person shall have no rights of tenancy
in, and shall comply with the rules and regulations of, the subdivision,
cooperative, or condominium for mobilehomes, or resident-owned mobilehome park.
(b) A senior homeowner who resides in a
subdivision, cooperative, or condominium for mobilehomes, or a resident-owned
mobilehome park, that has implemented rules or regulations limiting residency
based on age requirements for housing for older persons, pursuant to Section
799.5, may share his or her mobilehome with any person 18 years of age or older
if this person is a parent, sibling, child, or grandchild of the senior
homeowner and requires live-in health care, live-in supportive care
or supervision.
Management shall not charge a fee for this
parent, sibling, child, or grandchild, but may require written confirmation from
a licensed health care professional of the need for the care or supervision, if
the need is not readily apparent or already known to management.
or supervision pursuant to a written
treatment plan prepared by a physician and surgeon. A fee shall not be charged
by management for that person. Unless otherwise agreed upon, the
management shall not be required to manage, supervise, or provide for this
person's care during his or her stay in the subdivision, cooperative or
condominium for mobilehomes, or resident- owned mobilehome park. That person
shall have no rights of tenancy in, and shall comply with the rules and
regulations of, the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park. As used in this subdivision, “senior homeowner”
means a homeowner or resident who is 55 years of age or older.
(Amended by Stats. 201708,
Chap. 170 (SB 1474407,
DoddCorrea),
eff. 1/1/201809)
799.10 POLITICAL CAMPAIGN
SIGNS
A resident may not be prohibited from
displaying a political campaign sign relating to a candidate for election to
public office or to the initiative, referendum, or recall process in the window
or on the side of a manufactured home or mobilehome, or within the site on which
the home is located or installed. The size of the face of a political sign may
not exceed six square feet, and the sign may not be displayed in excess of a
period of time from 90 days prior to an election to 15 days following the
election, unless a local ordinance within the jurisdiction where the
manufactured home or mobilehome subject to this article is located imposes a
more restrictive period of time for the display of such a sign. In the event of
a conflict between the provisions of this section and the provisions of Part 5
(commencing with Section 4000) of Division 4, relating to the size and display
of political campaign signs, the provisions of this section shall prevail.
(Amended by Stats. 2012, Chap. 181 (SB 806,
Torres), eff. 1/1/2013)
The following intent language appears in
Section 4 of SB 116 (Chap. 249, Stat. 2004) but not in this code:
"It is the intent of the Legislature that
enactment of this bill not affect any other form of political expression by a
homeowner or resident of a mobilehome park where that expression is not
associated with an election or political campaign."
799.11 INSTALLATION OF
ACCOMMODATIONS FOR THE DISABLED
The ownership or management shall not prohibit
a homeowner or resident from installing accommodations for the disabled on the
home or the site, lot, or space on which the mobilehome is located, including,
but not limited to, ramps or handrails on the outside of the home, as long as
the installation of those facilities complies with code, as determined by an
enforcement agency, and those facilities are installed pursuant to a permit, if
required for the installation, issued by the enforcement agency. The management
may require that the accommodations installed pursuant to this section be
removed by the current homeowner at the time the mobilehome is removed from the
park or pursuant to a written agreement between the current homeowner and the
management prior to the completion of the resale of the mobilehome in place in
the park. This section is not exclusive and shall not be construed to condition,
affect, or supersede any other provision of law or regulation relating to
accessibility or accommodation for the disabled.
(Added by Stats. 2008, Chap. 170 (SB 1107,
Correa), eff. 1/1/2009)
Content
www.pseudology.org
|
|
|