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	CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE, 
	2018
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	Mobilehome 
	Residency Law (MRL)
    
		ARTICLE 7 - TRANSFER OF MOBILEHOME OR 
		MOBILEHOME PARK
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		798.70 "FOR SALE" 
		SIGNS
	
 
	
		(a) A homeowner, an heir, joint tenant, 
		or personal representative of the estate who gains ownership of a 
		mobilehome in the mobilehome park through the death of the owner of the 
		mobilehome who was a homeowner at the time of his or her death, or the 
		agent of any such person, 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 one sign in the window of the mobilehome, or by one sign 
		posted on the side of the mobilehome facing the street, or by one 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 one sign conforming to these requirements indicating that 
		the mobilehome is on display for an “open house,” if allowed by the 
		park. The park may allow open houses and may establish Reasonable rules 
		or regulations governing how an open house may be conducted, including 
		rules regarding the number of houses allowed to be open at one time, 
		hours, and parking. The sign shall state the name, address, and 
		telephone number of the owner of the mobilehome or his or her agent and 
		the sign face shall 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, A-frame, L-frame, or generally accepted yard-arm 
		type design with the sign face perpendicular to, but not extending into, 
		the street. Management may require the use of a step-in L-frame sign. 
		Homeowners may attach to the sign or their mobilehome tubes or holders 
		for leaflets that provide information on the mobilehome for sale, 
		exchange, or rent.
	
		(b) This section shall become operative 
		on July 1, 2016.
	
		(Added by Chap. 288, Stats. of 2015 (SB 
		419, McGuire), eff. 7/1/2016)
	
 
	
		798.71 MANAGEMENT 
		SHOWING OR LISTING - PROHIBITIONS
	
 
	
		(a)
	
		- 
		
			(1) The management may 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.
		
 
		- 
		
			(2) Management may require that a 
			homeowner advise management in writing that his or her manufactured 
			home or mobilehome is for sale. If management requires that a 
			homeowner advise management in writing that his or her manufactured 
			home or mobilehome is for sale, failure to comply with this 
			requirement does not invalidate a transfer.
		
 
	 
	
		(b) The management shall prohibit 
		neither the listing nor the sale of a manufactured home or mobilehome 
		within the park by the homeowner, an heir, joint tenant, or personal 
		representative of the estate who gains ownership of a manufactured home 
		or mobilehome in the mobilehome park through the death of the owner of 
		the manufactured home or mobilehome who was a homeowner at the time of 
		his or her death, or the agent of any such person other than the 
		management. For purposes of this section, “listing” includes advertising 
		the address of the home to the general public.
	
		(c) The management shall not require 
		the selling homeowner, or an heir, joint tenant, or personal 
		representative of the estate who gains ownership of a manufactured home 
		or mobilehome in the mobilehome park through the death of the owner of 
		the manufactured home or mobilehome who was a homeowner at the time of 
		his or her death, to authorize the management or any other specified 
		broker, dealer, or person to act as the agent in the sale of a 
		manufactured home or mobilehome as a condition of resale of the home in 
		the park or of management's approval of the buyer or prospective 
		homeowner for residency in the park.
	
		(d) The management shall not require a 
		homeowner, who is replacing a mobilehome or manufactured home on a space 
		in the park, in which he or she resides, to use a specific broker, 
		dealer, or other person as an agent in the purchase of or installation 
		of the replacement home.
	
		(e) 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.
	
		(f) This section shall become operative 
		on July 1, 2016.
	
		(Added by Chap. 288, Stats. 2015 (SB 
		419; McGuire), eff. 7/1/2016)
	
 
	
		798.72 NO TRANSFER OR 
		SELLING FEE
	
 
	
		(a) The management shall not charge a 
		homeowner, an heir, joint tenant, or personal representative of the 
		estate who gains ownership of a mobilehome in the mobilehome park 
		through the death of the owner of the mobilehome who was a homeowner at 
		the time of his or her death, or the agent of any such person 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, an heir, joint tenant, or 
		personal representative of the estate who gains ownership of a 
		mobilehome in the mobilehome park through the death of the owner of the 
		mobilehome who was a homeowner at the time of his or her death, or the 
		agent of any such person.
	
		(b) The management shall not charge a 
		prospective homeowner or his or her agent, upon purchase of a mobilehome, 
		a fee as a condition of approval for residency in a park unless the 
		management performs a specific service in the sale. The management shall 
		not impose a fee, other than for a credit check in accordance with 
		subdivision (b) of Section 798.74, for an interview of a prospective 
		homeowner.
	
		(Amended by Stats. 1989, Chap. 745 (AB 
		1914, N.Waters), eff. 1/1/1990)
	
 
	
		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 the sale of the 
		mobilehome to a third party during the term of the homeowner's rental 
		agreement or in the 60 days following the initial notice required by 
		paragraph (1) of subdivision (b) of Section 798.55. 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:
	
		(a) It is not a “mobilehome” within the 
		meaning of Section 798.3.
	
		(b) 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, as 
		determined following an inspection by the appropriate enforcement 
		agency, as defined in Section 18207 of the Health and Safety Code.
	
		(c) 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, as determined following an inspection by the appropriate 
		enforcement agency, as defined in Section 18207 of the Health and Safety 
		Code.
	
		(d) It is in a significantly rundown 
		condition or in disrepair, as determined by the general condition of the 
		mobilehome and its acceptability to 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. The management of the park may not 
		require repairs or improvements to the park space or property owned by 
		the management, except for damage caused by the actions or negligence of 
		the homeowner or an agent of the homeowner.
	
		(e) The management shall not require a 
		mobilehome to be removed from the park, pursuant to this section, unless 
		the management has provided to the homeowner notice particularly 
		specifying the condition that permits the removal of the mobilehome.
	
		(Amended by Stats. 2008, Chap. 179 (SB 
		1498, Committee on Judiciary), eff. 1/1/2009)
	
		The following intent 
		language appears in Section 3 of AB 682 (Chap. 561, Stat. 2004) but not 
		in this code:
	
		"This act is not 
		intended to provide the purchaser of a mobilehome a right to a tenancy 
		in a mobilehome park when the selling tenant has had his or her tenancy 
		terminated pursuant to subdivision (f) or (g) of Section 798.56 of the 
		Civil Code."
	
		The following intent 
		language appears in Section 4 of AB 682 (Chap. 561, Stat. 2004) but not 
		in this code:
	
		"This act is not 
		intended to affect park management's existing rights and remedies to 
		recover unpaid rent, utility charges, or Reasonable incidental charges, 
		and may not be construed to provide for an exclusive remedy."
	
 
	
		798.73.5 HOME 
		UPGRADES ON RESALE 
	
	
 
	
		(a) In the case of a sale or transfer 
		of a mobilehome that will remain in the park, the management may only 
		require repairs or improvements to the mobilehome, its appurtenances, or 
		an accessory structure that meet all of the following conditions:
	
		- 
		
			(1) Except as provided by Section 
			798.83, the repair or improvement is to the mobilehome, its 
			appurtenances, or an accessory structure that is not owned and 
			installed by the management.
		
 
		- 
		
			(2) The repair or improvement is 
			based upon or is required by a local ordinance or state statute or 
			regulation relating to mobilehomes, or a rule or regulation of the 
			mobilehome park that implements or enforces a local ordinance or a 
			state statute or regulation relating to mobilehomes. 
		
		
 
		- 
		
			(3) The repair or improvement 
			relates to the exterior of the mobilehome, its appurtenances, or an 
			accessory structure that is not owned and installed by the 
			management.
		
 
	 
	
		(b) The management, in the case of sale 
		or transfer of a mobilehome that will remain in the park, shall provide 
		a homeowner with a written summary of repairs or improvements that 
		management requires to the mobilehome, its appurtenances, or an 
		accessory structure that is not owned and installed by the management no 
		later than 10 business days following the receipt of a request for this 
		information, as part of the notice required by Section 798.59. This 
		summary shall include specific references to park rules and regulations, 
		local ordinances, and state statutes and regulations relating to 
		mobilehomes upon which the request for repair or improvement is based.
	
		(c) The provisions of this section 
		enacted at the 1999-2000 Regular Session of the Legislature are 
		declarative of existing law as they pertain to allowing park management 
		to enforce park rules and regulations; these provisions specifically 
		limit repairs and improvements that can be required of a homeowner by 
		park management at the time of sale or transfer to the same repairs and 
		improvements that can be required during any other time of a residency.
	
		(Added by Stats. 2000, Chap. 554 (AB 
		2239, Corbett), eff. 1/1/2001)
	
 
	
		798.74 MANAGEMENT 
		APPROVAL OF BUYER; CREDIT RATING REFUND
	
 
	
		(a) 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. In 
		determining whether the purchaser has the financial ability to pay the 
		rent and charges of the park, the management shall not require the 
		purchaser to submit copies of any personal income tax returns in order 
		to obtain approval for residency in the park. However, management may 
		require the purchaser to document the amount and source of his or her 
		gross monthly income or means of financial support. Upon written request 
		of any selling homeowner or prospective homeowner who proposes to 
		purchase a mobilehome that will remain in the park, management shall 
		inform that person, in writing, of the information management will 
		require and the standards that will be utilized in determining if the 
		person will be acceptable as a homeowner in the park.
	
		Within 15 business days of receiving 
		all of the information requested from the prospective homeowner, the 
		management shall notify the seller and the prospective homeowner, in 
		writing, of either acceptance or rejection of the application, and the 
		reason if rejected. During this 15-day period the prospective homeowner 
		shall comply with the management's request, if any, for a personal 
		interview. If the approval of a prospective homeowner is withheld for 
		any reason other than either of the following, the management or owner 
		may be held liable for all damages proximately resulting therefrom:
	
		
			(1) Reasons stated in this article.
		
			(2) Reasons based upon fraud, 
			deceit, or concealment of material facts by the prospective 
			purchaser.
	 
	
		(b) If the management collects a fee or 
		charge from a prospective purchaser of a mobilehome in order to obtain a 
		financial report or credit rating, the full amount of the fee or charge 
		shall be credited toward payment of the first month's rent for that 
		mobilehome purchaser. If, for whatever reason, the prospective purchaser 
		is rejected by the management, the management shall refund to the 
		prospective purchaser the full amount of that fee or charge within 30 
		days from the date of rejection. If the prospective purchaser is 
		approved by the management, but, for whatever reason, the prospective 
		purchaser elects not to purchase the mobilehome, the management may 
		retain the fee, or a portion thereof, to defray its administrative costs 
		under this section.
	
		(c) This section shall become operative 
		on July 1, 2016.
	
		(Added by Stat. 2015, Chap. 288 (SB 
		419, McGuire), eff. 7/1/2016)
	
 
	
		798.74.4 MOBILEHOME 
		RESALE DISCLOSURE TO NEW BUYER
	
 
	
		The transfer or sale of a manufactured 
		home or mobilehome in a mobilehome park is subject to the transfer 
		disclosure requirements and provisions set forth in Article 1.5 
		(commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of the 
		Civil Code. The requirements include, but are not limited to, the use of 
		the Manufactured Home and Mobilehome Transfer Disclosure Statement set 
		forth in Section 1102.6d of the Civil Code.
	
		(Added by Stats. 2003, Chap. 249 (SB 
		116, Dunn), eff. 1/1/2004)
	
 
	
		798.74.5 RENT 
		DISCLOSURE TO PROSPECTIVE HOMEOWNERS
	
 
	
		(a) Within two business days of 
		receiving a request from a prospective homeowner for an application for 
		residency for a specific space within a mobilehome park, if the 
		management has been advised that the mobilehome occupying that space is 
		for sale, the management shall give the prospective homeowner a separate 
		document in at least 12-point type entitled ‘‘INFORMATION FOR 
		PROSPECTIVE HOMEOWNERS,'' which includes the following statements:
	
		 
	
		“As a prospective homeowner you are 
		being provided with certain information you should know prior to 
		applying for tenancy in a mobilehome park. This is not meant to be a 
		complete list of information. 
	
	
		Owning a home in a mobilehome park 
		incorporates the dual role of ‘‘homeowner'' (the owner of the home) and 
		park resident or tenant (also called a ‘‘homeowner'' in the Mobilehome 
		Residency Law). As a homeowner under the Mobilehome Residency Law, you 
		will be responsible for paying the amount necessary to rent the space 
		for your home, in addition to other fees and charges described below. 
		You must also follow certain rules and regulations to reside in the 
		park.
	
		 
	
		If you are approved for tenancy, and 
		your tenancy commences within the next 30 days, your beginning monthly 
		rent will be $______ (must be completed by the management) for space 
		number _______ (must be completed by the management). Additional 
		information regarding future rent or fee increases may also be provided.
	
		 
	
		In addition to the monthly rent, you 
		will be obligated to pay to the park the following additional fees and 
		charges listed below. Other fees or charges may apply depending upon 
		your specific requests. Metered utility charges are based on use.
	
		____________________________________________________________________________
	
		____________________________________________________________________________
	
		(Management shall describe the fee or 
		charge and a good faith estimate of each fee or charge.)
	
		 
	
		Some spaces are governed by an 
		ordinance, rule, regulation, or initiative measure that limits or 
		restricts rents in mobilehome parks. These laws are commonly known as 
		“rent control.” Prospective purchasers who do not occupy the mobilehome 
		as their principal residence may be subject to rent levels which are not 
		governed by these laws. (Civil Code Section 798.21) Long-term leases 
		specify rent increases during the term of the lease. By signing a rental 
		agreement or lease for a term of more than one year, you may be removing 
		your rental space from a local rent control ordinance during the term, 
		or any extension, of the lease if a local rent control ordinance is in 
		effect for the area in which the space is located.
	
		A fully executed lease or rental 
		agreement, or a statement signed by the park's management and by you 
		stating that you and the management have agreed to the terms and 
		conditions of a rental agreement, is required to complete the sale or 
		escrow process of the home. You have no rights to tenancy without a 
		properly executed lease or agreement or that statement. (Civil Code 
		Section 798.75)
	
		If the management collects a fee or 
		charge from you in order to obtain a financial report or credit rating, 
		the full amount of the fee or charge will be either credited toward your 
		first month's rent or, if you are rejected for any reason, refunded to 
		you. However, if you are approved by management, but, for whatever 
		reason, you elect not to purchase the mobilehome, the management may 
		retain the fee to defray its administrative costs. (Civil Code Section 
		798.74)
	
		We encourage you to request from 
		management a copy of the lease or rental agreement, the park's rules and 
		regulations, and a copy of the Mobilehome Residency Law. Upon request, 
		park management will provide you a copy of each document. We urge you to 
		read these documents before making the decision that you want to become 
		a mobilehome park resident.
	
		Dated: 
		______________________________________________________
	
		Signature of Park Manager: 
		______________________________________
	
		Acknowledge Receipt by Prospective 
		Homeowner: ____________________
	
		 
	
		(b) Management shall provide a 
		prospective homeowner, upon his or her request, with a copy of the rules 
		and regulations of the park and with a copy of this chapter.
	
		(Amended by Stats. 2012, Chap. 337 (AB 
		317, Calderon), eff. 10/1/2013)
	
 
	
		798.75 RENTAL 
		AGREEMENT REQUIRED FOR PARK OCCUPANCY
	
 
	
		(a) An escrow, sale, 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 
		copy of either a fully executed rental agreement or a statement signed 
		by the park's management and the prospective homeowner that the parties 
		have agreed to the terms and conditions of a rental agreement.
	
		(b) In the event the purchaser fails to 
		execute the rental agreement, the purchaser shall not have any rights of 
		tenancy.
	
		(c) In the event that an occupant of a 
		mobilehome has no rights of tenancy and is not otherwise entitled to 
		occupy the mobilehome pursuant to this chapter, the occupant is 
		considered an unlawful occupant if, after a demand is made for the 
		surrender of the mobilehome park site, for a period of five days, the 
		occupant refuses to surrender the site to the mobilehome park 
		management. In the event the unlawful occupant fails to comply with the 
		demand, the unlawful occupant shall be subject to the proceedings set 
		forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 
		of the Code of Civil Procedure.
	
		(d) The occupant of the mobilehome 
		shall not be considered an unlawful occupant and shall not be subject to 
		the provisions of subdivision (c) if all of the following conditions are 
		present: 
	
	
		(1) The occupant is the registered 
		owner of the mobilehome.
	
		(2) The management has determined that 
		the occupant has the financial ability to pay the rent and charges of 
		the park, will comply with the rules and regulations of the park, based 
		on the occupant's prior tenancies, and will comply with this article.
	
		(3) The management failed or refused to 
		offer the occupant a rental agreement. 
	
	
		(Amended by Stats. 1990, Chap. 645 (SB 
		2340, Kopp), eff. 1/1/1991)
	
 
	
		798.75.5 MOBILEHOME 
		PARK DISCLOSURE FORM
	
 
	
		(a) The management shall provide a 
		prospective homeowner with a completed written disclosure form 
		concerning the park described in subdivision (b) at least three days 
		prior to execution of a rental agreement or statement signed by the park 
		management and the prospective homeowner that the parties have agreed to 
		the terms and conditions of the rental agreement. The management shall 
		update the information on the disclosure form annually, or, in the event 
		of a material change in the condition of the mobilehome park, at the 
		time of the material change in that condition.
	
		(b) The written disclosure form shall 
		read as follows:
	
 
	
		(see next 
		page)
	
 
	
		798.76 SENIOR ONLY 
		RESTRICTIONS
	
 
	
		The management may require that a 
		prospective purchaser 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 federal Fair 
		Housing Act as amended by Public Law 104-76 and implementing 
		regulations.
	
		(Amended by Stats. 1996, Chap. 61 (SB 
		1585, Craven), eff. 6/10/1996)
	
 
	
		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 policy and shall be void and unenforceable.
	
		(Amended by Stats. 1983, Chap. 519 (AB 
		1052, Bader), eff. 1/1/1984)
	
 
	
		798.78 RIGHTS OF HEIR 
		OR JOINT TENANT OF OWNER
	
 
	
		(a) An heir, joint tenant, or personal 
		representative of the estate who gains ownership of a mobilehome in the 
		mobilehome park through the death of the owner of the mobilehome who was 
		a homeowner at the time of his or her death 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 death of the homeowner have been satisfied as they have accrued 
		pursuant to the rental agreement in effect at the time of the death of 
		the homeowner up until the date the mobilehome is resold.
	
		(b) In the event that the heir, joint 
		tenant, or personal representative of the estate does not satisfy the 
		requirements of subdivision (a) with respect to the satisfaction of the 
		homeowner's responsibilities and liabilities to the management which 
		accrue pursuant to the rental agreement in effect at the time of the 
		death of the homeowner, the management shall have the right to require 
		the removal of the mobilehome from the park.
	
		(c) Prior to the sale of a mobilehome 
		by an heir, joint tenant, or personal representative of the estate, that 
		individual may replace the existing mobilehome with another mobilehome, 
		either new or used, or repair the existing mobilehome so that the 
		mobilehome to be sold complies with health and safety standards provided 
		in Sections 18550, 18552, and 18605 of the Health and Safety Code, and 
		the regulations established thereunder. In the event the mobilehome is 
		to be replaced, the replacement mobilehome shall also meet current 
		standards of the park as contained in the park's most recent written 
		requirements issued to prospective homeowners.
	
		(d) In the event the heir, joint 
		tenant, or personal representative of the estate desires to establish a 
		tenancy in the park, that individual shall comply with those provisions 
		of this article which identify the requirements for a prospective 
		purchaser of a mobilehome that remains in the park.
	
		(Amended by Stats. 1989, Chap. 745 (AB 
		1914, N.Waters), eff. 1/1/1990)
	
 
	
		798.79 REPOSSESSION 
		OF MOBILEHOME; SALE TO THIRD PARTY
	
 
	
		(a) 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 this 
		article, but only if all the homeowner's responsibilities and 
		liabilities to the management regarding rent, utilities, and Reasonable 
		maintenance of a mobilehome and its premises are satisfied by the 
		foreclosing creditor as they accrue through the date the mobilehome is 
		resold.
	
		(b) In the event the legal owner or 
		junior lienholder has received from the management a copy of the notice 
		of termination of tenancy for nonpayment of rent or other charges, the 
		foreclosing creditor's right to sell the mobilehome within the park to a 
		third party shall also be governed by Section 798.56a.
	
		(Amended by Stats. 1991, Chap. 190 (AB 
		600, Chacon), eff. 1/1/1992)
	
 
	
		798.80 SALE OF PARK - 
		NOTICE BY MANAGEMENT
	
 
	
		(a) Not less than 30 days nor more than 
		one year prior to an owner of a mobilehome park entering into a written 
		listing agreement with a licensed real estate broker, as defined in 
		Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of 
		Division 4 of the Business and Professions Code, for the sale of the 
		park, or offering to sell the park to any party, the owner shall provide 
		written notice of his or her intention to sell the mobilehome park by 
		first-class mail or by personal delivery to the president, secretary, 
		and treasurer of any resident organization formed by homeowners in the 
		mobilehome park as a nonprofit corporation, pursuant to Section 23701v 
		of the Revenue & Taxation Code, stock cooperative corporation, or other 
		entity for purposes of converting the mobilehome park to condominium or 
		stock cooperative ownership interests and for purchasing the mobilehome 
		park from the management of the mobilehome park. An offer to sell a park 
		shall not be construed as an offer under this subdivision unless it is 
		initiated by the park owner or agent.
	
		 
	
		(b) An owner of a mobilehome park shall 
		not be required to comply with subdivision (a) unless the following 
		conditions are met:
	
		- 
		
			(1) The resident organization has 
			first furnished the park owner or park manager a written notice of 
			the name and address of the president, secretary, and treasurer of 
			the resident organization to whom the notice of sale shall be given.
		
 
		- 
		
			(2) The resident organization has 
			first notified the park owner or manager in writing that the park 
			residents are interested in purchasing the park. The initial notice 
			by the resident organization shall be made prior to a written 
			listing or offer to sell the park by the park owner, and the 
			resident organization shall give subsequent notice once each year 
			thereafter that the park residents are interested in purchasing the 
			park.
		
 
		- 
		
			(3) The resident organization has 
			furnished the park owner or park manager a written notice, within 
			five days, of any change in the name or address of the officers of 
			the resident organization to whom the notice of sale shall be given.
		
 
	 
	
		(c) Nothing in this section affects the 
		validity of title to real property transferred in violation of this 
		section, although a violation shall subject the seller to civil action 
		pursuant to Article 8 (commencing with Section 798.84) by homeowner 
		residents of the park or resident organization.
	
		 
	
		(d) Nothing in this section affects the 
		ability of a licensed real estate broker, as defined in Article 1 
		(commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of 
		the Business and Professions Code, to collect a commission pursuant to 
		an executed contract between the broker and the mobilehome park owner.
	
		(e) Subdivision (a) does not apply to 
		any of the following:
	
		- 
		
			(1) Any sale or other transfer by a 
			park owner who is a natural person to any relation specified in 
			Section 6401 or 6402 of the Probate Code.
		
 
		- 
		
			(2) Any transfer by gift, devise, 
			or operation of law.
		
 
		- 
		
			(3) Any transfer by a corporation 
			to an affiliate. As used in this paragraph, “affiliate” means any 
			shareholder of the transferring corporation, any corporation or 
			entity owned or controlled, directly or indirectly, by the 
			transferring corporation, or any other corporation or entity 
			controlled, directly or indirectly, by any shareholder of the 
			transferring corporation.
		
 
		- 
		
			(4) Any transfer by a partnership 
			to any of its partners.
		
 
		- 
		
			(5) Any conveyance resulting from 
			the judicial or nonjudicial foreclosure of a mortgage or deed of 
			trust encumbering a mobilehome park or any deed given in lieu of 
			such a foreclosure.
		
 
		- 
		
			(6) Any sale or transfer between or 
			among joint tenants or tenants in common owning a mobilehome park.
		
 
		- 
		
			(7) The purchase of a mobilehome 
			park by a governmental entity under its powers of eminent domain.
		
 
	 
	
		(Amended by Stats. 1994, Chap. 219 (AB 
		1280, Craven), eff. 1/1/1995)
	
 
	
		798.81 LISTING OR 
		SALES - PROHIBITIONS
	
 
	
		The management 1) shall not prohibit 
		the listing or sale of a used mobilehome within the park by the 
		homeowner, an heir, joint tenant, or personal representative of the 
		estate who gains ownership of a mobilehome in the mobilehome park 
		through the death of the owner of the mobilehome who was a homeowner at 
		the time of his or her death, or the agent of any such person other than 
		the management, 2) nor require the selling homeowner to authorize the 
		management to act as the agent in the sale of a mobilehome as a 
		condition of approval of the buyer or prospective homeowner for 
		residency in the park.
	
		(Amended by Stats. 1989, Chap. 745 (AB 
		1914, N.Waters), eff. 1/1/1990)
	
 
	
		798.82 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, 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)
	
 
	
		798.83 HOMEOWNER 
		REPAIR OF THE SPACE
	
 
	
		In the case of a sale or transfer of a 
		mobilehome that will remain in the park, the management of the park 
		shall not require repairs or improvements to the park space or property 
		owned by the management, except for damage caused by the actions or 
		negligence of the homeowner or an agent of the homeowner.
	
		(Added by Stats. 1997, Chap. 367 (AB 
		672, Honda), eff. 1/1/1998)
	
 
     
	
		
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