HomeMy WebLinkAboutEVELYN CLAUDE/WILLIAM CONWAY - 1997-11-03Council/Agency Meeting Held: ii4Z/97
Deferred/Continued to:
Council Meeting Date:
Denied
November 3, 1997
City Clerles Signature
Department ID Number: ED 97-49
CITY OOF HUNTINGTON =EACH
REQUEST FOR CITY COUNCIL/REDEVELOPMENT AGENCY ACTION
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SUBMITTED TO: Honorable Chairman and Redevelopment Agency Members
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SUBMITTED BY: Michael T. Uberuaga, City Administrator/Executive Director
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PREPARED BY: David C. Biggs, Director of Economic De fho
Robert J. Franz, Deputy City Administra
SUBJECT: AUTHORIZE SALE ARID TRANSFER OF OWNERSHIP: OC A
VIEW ESTATES (`�051 ELLIS AVENUE) MOBILE HOME UN #36
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental
Statement of Issue: The estate of Evelyn Claude has requested that the
Redevelopment Agency approve the sale of his mobile home to a third party for
$20,000.00 cash. The Agency did not pursue its option to purchase the home for
the full "Agreed Value" of $55,339.80, thus allowing the estate to sell to a third
party. If a third party sale is completed, then the Agency must pay the difference
between the sale price and the Agreed Value ($55,339.80 - $20,000.00 =
$36,339.80) as outlined in the Driftwood Acquisition and Relocation Agreement.
Funding Source: Budgeted 1997-98 Redevelopment Funds (Account Number to be
Assigned).
Recommended Action(s): Motion to:
As the Redevelopment Agency:
1. Authorize the sale of Ocean View Estates Space #36 by the estate of Evelyn Claude to
Mr. William Conway for $20,000.00.
2. Authorize the Executive Director to execute documents necessary to deliver $35,339.80
to the purchase escrow as the Agency's gap payment.
As the City:
1. Authorize the Mayor and City Clerk to execute the attached rental agreement upon
acceptance and execution by the prospective purchaser, Mr. William Conway.
RAASP#36.DOC - 10/22/97 4:41 PM
REQUEST FOR CTfY COUNCIUREDEVELOPMERT AGENCY ACTION
MEETING DATE: November 3,1997 DEPARTMENT ID NUMBER: ED 97-49
Alternative Action(s):
1. Do not accept the lease agreement as it is currently written. Direct staff to change
specific terms, or renegotiate with the prospective tenant.
Analysis:
On August 5, 1988, the Agency entered into a Disposition and Development Agreement with
The Robert Mayer Corporation for the development of The Waterfront Project. As a part of
that agreement, the Agency entered into a Relocation Agreement with the residents of
Driftwood Mobile Home Park. Section XI(B) of the Agreement outlines the resale rights of
the tenant and the Agency's rights and obligations:
"1. Right of Resale and Price Guarantee: Any Tenant who relocates to Ocean
View Estatos I or 11, and after the second year following occupancy, is unable
to sell the mobile home for a price equal to the Agreed Value for a period of
no less than ninety (90) days, may then offer to sell to the Agency for the
Agreed Value. The Agency may elect, within thirty (30) days following written
notice'of the offer to sell, to either:
(a) Acquire Tenant's mobile home at the Agreed Value and pay all costs
occasioned by the sale; or
(b) Permit Tenant to sell the mobile home on the open market and
immediately upon close of escrow, if the Tenant receives less than the
Agreed Value (before paying any liens), the Agency shall pay the
difference to Tenant, but if the Tenant receives more than the Agreed
Value, Tenant shay retain all sale proceeds;
(c) Failure by the Agency to provide Tenant with written notice of its election
within thirty (30) days of receipt of the offer to sell by the Agency shall be
deemed to be rejection of the offer and an agreement to proceed under
paragraph B.1.(b) of this Section!
Ms. Claude's estate listed her mobile home for sale for the 1995 Agreed Value for a ninety
(90) day period beginning February 1, 1996. The home has been on the market
continuously since that time, and a cash offer for $20,000.00 has been submitted to Janice
Frahm, Executrix. The Agency was notified of the end of the ninety day marketing period
and given the opportunity to purchase the home as required by the relocation agreement.
The Agency did not exercise its purchase option.
RAASP#35.DOC -2- 10/22197 4:41 PM
REQUEST FOR CTfY COUNCIUREDEVELOPMERT AGENCY ACTION
MEETING DATE: November 3,1997
Lease Agreement
DEPARTMENT ID NUMBER: ED 97-49
If the Agency chooses to let the sale to a third party conclude, then a lease will be needed
for the new tenant. The attached lease (Attachment No. 2) will be between the City and the
third party because the City owns and manages the park (through the Real Estate Services
Division of Administrative Services). The City has the right to approve the purchaser and
may only reject a purchaser if they lack the financial ability to pay, or demonstrate the
potential to violate the rules and regulations of the park based on past tenancies elsewhere.
The information needed to make this decision was requested, Mr. Conway is an acceptable
tenant, and the lease agreement was offered for his signature and returned for Council
approval.
The terms of the proposed lease are as follows: $495 per month for the first 12 months;
$545 per month for the second 12 months; and $595 per month for the third 12 month term.
The rent will increase thereafter by 7% annually, or by the percentage increase in the CPI,
whichever is greater. If approved, this lease would be the second of its kind offered to a
prospective 4VE resident that was not relocated from the Driftwood Mobile Home Park. The
proposed terms of the lease are a result of good faith negotiations between the parties.
Environmental Status: NIA
1. Escrow Instructions
2. Lease Agreement
GAB, Ext. 8831
FiAASP#35.DOC -3- 10/22197 4:41 PM
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Escrow Instructions
15MENT
-41
EXPRESS
E-1
7812 Edinger Avcnue • Suite 300 • Huntington Beach. CA 92647
(714) 8474747 • FAX (714) 848-9174
AugL at 20, 1997
ESCROW COMPANY
CITY OF IRRM OW BEUX
REDEVBLOiMENT DEPART!' Wr
ATTN; LUAM
Escrow no. 2-18805-R
Dear Luarm:
An eacror has been opened with this office for the eale of the mobilehome
located at 7051 Ellis Avw m, Spade 36, MunUngton Beach, CA.
Enclosed is a copy of oocrow instructions for Your information. Please
consider this a Dematnd for funds due Evelyn Cla Me(3anice Frahm,
Rxecutrix) We will advise you when the escrow is in a position to close
the escrow.
If you have any QnAstions, please feel free to call use. Plamm note we
have moved to a rw location.
Sincerely, ,
�sl�.cr
Rose Marie Wojtkiewicz,
l;wm w officer
MANUFACTURED JIOME 010,91LEHOME) SELLERIRUYER
D£Pr(--NT� ESCROW INSTRUCTIONS (RESAT
TO: EXPRM ESCROW COMPANY (Dept. ofCwporatioer License #W"369) Escrow No. 2-1880"
7812 Edieger Avnwve - Suite 300
luau eu%ton Remelt. Catifoenla 97647 gate 08/12/97
(714) 9474747 - FAX (714)148-9174
THE UNDERSIGNED WILL jMg98Y DELIVCR TQ YOU. IN XSCROW. TIDE IrM?4 DESCRMED BELOW AND
i.@k AUCTS YOU TO ii " AND DLSStMSE PURSUANT TO 1NMUCTIONS 88T TOMM HXRE1N:
A. Eumw 10 Close on or before Art 20,IA99 _ _or a goon ss potable thereafter.
D. The Sctkrnnder0xse irstrse km Is JAXICR FRAHM, E MMITOX _
( `SdMi•
C. Toe VU13 It R. t30my
(hereinafter -Buyer).
D. The followinE will be deposited with Escrow Agent:
I. Mid oats:de ofesrsarr.............................................. S
2. Cash, dcpWW haewkh ............................................. S
7. Qsk to be deposlW PrW to the close of arrow ........................... Sw 20 000-QQ •••
4. L.wn of record ................................................... S
3. Mein $
6. Total CMS;dc1Wiou................................................. S, 20,000.00
""Plus sufrident feuds to Cover dositg Costs.
E. The +bore fe(at Treed guns tepessent pwneal loward dwt oextain mnwfadared home dacrlbod sic
manfactutees titer and/or Model smtlm Hi91t8S. BBC . Year _ 2989_ .
Size (k+tgth & width) S2 1 124 DA K Insignia or Federal Label# 0L360079,g1L360080,_
Serinl# 4r, -)env 4%72U2'tt-gvP Lootion - 701 Salft _IIFAM, PANT 36
F. Escrow Agent is beraby srtho&W and instructed to erase a Moratnrivin on the Tick Records of the Department of Ilouft and
Comaweity Devetoproom (berdkufler HrCD.), or V apptkable. obeaia a IC..Stt. Tdle Report Lrom ILC M F.scro.v Age at Is rebored
of all retponsiWity and/or liability what mver for any Tien: not of row with H.CA. prior to dose of escrow.
G. Whm the nutnufammvc! holm Is located In a mobr7dtome part at time of oak and Is to rednala is the awbikhome part. one of tie
following shall be de rvened inso escrow. Other 1) a copy of a filly e:ocuted rattal aVeancra. at 2) a declamion signed by park
a aagernent and the p(aspectire horscowser (as defined in section 791.9 of tic Civil Code) dw the panes bate agreed to the taint
and conditlotrx of a reaoa[ agsanertt By aeCepting either a copy of the rental agreement or a declrmloe acknowkd&g the same,
escrow Is net undertaking to review same with fespeet to k1A sufGeirncy. atfarceability. or otbe also; and the Wks to" escrow
hereby fully and todtpiAdy lndeam [if and telease Escrow Agog with regard to any claims prodkow pat the cove K legality.
or enroreeahii1W of sire rectal ogratinest. The Win to this escrow warrant geld ..pim to Escrow Atari that any such rental
aVvaseor deposited Wo escrow, in fect a festal agreement by and between pet and uwnt. hotly end oom kufy exep>;cd by all
necessary Parties affeetierg the Spann wbrre the asanufne weed home is located, and [Lot tame discharges gay and all of escrow's
tespoa+]bilitks toreeetve here escrow a fatty executed copy atis feral agreement er deetrrieet Hereof.
H. When ail doewnenb, and cash "Ired under these instructions lave been deposked into escrow, escrow is authorized and Insuuued
to elosc this escrow. pay all Ilens of record with H.0 D. If aWkabk, and didwm Arad:.
L Escrow Is hereby whorized to romply with any wWn ioo or rrgvirevint of a keder os a torrditroo of utifufrtg k ws funds.
J. Escrow agent h tackled to and may retain from escrow proweds ks reasmable lees and emu for servioea rendered-
K. Escrow Agent may prepare far Dvyer's sad Sdwt aseetrfian a power of attorney for the subject ttanutadurod home appointing
EXPRESS ESCROW COMPANY as their ertaM In fact for the purpvte of srawfcrring ownership and paying fees reef kW to
ILCD. .
THE PAR I IES ACKNOWLEDGE THAT THEY HAVE READ. UNDERSTOOD AND ACRIfCD TO THE TERMS. PROVLSMS
AND CONDTTI0a6 CONTAINED ABOVE A" ACKNOWLEDGE RECEIPT OF A SIGNED COPY Of THUS DOCUMENT:
i
So= BUYER
JAMICS YRAW, Eannm I iinLUM H. 00my
of i true and Correa�r
Moir► ��� . a
STita l
ADDRESS52
20
ATF-
k 21P CODS MICIt#3'1'ON t1EllLif. CA 926* A ZIP CODE
TELEPHONE NO. (71 -$1--S93 TELMIONE NO.
PAGE 1 Of 2
EM-129A 0 C.ppigin Ear, Emus comww ter. Sam
CA 92"S
MANUEACTURED110ME CMOBILEI101ME) SELLEWBUYER
' • .
DE ESCROW INSTRUCTIONS aWSA 3)
E-wrow No. 2•-!cuss—R
pate O8 19 9?
L,
Escrow Aaaet may prepare a CertlCx*c of Recall Value Aw Bryres egecutioa and depoth hero esrrow prior eo elow ertserow.
pursuant to "gas and SetWe owttW aaeeemeat. Buyer lariat rteposit the ammm required by II.C.D. for use tax. !'hirer
adtnowkdpes that the Stare Hoard of Equoltallon may asd4 do tale and In such event Buyer may be required to pay the Sales
Tut dif e"W of the eovikkrnion d o% herein phut bxuest and ptyrlties. If drew funds are rlequirld by fhe Sate Doard
of Equaiiution. Buyer wM pay raid Sea dirm and Esrow Adept it twt to be further concerned and k relkvtd of arty liability
coocernioa ease [ akloasl fees.
M.
Escrow Atent is btrcby =*wind and Iwmmd by the panic bexin so Irwrt the date of dose of escrow on the fact of the
fcre.= mg ctrtirlwe of Re to Vatoe Over the eigmure of &ryer at bete of extow.
N.
Buyer and Seller hereby Insmxx Eetro a Atent to Mim an dworwalt and ts»aies deposited into thls escrow necessary to
u=icr ownership as called for In t hate 1immkm par rwm* renewal fern plus penoliics, if any. and mmsfer feu to H.C.D.
a.
It is hemby wudetstood that Buyer dW1 be mponslble for matins are innw&q t on subject tmtwreavned home in an arnowst
cad with a compwy wlsfaetoty to lender; timid batttaxe to be obtalaed o uu*& : of escrow and Escrow Atcut is awl to be [abet
aNxerved dierewith.
P.
Escrow Agent Is rAhorkcd to tealte Ste fonowhg promisor a of CUM OP >r
( ) Spatz R-M. (X) Lkaw rv� ( ) Loa! Pnoperty Tag.
Q.
If the ow ditions of flis escrow Save eat been t nmplied with prior to the slate stated In 'A'above, or any extension thereof, you
are DeVatbekst to a rWICte the cams as aooa a the ootdkioas, est•ept as 10 time. have been ooranlW with vmkss written
demand than Mve boon made npoe you ewt to eaaopkte It.
R.
In she event of a delay In the airbus ptocess. for whaeever ream. Buyer aaron to provide $serow Atom vrith a new T•aa
Ckarmw Ccrtirkmc (f appUcabk) if sae Is required by H.CD.
S.
Vpoo close: of escrow. Seller atrca so ukase 90 sljlru. side land InI&M In the vainly rrsrred homy.
T.
I►Editlortat instrttctiorta, BLww is ttotare that subjeCt titobile !tone ie an Loath Property 'Fact:
rather thm on "la Lieu Taur'e.
Ercrott Holder is hereby authorized and instructed to order a Conditional Tax
Clearawe certificate from the County Hex Collector and to t3wgo yeller for
same.
shyer and S911er each agree to pntr aw half ssernv fee. 8acrvw Holder is hereby
authori.=4 wd lastrucUC to charge atooNdingly.
All parties bereW medmowledIx that =Mle bGms is bait* sold in "AS 130
coadit].m and seller ttteicss no trazrartt y to its condition, wTTossed or iaplied.
Certified tq be 11 he and cwwt copy --""•
of the original.
ESCROW COMPANY
ADDITIONAL II159oCFIm OONTriam df ATFAQii'.D PMM
THE PART=ACMOWLEDGLTHATlMHAVER]A%UNDERSTOODAND AGRMTOTISETEitMS.PROYLSIONS
AND CONDMONS CORrANEDABOVEAND ON TER 11U_SPE J 7tFOF AND ACKNOWLIEDGE:RECL7i'I'OF A
SICK COPY OF T1TlS DOCTJIv EMr.
SUIER•s IKMALS BUYER'S INMAtS
PAGE 2 OF 2
M.srsa C Cgpr iaw rar'M dorm. Cowwry R--711M
MANUFACTURED IIOtiiE (MOBILEII04I£) SELLER/BUYER
DEPr--*'r ESCROW INSTRUCTIONS (RESAY E ' i
TO: EXPRESS ESCROW COMPANY (`DeDept. of Corporations Lk Bose 9%3-0369) Escrow No. 2-18805-R
7112 Fdingcr Avenue • Suite 300
' Iiuetinguhn Beach. GIifornts 92647 Due 0OZ12/97
(714) 247-4747 • FAX C714) 948.9174
THE UNDERSIGNED WILL, HEREBY DELIVER TO YOU. IN XSCROW, THE ITEMS DESCRIBED BELOW AND
INSTRUCTS YOU TO HOLD AND DISBIIILSE ?URSIIANT TO INSTRUCTIONS SET FORTH HEREIN.
A. Escrow to close oo or before, nrtdar 20, 1997 — or as soon as posu'ble therafla.
S. TbeSetlawnder0mck Madlemis JAIIICB mum,zxzcn=
(hereinsAex `Seiko).
C'i}�e8aycratiQrslhaeia�ruttionsis WILLIAM H. CONWAY
(lhtrtmatler 'Bhrye{}
D. The rollcmem& will be deposited wish Escrow Agent.
I. Paid outside of escrow .............................................. $
2.C&d!,deposited k"kh............................................. S
3. Cash, to be deposited prior to the close of escrow ........................... S 20,000.00 •••
4. L"A Or Gem ................................................ S
S. OIIxr. S
4.TotalConsideration ................................................. S 20 000.00
•••Plus sufrkicnt Nhds to cover dosing cum
E. 7rie above nf=nftd same mpeesent psyment toward that eatain msswfwtwvd home descrn'bed m
Mmulacturcr's Name wWor Model SIOILIItIR 10= I m Year. 1989
Size (kngth A width) .. S2 X 24 . QQN. Insipnis or Fed" Label! f:M460079,Q%060080
SoiaMr LQCatiors _ 7951 Srd.IS AViDM. ffAM 36
F. Escrow Agent is haft m dwrind and Instructed to create a Moratorium on the Trtk Records of the Department of 11ouft and
Communky DevekVmm fkreinafurHl'-D.J or tf sppti abtc, e&mlo a KSR Title Report from H.CD. Fxrow Agent h retieved
*rail mpaumi(y mwor Iiabllity widsocver rot my fiats as antoo, wide ILCA. prior go chase of escrow.
G. When the rnarwfech red home is located (n a moU1dx me park at lima of sale and Is to rarlak In the esobikhom pefL ono of the
following shall be &riverod into escrow: Etha 1) a copy of a filly executed rental apemben% or 2) a declarnion stpned by part
enanagement S*d the prospective homeowner (as dtruwd in section 791.9 of the Civil Code) that die parks bare sgmeed to the terms
and eanditIoas of s tartar aVvc teK By aoerxiag ekher s copy orthe rmW o=rcement or m deciarmloo ackswwledgiog the same.
escrow [s net andauking to mvicw same with mpm to kph surriciaxy. enforceability, or otherwiwc W the parties to this cKrow
hereby fully and oarhplattly [odammlly and release Escrow Agent with tege d to any claims ptodk*W wM the content. legality,
or enfareeability or the rental egteernenL The parties to this escrow wwrwa sod npresent to Escrow Aged that any such rental
agrement deposited into escow, in cad, a remmtd sgreement by and betwom pant and knurl, t6lly and cmocidy tionded by all
weoessary Parties atrOOZfig the space who the manufactured home Is IaW4 and dial cute duehnarges any and all of escrow's
tesponshbiiitks to receive lento escrow a rutty e+rec+ded copy eta mull apeesnent a dccihvKim tbertot.
H- %%en all docmna ts, and caA tequhrd under arose instructions bare been deposited Into escrow, escrow is xAhodzcd and Instructed
to close this escio pay an ikas of mcord with FIND, if sppliobk, end dnsbunc Amds.
L Tserow is hereby authorind to comply with any eonditio4 or requiree t of a tender ss a condition of utilizing knda's funds
L Escrow agent Is entitled to and may "in from escrow Proceeds ks rwonabte fees and teas for servkcs rendered.
K. Escrnw Agent mmy prepare for STO?s gad Shcer's eum;on a power of attorney far the subject awwroaured bone appointing
EXPRESS ESCROW COMPANY as their attorney In rant for the purpose of transferring ownership and Paying furs required to
KC-D.
SHE PARTTFS ACKNOWLEDCE THAT THEY HAVE READ. UNDERM-00D AND ACREfD TO THE 7EFLms,PROYI51Olm
AND CONOrnONS CONTAINED ABOVE AND ACKNOWLEDC! RECLIPT OF A SIGNED COPY OF THIS DOCUMENT.
SELLER BUYER
JAMCB rRm, B7®LZTiBIX WILLXAM H. COIt y
oft 0r; n, 4 fry0 and COfreL caDr �
'ROW CUPAW ... ., ..
STRECT
ADDRESS
CITY. STATE.
A 21P CODI; sn rtTa•rtrYt RF71Qi._CA 92648 A ZIP CODE Inatort Beech, CA 92M
TELEPHONE NO, _17141-NI 3493 _ _ _ TELEPHONE NO 909-989--5124
PAGE 1 OF 2
E M-1294 0 CnptAgm ur v" Eno. Cb.v y ere+. Sam
MANUFACTUREAIIO:NiE (NIOBILEHOME) SELLEWBUYER
DEP"�.j ESCROW INSTRUCTIONS AT. 1111j
Ewraw No, 2-•18805--R
Date 08/19/97
L Cxrow AXON mry prepare s Cvair ste of ReWl Value for Suyrt's execution and dcposh We escrow prior to ckKc oreserer,
punuam to Buyer•: and sdlces pennant adreemesu. Bayer will akra$t the aaeount required by if.C.D. for use tax. Buy"
sckiaWladges that the; State goad of &q Wirxlon my audit the sale and In such evm ttuyer may be tcquLlccd to pay the Sales
Tax diffirmlal of the mesMrrstion sho - be..; ples Wei and penshko. if dim funds art regvind by the State Bawd
of F.quaiiasuion. Payer wW pay sald &n Qhmt and Exmw Agent it not to be (wher aonocrned and it relieved of arty iiability
canocsaiaj these addi60011 fees-
M. Escrow Agm is lkmty mawiud ttssd bus meW by the parties berein to insert tltc lots of doss of escrow on the face of the
famloin= Cet6r4de of Retaa'l Valise ow the gig=M of 8uyrt at dose of exro«.
N. Bayer sad Seller bemby iastmet EWow Iltent to drliw all docummit and mw dcpositcd into this escrow necessary to
transfer ownership as called for to these li maioec, pay r=W rawwAl fors plus panaliles, If ray, and transfer fees to K.C.D.
O. it Is he mby ww5e food that Buyer stunk be resporalbte for stxtnittg fife iarsrte+ce on subject manufamute$ been is tat amowt
and with a owpay suisfaewcy to lev&r. uld bmuxKt Itt be obtalned outside of etmm and Escrow Atetu is not so be fssrtber
cmxetned emewhh. -
P. Escrow Meat Is audxmized to snake the followbnt procx;m a of CUM M Ili
( ) Space Rem; (x) Lkdsse i rM ( ) load Pmpesy Taal.
Q. If the tlotxtitioas of this exiow hsve not bees a"Wkd vrith prior to the dec stmod is 'A'above, or any exiensiaa ehcsoof, yaws
ere aevertheless to eoaWlaa the ensow as so= a the condittona, except as to time. have been eomoied with unless wrksdt
demand shall have bads trade upon you so to wmplde k.
R. In the evcnt of a ddoy In tlsc t dkg ptviceet, for 1s4u car taesaatI Buyer agora to provide Esoa Agent with a oew Tax
Ctcattaeae Ccnifiute tr angabk) if am Es togotrod by H.C.D.
S. Y,fpon close of escrow. Setter WM to relcsac all sights, ikk and interest In the ro>arufxZttred home.
T. Additkmd instrodions: Buyer ls aware that subject mobile botae is an Local Property Taal
rathar the ten "Its Lieu Tax". -
Excrort Iioltlar is berebr auth=lzed and Snetructed to order st Catlitiooal Taus
Clearenco Certificate Szm the County Tax Collector and to charge Seller for
V-ava-
"ex and
KU parties ba-&y ad=wltdv that mobile boors In being oold is "AS IS"
coaditim and tsallor ttAatt no vanrrarr to Its omidition, evreseed or imlied.
Certitted to be 3 file and correct cagy
Of the Original.
ESCROW COMPANY
ADDITIUML INSTRiiC CM CQtiPit= CH ATTA= PAM
THE PARTIESACIWOWLMGLMUTTii>:YHAVERUD.I,I,IDMLVMD ANI) ACREEDTO VIE TERMS. PROVISIaNS
0N-0 COND[ ONZS COKPAWM ABOVEAM ON Tim ==amE lI EOP 0M ACKNOWLMC£R£CEWT OF A
SICUM COPY OF 1T1M DOCUMLNT.
SIlEA•s INMAU BUYER'S INITIALS
PACE 2 OF 2
s:ri.tton a cgvrdesr >srm" CPMW eoepuF a... erns
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Lease Agreement
ATTACHMENT #2
REQUEST FOR LATE SUBMITTAL OF RCA
Department:
'Economic Development Title ownership Transfer OvE unit 3
7,
Council Meeting Date: Date of This Request.* 10421427
mSl
REASON (Why is this RCA being submitted late?): Awaited preparation of lease. 4.
EXPLANATION I
is this RCA necessary to this agenda?):
OVE Contractual Obligation
.'CONSEQUENCE How shall delay of this RCA adverselLi meact the C!!Y?):
City would be in breach of contract.
(3 Approved 0 Denied 0 Approved 0 Denied
Initials X-
Required
-RaZ Silver Michael Uberuaga
& wqnature,.
Head
AGREEMENT BETVN'EEN THE CITY OF HUNTINGTONT BEACH AND
WILLIAM CONWAY FOR OCCUPANCY OF SPACE
IN OCEAN VIEW ESTATES MOBILEHOIITE PARK
!. PARTIES: This Occupancy Agreement is made and executed this
!3M day of 7yz,, &. 1119__f7 by and between the City of
Huntington Beach, a municipal corporation (herein called "LESSOR") and WILLIAM
CONWAY (hereinafter called "LESSEE').
2. DEMISED PREMISES: LESSOR hereby rents to LESSEE, and LESSEE
hereby rents from LESSOR, that certain Lot known as Space No. 36 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
I TERM: This lease is for a term of twelve (12) months commencing on
4. RENT: LESSEE agrees to pay LESSOR rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $495 per month for the first term of 12 months commencing
`cte«cdee, 311947 ; $545 per month for the second term of 12 months and $595 for the third
term of 12 months, and thereafter a minimum increase of 7% per year, or that percentage increase
for the previous year as set forth by the Pacific Cities and U.S. City Average All Urban
Consumers Price Index or whichever such indicator is commonly in use at the time, whichever is
greater, said percentage increase to be calculated on the previous year's base rental amount. Said
percentage rental increase shall be calculated on the previous year's base rental amount and shall
be effective July 1 annually.
(B) Said rent shall be payable monthly in advance, on the first day of each
month, plus all other sums, if any, payable hereunder, which additional charges shall be payable
within five (5) days after LESSOR renders statements of account therefore. All monies payable
hereunder shall be paid by check or money order at the City of Huntington Beach, 2 0 Main,
Tax-Eyempt- rumen Agency
? is docuent is solely f the ��y OF HUNTI� BEACH
7,1Jconway11419197 of 1 buzlne53 Of .9 My nie grotk CMG
of liw.tir.L, °c „ 4s contem— platted undar =ent Code Ctty Jerk
Sec. BY nd ghoul recordod Py,
uty City Clerk
fre f charge. -
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Huntington Beach, California 9264$. Should LESSEE issue a check or other instrument to
LESSOR which is not supported by sufficient funds or is valueless, then LESSOR may require
that payment be made in cash, in which case the LESSEE will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management') at the beginning of each anniversary year and upon
thirty (30) days written notice to LESSEE. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject LESSEE to termination of this tenancy.
(C) If the rent is not paid by the 1 Oth day of any calendar month, a late charge
of$20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. Additionally, a handling charge will be required for all checks returned by the bank
due to insufficient funds in the LESSEE'S account or for any other reason. The above amounts
shall increase yearly, based upon the yearly percentage rent increase set forth hereinabove. This
provision shall not be construed as a waiver by Management of its right to enforce any provision
hereof after any default on the part of a LESSEE. Furthermore, the acceptance of payments shall
not constitute a waiver of any breach of any rule, regulation or any covenant of the Rental
Agreement, nor shall it reinstate, continue or extend the term of the party's Rental Agreement or
affect any notice, demand or suit hereunder.
5. SECURITY DEPOSIT: At the time LESSEE executes this Lease and prior
to beginning occupancy in the Park, LESSEE shall deposit with LESSOR, the sum of $ 0O-a°
to be held by Management as security for the faithful performance of this Lease by LESSEE.
Management shall not pay LESSEE any interest on the deposit during the time it is held by
Management. LESSEE may submit a written request by Management for a refund of this deposit
after either: (1) a period of twelve (12) consecutive months has elapsed from the commencement
of this Lease, during which time LESSEE has paid, within five (5) days of applicable due dates,
all rent utilities, and service charges due under this Lease; or (2) LESSEE has sold his/her
mobilehome. Following its receipt of the written request under the first circumstances described
above, Management shall refund to LESSEE the full amount of the security deposit. On receipt
of a written request following the sale of LESSEE's mobilehome, Management shall refund to
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LESSEE the full amount of the security deposit, less any amounts owing to Management by
LESSEE for rent, utilities, or other charges due under this Lease but unpaid by LESSEE at the
time LESSEE vacates the Park.
6. STORAGE LIEN: LESSEE hereby agrees that the mobilehome will not be
removed until all rent and other charges have been paid and that for unpaid rental and charges,
LESSOR has a lien on the mobilehome placed on Space No.36. The lien rights granted LESSOR
include, but are not limited to, those granted by Section 1174 of the California Code of Civil
Procedure and Sections 1980-1991 of the California Civil Code.
7. UNPAID RENT DUE: LESSEE hereby agrees that LESSOR may recover
any unpaid rent and charges due prior to the sale of the mobilehomc.
8. PERINIISSIBLE USE OF LOT: The lot shall be used for a mobilehome,
approved by LESSOR, to be used as LESSEE's personal and actual residence only for the person
or persons named in this Agreement as LESSEE, or others authorized by California Civil Code
§§798.34 and 798.35.
9. AIANAGEAIEI!"T OF PARK: LESSOR shall be Management until such
time as a Park Manager shall be on site and vested with all the legal right of authority to enforce
the Rules and Regulations applicable to the Park.
10. COMMON AREA FACILITIES: The Park contains the following common
area facilities: Clubhouse and paved streets throughout Park. During the term of this Lease,
LESSEE shall have the right to use these facilities in common with other tenants and
Management, with the exception of Park Management's office which is reserved exclusively for
use by Management. Management, at the Park's expense, shall provide and maintain all physical
improvements in the common facilities in good working order and condition. With regard to a
sudden or unforeseeable breakdown or deterioration of these improvements, management shall
have a reasonable period of time to repair the sudden or unforeseeable breakdown or
711Jconway1169197
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deterioration and bring the improvements into good working order and condition after
Management knows or should have known of the breakdown or deterioration. For purposes of
the above, a reasonable period of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a health or safety condition, and
shall not exceed 30 days in any other case except when exigent circumstances justify a delay.
11. LOT MAINTENANCE: LESSEE shall at all times maintain LESSEE's
mobilehome and the homesite in a clean and sanitary condition, and shall cause all rubbish and
other debris to be removed from LESSEE's mobilehome and the homesite on a regular basis.
Landscaping on the homesite shall be watered and maintained by LESSEE, at LESSEE's
expense. In addition, LESSEE shall comply vdth all park rules and regulations (described
herein) pertaining to the maintenance of the homesite by LESSEE.
If LESSEE fails to maintain the homesite in accordance with this paragraph and
with applicable Park rules and regulations, Management shall have the right to perform or cause
the performance of the necessary maintenance and to charge LESSEE a reasonable fee for
services performed. Prior to exercising this right, Management first shall give LESSEE written
notice that states the specific condition to be corrected and an estimate of the charges that will be
imposed if Management corrects or causes the correction of the condition. If LESSEE fails to
correct the condition within fourteen (14) days, Management shall have the right to cause the
condition to be corrected and to impose a reasonable fee on LESSEE for the services performed.
12. LANDSCAPING:
(A) All LESSEE arc required to landscape their Lot in a clean, attractive and
well kept fashion. LESSOR encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. LESSEE must check with LESSOR's Park Manager before digging or
driving rods or stakes in the ground, as they might damage underground wiring, utility wire or
plumbing. LESSEE shall bear the cost of repairs to any utilities damaged by LESSEE.
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(B) All landscaping improvements shall at once become a part of the realty
and belong to LESSOR and shall remain upon and be surrendered with the Lot, provided that at
LESSOR"s option, LESSEE, at his expense when surrendering the Lot, shall remove all such
landscaping planted by LESSEE, and LESSEE shall repair any damage to the premises caused
by such removal.
13. PATIO FURNITURE: LESSOR expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by LESSOR's
Park Manager. No overstuffed furniture, ironing boards, brooms, mops, or other household
equipment, are allowed to be stored outside the mobilehome.
la. PETS:
(A) Pets, only under 25 pounds in weight, are permitted to be kept in the Park
only upon written permission by LESSOR.
(B) If permitted, the type of pets and conditions are set forth in separate Pet
Agreement which, if applicable, is attached and by reference made a part of this Agreement.
LESSOR reserves the right to deny the keeping or acquisition of a pet in the Park.
(C) Guests are prohibited from bringing pets into the Park.
15. PEACE AND QUIET:
(A) LESSEE are entitled to the peaceful enjoyment of their Lot and all park
facilities. Radios, televisions, record players, electronic sound systems, musical instruments or
any other noise that may cause annoyance to LESSEE must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
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16. VEHICLE CON`rROL:
(A) For the safety of the Park LESSEE and their guests, LESSOR has
established and posted a speed limit in the Park, and all LESSEE must cooperate in its
enforcement.
(B) LESSEE may park passenger vehicles only on the Lot driveway or other
designated areas. Neither LESSEE nor their visitors may park any vehicle on another LESSEE's
lot or vacant lot without the express permission of that LESSEE or LESSOR's Park Manager,
whichever is applicable. Visitors may park in the designated guest parking areas, or in their
host's driveway if space is available.
Trailers, boats and recreational vehicles not used for daily transportation
must be parked only in the designated storage areas. All motorized vehicles must meet State law
requirements in order to be operated in the Park. No inoperable, unusable or unsightly vehicles
will be allowed anywhere within the boundaries of the park, including in the storage areas.
(C) The operation of motorcycles, motor scooters, minibikes and other two
and three wheel motorized vehicles must be approved in writing by LESSOR.
17. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of LESSOR
must be obtained before construction or installation of any mobilehome accessory. Building
permits are required for certain accessories before installation. A list of the agencies requiring a
permit can be obtained from LESSOR's Park Manager.
18. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and
health laws must be obeyed at all times.
19. INSPECTION: LESSEE states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
Mfconw•ay/14/9/97
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20. SUBLETTING MOBILEIIOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. LESSEE will be
granted permission Daly as allowed by Municipal Ordinance No. 3277, effective May 18, 1995,
allowing mobilehome owners to sublet for no more than twelve months during a two year period
for the follo%%ing reasons: illness, death, or other personal hardship.
21. WRITTEN APPROVAL: References to approval, permission, or
authorization of LESSOR shall require LESSOR to be reasonable in exercising its action and
shall be construed as reasonable written approval prior to taking action.
22. COMPLAINTS: All LESSEE complaints, except emergencies, must be
presented to LESSOR's Park manager in writing during office hours.
23. WAIVER OF LIABILITY: LESSEE, as a material part of the
consideration under the Rental Agreement, hereby waives all claims against LESSOR for
damages to furniture, equipment, records, goods, wares or merchandise in, upon or about the
LESSEE's mobilehome, from any cause arising at any time, other than the negligence of
LESSOR's employees. LESSEE does hereby agree to indemnify and hold LESSOR harmless
from and on account of any damage of injury to any person, or to the furniture, equipment,
records, goods, wares or merchandise of any person, arising from the use of the Park by
LESSEE, or arising from the failure of LESSEE to keep the mobilehome and the Lot in good
condition, as herein provided, or arising from the negligence of LESSEE, his family or guests.
LESSOR shall not be liable to LESSEE for any damage by or from any act or negligence or any
co -tenants or their guests, or by any owner or occupant of adjoining or contiguous mobilehomes.
LESSEE agrees to pay for all damage to the Park and Lot, as weIl as all damages to other
LESSEE, their guests and families thereof caused by the LESSEE's or his guest's negligence or
misuse of the Park.
24. WAIVER OF DEFAULT: No waiver by LESSOR of its right to enforce any
provision hereof after any default on the part of LESSEE, shall be deemed a waiver of
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LESSOR's right to enforce each and all of the provisions hereof upon any further or other default
on the part of the LESSEE. The acceptance of rent hereunder shall not be, or become construed
to be, a waiver of any breach of any term, covenant or condition of the party's Rental Agreement
or the Park's Rules and Regulations, nor shall it reinstate, continue or extend the term of the
party's Rental Agreement or affect any notice, demand or suit thereunder.
25. CALIFORNIA CI171L CODE REQUIREMENTS: California Civil Code
Chapter 2.5 entitled Afobile Nome Residency Law is attached hereto as Exhibit "B" pursuant to
California Civil Code Section 798.15.
26. UTILITIES AND OTHER CHARGES: LESSOR does not provide any utility
service. LESSEE shall pay for gas, electricity, water and such other utilities as may be provided.
LESSEE shall secure and pay a fee for a storage permit from LESSOR for any recreational
vehicles, e.g., boats, trailers, motorhomes, etc.
27. POSSESSORY TAXES: Possessory Taxes are not included as part of this
rental agreement and LESSEE shall pay such tax directly to the County of Orange, as assessed.
28. TERMINATION BY LESSEE: LESSEE may terminate this tenancy by
giving the other party sixty (60) days written notice thereof and rental shall be paid through that
date, or if there be previously paid but unused rent, the same shall be refunded when the premises
are vacated. It is understood by the parties that the LESSOR can only terminate this Rental
Agreement pursuant to the rights granted it by law, the provisions of paragraph 4, and the
Driftwood Acquisition and Relocation Agreement.
29. GROUNDS FOR TERMINATION BY MANAGEMENT: LESSEE's
tenancy in the Park may be terminated by Management for any of the following reasons:
A. Failure of LESSEE or other resident of LESSEE's mobilehome to comply
with a local ordinance or a state law or regulation relating to mobilehomes within a reasonable
7rk/cwnwayn arom7
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time after LESSEE's receipt of notice of noncompliance from the appropriate governmental
agency.
B. Conduct of LESSEE or other resident of LESSEE"s mobilehome that
constitutes a substantial annoyance to other homeowners or residents.
C. Conviction of LESSEE's or other resident of LESSEE's mobilehome for
prostitution or a felony controlled substance offense if the act resulting in the conviction was
committed within LESSEE's mobilehome or anywhere else on the premises of the Park;
provided, however, that LESSEE's tenancy will not be terminated if the person convicted of the
offense was a resident (other than LESSEE) of LESSEE's mobilehome, and permanently vacates
and does not subsequently reoccupy LESSEE's mobilehome.
D. Failure of LESSEE to comply with the Park rules and regulations, as they
may be amended from time to time. Any act or omission of LESSEE or resident of LESSEE's
mobilehome shall not constitute a failure to comply with Park rules and regulations until
Management has first given LESSEE written notice of the alleged rule or regulation violation
and LESSEE or resident has failed to adhere to the rule or regulation within seven days.
Notwithstanding the above, if LESSEE has been given written notice of an alleged violation of
the same rule or regulation on three or more occasions within a 12-month period after the first
alleged violation, Management need not give a written notice for a subsequent violation of the
same rule or regulation.
E. Nonpayment of rent, utility charges, or reasonable incidental service
charges, if (i) the amount due has been unpaid for a period of at least five days from its due date
(excluding the date the payment is due), and (ii) the amount remains unpaid for an additional
period of three days, beginning on the date Management gives LESSEE a written three-day
notice to pay the amount due or to vacate the tenancy. in the event LESSEE does not pay the
amount due prior to the expiration of the foregoing three-day notice period, LESSEE shall be
liable for all payments due up until the time the tenancy is vacated. The legal owner, registered
owner (if different than LESSEE), or any junior lienholder of LESSEE's mobilehome shall have
any right granted by then prevailing law to cure a monetary default by LESSEE under this lease.
If a LESSEE has been given a three-day notice to pay or vacate on three or more occasions
within the preceding 12-month period, Management shall not be required to give LESSEE a
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three-day notice for any subsequent nonpayment of rent, utility charges, or reasonable incidental
service charges.
30. NOTICE OF TERMINATION: Management may terminate LESSEE's
tenancy in the Park only by giving LESSEE written notice of the termination at least sixty (60)
days (or any other period required under then applicable law) prior to the date LESSEE is
required to vacate the Park. Any notice of termination shall state the specific facts and reasons or
reasons for termination, and shall be served on LESSEE as required by the law then in effect.
31. SURRENDER AND REMOVAL OF MOBILEHOINIE: On the
expiration or sooner termination of this Lease, LESSEE shall, at LESSEE"s sole expense,
surrender the lot and cause LESSEE's mobilehome to be moved form the lot and the Park, unless
LESSEE has validly assigned this Lease to a purchasing third party as provided in Paragraph 39
of this Lease. All personal property or appurtenances owned by LESSEE and located on the
homesite shall also be promptly removed. The homesite shall be cleared of all debris and left in
a clean condition.
32. INDEMNIFICATION: LESSEE covenants to indemnify and hold and save
LESSOR harmless, its officers, agents and employees from and against any and all liability,
damages, costs, losses, claims and expenses caused by or arising out of any injury or death of
persons or damage to property, income upon or about the leased premises or caused by or arising
out of any activities or omission of LESSEE, his agents, employees, licensees and/or invitees,
including without limitation, injury or death of LESSEE, his agents, employees, licensees and
invitees and damage to their property or LESSEE'S property; any concurrent negligence or
willful misconduct of LESSOR shall in no way diminish LESSEE'S obligations hereunder.
33. MANAGEMENT'S RIGHT OF ENTRY: Management shall not enter
LESSEE's mobilehome without LESSEE's prior written consent, except in the case of an
emergency or if LESSEE has abandoned LESSEE's mobilehome. Management may enter on the
homesite for any of the following purposes: to perform any act necessary to protect the Park; to
Mfeonwayfl M/97
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maintain any utilities located on the homesite; or to perform any maintenance LESSEE is
required under this Lease or the Park rules and regulations to perform but has failed to perform.
Except in the case of an emergency, Management's entry on the homesite shall be conducted in a
manner and at a time that do not substantially interfere with LESSEE's quiet enjoyment of the
homesite.
34. LESSOR'S RIGIiT UPON LESSEE'S BREACH: LESSOR may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should LESSOR elect to terminate it may recover from LESSEE all damages
incurred by LESSOR by reason of such breach, including without limitation, the cost of
recovering the premises, and the worth at the time of such termination of the excess, if any, of
the amount of unpaid rent and unpaid charges reserved under this Rental Agreement over the
amount of the rental loss which LESSEE proves could be reasonably avoided, for the remainder
of the term of this Rental Agreement. The remedies of LESSOR specified herein are in addition
to and cumulative of any remedies provided LESSOR by statute, including the remedies
provided in the California Civil Code.
35. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE
LAW: LESSEE hereby acknowledges receipt of the Mobilehome Park Rules and
Regulations, attached hereto as Exhibit "A:' adopted for the benefit and protection of all tenants,
guests and visitors, California Civil Code provisions and LESSEE hereby agrees to abide by and
conform with all laws of the State of California and each and all of the present rules and
regulations, and all future rules and regulations hereafter adopted by LESSOR and implemented
in compliance with State law. LESSEE also agrees that any breach by himself/herself, family,
guests or visitors of the rules and regulations, or State law, shall be deemed a failure to perform
an express term of this Rental Agreement for said breach as a default pursuant to the laws of the
State of California then in effect.
36. LESSEE'S SALE OF MOBILEIIO'IE DURING TERM OF LEASE: If
LESSEE intends to sell his/her mobilehome, LESSEE shall notify Management in writing of the
7/klconway/10I9I97
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proposed sale as soon as possible, but in no event later than the close of escrow for the sale. The
notice shall contain the name and address of the proposed purchaser, the name of the escrow
company handling the sale, and the date escrow is scheduled to close. If the proposed purchaser
intends to keep LESSEE's mobilehome in the Park after purchasing it, Management shall have
the right to approve the prospective purchaser. On request of the prospective purchaser,
Management shall inform the purchaser of all information that must be submitted to
Management to enable it to approve or disapprove the purchaser. Management may require the
prospective purchaser to pay a fee for the procurement of financial report or credit rating and to
submit to a personal interview with Management. Within IS business days of receiving all
required information from the prospective purchaser, Management shall notify LESSEE and the
prospective purchaser in writing of Management's acceptance or rejection of the proposed
purchaser. If the proposed purchaser is rejected, Management shall set forth in writing the reason
or reasons for rejection.
If LESSEE sells his/her mobilehome to a third party during the term of this Lease,
Management may, under circumstances permitted by law, be able to require that LESSEE's
mobilehome be removed from the Park in order to upgrade the quality of the Park.
37. LESSEE'S NOTICE OF INTENT TO VACATE: LESSEE shall give
the Park at least sixty (60) days advance written notice of his/her intent to vacate the Park and to
terminate his/her tenancy under this Lease. If flomeowmer vacates the Park for any reason (other
than following the sale of LESSEE's mobilehome to a third party who is approved by
Management for tenancy in the Park pursuant to this Lease), LESSEE shall cause LESSEE's
mobilehome to be removed form the Park on or before the date LESSEE vacates the Park in
compliance with this Lease.
38. ASSIGNABILITY: All rights and obligations contained in this agreement may
be assigned to a third party purchaser of LESSEE's mobilehome who has been previously
approved by Management for tenancy in the Park pursuant to California Civil Code Section
798.74. provided that such assignment of this agreement has been agreed to in writing by the
711:1conway/1019/97
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Management. In the event of a valid assignment, assignee shall have the same rights and duties
as LESSEE.
39. GOVERNING LAW: This Rental Agreement shall be governed by and
construed pursuant to the laws of the State of California.
40. CAPTIONS: The titles of paragraphs herein are for identification only
and are not to be considered to be a part of this Rental Agreement, nor to be restrictive in any
manner of the provisions of any of the paragraphs of this Rental Agreement.
41. EXECUTION AND ACKNOWLEDGMENT: LESSEE acknowledges
having read the Rental Agreement and agrees to be bound by all of the terms and conditions
herein contained.
42. INSURANCE HAZARDS. LESSEE shall not commit or permit the
commission of any acts on said Premises nor use or permit the use of said Premises in any
manner that will increase the existing rates for or cause the cancellation of any fire, liability, or
other insurance policy insuring said Premises or the improvements on said Premises. LESSEE
shall, at his/her ox-.m cost and expense, comply with any and all requirements of LESSOR's
insurance carriers necessary for the continued maintenance at reasonable rates of fire and liability
insurance policies on said Premises and the improvements on said Premises.
43. WASTE OR NUISANCE. LESSEE shall not commit or permit the
commission by others of any waste on said Premises; LESSEE shall not maintain, commit, or
permit the maintenance or commission of any nuisance as defined in Section 3479 of the
California Civil Code on said Premises; and LESSEE shall not use or permit the use of said
Premises for any unlawful purpose.
44. COMPLIANCE WITH LAW. LESSEE shall at LESSEE'S own cost and
expense comply with all statutes, ordinances, regulations, and requirements of all governmental
7/k/conwayr1OP9N7
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entities, both federal and state and county or municipal, relating to LESSEE'S use and occupancy
of said Premises whether such statutes, ordinances, regulations, and requirements be now in force
or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by
LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as between.
LESSOR and LESSEE and shall be ground for termination of this lease by LESSOR.
45. BINDING ON IiEIRS AND SUCCESSORS. This lease shall be binding on
and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
46. PARTIAL INVALIDITY. Should any provision of this lease be held by
a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this lease shall remain in full force and effect unimpaired by the holding, so long as
the reasonable expectations of the parties hereto are not materially impaired.
47. ATTORNEY FEES: In the event suit is brought by either party to
enforce the terms and provisions of this Lease, each party shall bear its o%Nm attorneys' fees and
costs.
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48. ENTIRETY: This Rental Agreement and the documents incorporated
herein contain the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
LESSEE:
illiam Conway
REVIEWED AND APPROVED:
-24.
City Administrator
7Wwnway/10/9/97
15
LESSOR:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
A474('4��
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
IV",AQity Attorney 1c!t
INI��'EII�AND-,a,I'PROVED:
Administrative
stratorlDireack of
CALIFORNIA ALL-PURP03E ACKNOWLEDGMENT
State of
County of A—", ca
On before me,�.'.c•�+�.
Date hams artd TtUe d"cer (e-p-. -Jeri% Dos. Notary Pubttcj
personally appeared V- yi •r
Nor*(!) of stp" l '
Wersonally known to me — OR " to be the person[sj
whose name(, Ware subscribed to the within instrument
and acknowledged to me that iaelehehhey executed the
same in h494�erltheir authorized capacity iP ), and that by
M,BRItE L Y WkjAerltheir signatures) on the instrument the person),
ComtnWM # 1157414 or the entity upon behalf of which the person acted,
Naeary PuDrc-CafirxNe executed the instrument.
WITNESS my hand and official seal.
• Sguture of Amry Pubbc
OPTIONAL
Though the information below is not required by law. It may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Ycn.a 5rr7�,C4 �� o�%
Document Date: u4r9 7 Number of Pages: I,S
Signers) Other Than Named Above: Fa".K.r,_
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
L�'Othe r ` Top of thumb here
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
02'Other. P ea la- Top or thumb here
Signer Is Representing:
01994 NalaW Notary Association • 92M Reffmir et Ave.. P-0. Box 7154 6 Cutoga Park. CA 91309-7104 Prod. No. 5907 Reorder: Call Tdh-Free 1 4po-87&W7
MOBILEHOME, PARK RLZES AND REGULATIONS
CITY OF HLNTLtiGTO\ BEACH
iOZI Ellis Avenue, Runtington Beach, California 92648
1. Residents shall maintain their lots in a neat and orderly fashion and care for
the )andsccrirg. If the lot is not properly cared for, the park may hzN?e work
performed and make appropriate charges.
2. No loud ta?k:ne, radio, te)e,.-ision, or other noises between 10:00 p.m. and 9:00
a.m. or C. uroine noises at any time or an,,, place.
3. Automobiles shall be parked in designated places and parking of more than two
-ve'r Des, (cars, travel trailers, czrnpers, etc.) requires special arrangements with
the management. Streets must be kept clear.
4. Children are not pe; mired in the roerrs or recreation area unless
accompared by an adult.
t. Manacer:e nt is not responsible for any loss due to fire, accident or theft.
6. Speed lir::t is 10 ?NfPH on the premises.
i. :'o tou'e)s, bathing suits, rags, wearing apparel or laundry of any description
may be hung outside except in designated areas pro%ided for this purpose.
The rental of a mobilehome lot does :tot include the privilege of using the
space for commercial purposes or for negotiation or sale of automobiles or
other me; chardise.:�o "FOR SALE" signs shall be posted.
9. Use of any spray paint guns or equipment within the park must first be approved
in writing by the manaszemert.
10. Pets are not allowed within the park unless permission in writing is given by
management.
11. No furniture permitted on the patio or porch or in the yard except outdoor patio
furniture. No overstufi'ed furniture, ironing boards, brooms, mops, major
appliances, etc., allowed outside mobi)ehome unless in an approved storage
cabinet.
1
EXHIBIT A
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12. AD mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets,
fences, Aindbreak-s, or other structures must be approved by the management
before construction or installation.
-13. All public laws or ordinances shall be obeyed and no acts sha?1 be committed
which would constitute a-7olation or place the management in violation of any
of these laws or ordinances.
14. 1f at any time it is necessary. to call the Police or any other enforcement agency,
• notify margernent of such action as soon as possible.
} 5. Management reserves the right to restrict the use of common areas or any park
facility as to hours, purposes and conduct. Scheduling of events ofi'ered for pars:
residents, of any group thereof, gnus: be first approved by miznagemert.
lb. Mobilehomes nust be equipped uitlh skining within 45 days aster installation, and
with at least one avrrt,rg %Niz}2,n 60 days thereof.
V
17. Mobilehomes and accessory structures must be well maintained, properly
painted, clean and waxed at all times.
18. Residents entenaining visitors or pests at the park shall be responsible for
their conduct %v-Me on park premises and shall be responsible fcr any
charges incurred by the visitors or guests.
19. All %ishors or guests who remain more than three days, or who use community
facilities zt any time, must be registered with the park management. No overnight
parking ofrecreation vehicles is allowed.
20. A vehicle w zs`hinQ and maintenance area is not proVided. These acti-6ties are to
be performed on the street or lot pzrkine area.
21. No major appliznce such as clothes dryers, air conditioning units, space heaters,
etc. may be installed in any mobilehome or upon any mobilehome lot without
prior wrirte:t approval of management.
22. Residents shall deposit all garbage and trash in receptacles proxided by
management.
23. Mobilehomes within the park may not be transferred or sublet.
2
24. Management may require the remowl of any mobilehome that is unoccupied for
more thpun 120 consecutive days uithout good reason and urinen approval of the
management.
�3
OCEAN VIEW ESTATES
RULES AN. -D REGULATIONS FOR USE OF CLUBHOUSE
SCHEDULING
1. A calendar %AU be posted in the Club House. To avoid Conflict, all
events must be written in on the calendar.
2. The Club House has been primarily pro«ded for use of the residents.
Because of p2rl:,ing and liability factors, anyone wishing to reserve it
for their own special occasions must go through the City and be
prepared to pay for insurance coverage (S43- non-refundable), and a
clean-upldam2ge deposit of S60 (refundable after inspection). Bear in
mind that occupancy limit is 64.
Contact person is Robbie Fitzgerald (536-5273).
Remember to first check our calendar before contacting her.
In -Park ILuxtions will not be subject to the City Permit process.
OTHER
1, No one under 18, or non-resident, will be allowed in the Club House
unless accompanied by an adult resident of the park.
2. It's extremely important that the pool table not be moved, even a little
bit, there is a S100 charge for balancing it.
3. The following people currently have keys to the Club House;
' Mazie Kroesch-'(Sp. 41)
4
CALIFORNIA CIVIL CODE
DIVISION 2, PART 2
CHAPTER 2.5
MOBILEHOME RESIDENCY LAW
AND
ir CHAPTER 2.6
RECREATIONAL VEHICLE PARK
OCCUPANCY LAW
THE DEPARTMENT HAS NEITHER THE AUTHORITY OR
RESPONSIBILITY FOR ENFORCEMENT OF
THESE CIVIL CODE PROVISIONS.
U
DIVISION 2, PART 2
MO$ILEHOIIE RESIDENCY LANV
INDEX
CHAPTER 2.5
-' ` ARTICLE 1. GENERAL
798.
Citation and application of chapter.
798.1.
Application of definitions.
798.2.
Management.
798.3.
IVMobilehome.
798.4.
Mobilehome park.
798.6.
Park.
798.7.
New construction.
798.8.
Rental agreement.
798.9.
Homeowner.
798.10.
Change of use.
798.11.
Resident.
798.12.
Tenancy.
798.14.
Notices to homeowner, delivery.
ARTICLE 2. RENTAL AGREEMENT
798.15. Required contents; writing.
798.16. Inclusion of other provisions.
798.17. Long term agreements, exemption from rent regulation.
798.18. Period of written agreement, comparable monthly charges for one year as for
month -to -month tenancy.
798.19. Waiver of rights; public policy.
798.20. Discrimination.
798.22. Recreational vehicles; designated areas.
798.21. Rent Control.
ARTICLE 3. RULES AND REGULATIONS
798.23.
Park rules and regulations; park owners and employees.
798.24.
Common area facilities; hours of operation.
798.25.
Amendments; notification to homeowners.
798.25.
Rules and regulations unilaterally adopted by park management.
798.26.
Right to entry by management.
798.27.
Zoning or use permits, leases, notification to homeowners.
798.28.
Name of mobilehome park owner; disclosure.
798.29.
Ombudsman signs, required posting.
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798.29.5. Notice requirements for utility service interruption.
ARTICLE 4. FEE AND CHARGES
798.30.
Notice of rent increase.
798.31., -
Authorized fees.
798.32.
Written notice for unauthorized fees.
798.33.
Pets.
798.34.
Guests.
798.35.
Immediate family.
798.36.
Rule enforcement, maintenance of premises.
798.37.
Entry, installation or hookup fees; landscaping and maintenance charges.
798.38.
Utility meter service; billing; rate schedule.
798.39.
Security deposit; refund; refund of noninitial occupancy security deposit.
798.40.
Security liens; mutual agreement; separate statements.
798.41.
Separate utility service fees.
798.42.
Costs incurred for violation of Mobilehome Residency Law.
798.43
Disclosure of homeowner utility services used by park management.
ARTICLE 4.5 RENT CON- 7ROL
798.45. New construction exemption.
798.49. Fees management may separately charge to homeowners.
f
ARTICLE 5. HO,NiEOWNTER COMINfL NICATIONS AND AiEETINGS
798.50. Legislative intent.
798.51. Management cannot deny or prohibit; peaceful assembly; public officials or
candidates; canvassing and petitions.
798.52. Court action to enjoin enforcement.
ARTICLE 5.5 HO.ME0WHERS AIEETIINGS WITH NIANAGENIENT
798.53. Management/homeowners meetings.
ARTICLE 6. TERMINATION OF TENANCY
799.55. Protection from actual or construction eviction; termination.
798.56. Authorized reasons for termination.
[ 798.56a. Action required for legal owner, etc., of mobilehome once notice of termination
of tenancy is given.
798.57. Statement of reasons in notice.
798.58. Termination to make space for buyer of mobilehome from park owner prohibited.
798.59. Notice by homeowner, time.
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798.60. Application of other laws.
798.61. Abandoned mobilehomes; disposition.
ARTICLE 7. TRANSFER OF MOBILEHOME OR MOBILEHOME PARK
798.70., _ Advertising.
798.71. Listing or showing mobilehome by park owner or manager; written authorization.
798.72. Transfer or selling fee; request for service.
798.73. Removal upon sale to third party; conditions.
798.74. Prior approval of purchaser; grounds for withholding; informing homeowner,
financial report/refund.
798.75. Sale or transfer of mobilehome to remain in park, required document; purchaser.
798.76. Compliance with adults only rule.
798.77. Waiver of rights; public policy.
798.78. Rights/responsibilities of heir or joint tenant of owner.
798.79. Foreclosure of mobilehome; sale to third party.
798.80. Sate of park; listing; notice to residents.
798.81. Management cannot prohibit listing; cannot require management to act as agent as
condition of buyer approval.
798.82. Disclosure by management of school facilities fee.
ARTICLE 8. ACTIONS, PROCEEDINGS AND PENALTIES
798.84. Action against management; written notice; service; delivery; limitations.
798.85. Attorney's fees and costs.
798.86. Willful violation by park owner; additional penalty.
798.87. Public nuisance.
798.88. Violation of a reasonable rule or regulation.
798.295. Removal of vehicles.
ARTICLE 9. SUBDIVISION'S, COOPERATIVES, AND CONDON11NILTAIS
799. Definitions.
799.1. Application and Scope.
799.1.5. Advertising.
799.2. Listing or showing mobilehome by ownership or management; written
authorization.
799.3.
Sale to third party; prohibition against required removal.
799.4.
Prior approval of purchaser; grounds for withholding.
799.5.
Purchaser, compliance with adults only rule.
799.6.
Waiver of rights; public policy.
799.7.
Notice requirements for utility service interruption.
799.8
Disclosure by management of school facilities fee
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CHAPTER 2.6 RECREATIONAL VEHICLE PARK
OCCUPATIONAL LAR'
ARTICLE 1. DEFINITIONS
799.20: , ..
- Citation of chapter.
799.21.
Application of definitions.
799.22.
Defaulting occupant.
799.23.
Defaulting resident.
799.24.
Defaulting tenant.
799.25.
Guest.
799.26.
Management.
799.27.
Occupancy.
799.28.
Occupant.
799.29.
Recreational vehicle.
799.30.
Recreational vehicle park.
799.31.
Resident.
799.32.
Tenant.
ARTICLE 2. GENERAL PROVISIONS
799.40.
Rights of management, occupant, tenant or resident.
799.41.
Restrictions.
799.42.
Rights protected.
799.43.
Registration agreement.
799.44.
Copy of park rules and regulations.
799.45.
Rental agreement.
799.46.
Sign requirement for recreational vehicle removal.
ARTICLE 3. DEFAULTING OCCUPANTS
799.55. Removal of recreational vehicle due to default; 72-hour written notice; cure for
default.
799.56. Service of 72-hour written notice; requirements.
799.57. Park management; authority to remove recreational vehicle.
799.58. Removal of defaulting occupant and vehicle by police or sheriff.
799.59. Care in removing recreational vehicle.
ARTICLE 4. DEFAULTWG TENANTS
799.65. Termination of tenancy for nonpayment.
799.66. Termination of tenancy for reasons other than nonpayment.
799.67. Eviction requirements.
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ARTICLE 5. DEFAULTING RESIDENTS
SectiO13
799.70. Reasons for termination or refusal of tenancy requiring written notice.
799.71. Eviction subject to Code of Civil Procedure.
ARTICLE 6. LIENS FOR RECREATIONAL VEHICLES AND ABANDONED
POSSESSIOtiS
799.75. Lien due to default.
ARTICLE 7. ACTIONS AND PROCEEDINGS
799.78. Attorney's fees and costs.
799,79. Civil action award.
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CHAPTER 2.5 ASOBILEHOME RESIDENCY LAIN'
(Added by Ch. 1031, Stats. of 1978, Eff. 1/1/79)
ARTICLE 1. GENERAL
798. Citation and application of chapter
This chapter shall be known and may be cited as the "Mobilehome Residency Law."
(Added by Ch. 1035, Stats. of 1978, eff. 111179)
(Amended by Ch. 958, Stats. 1992, eff. 9/28/92)
798.1. Application of definitions
Unless the provisions or context otherwise requires, the following definitions shall govern the
construction of this chapter.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
798.2. 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 Ch. 1031, Stats. of 1978, eff. 1/1/79)
798.3. 1%fobilehome
(a) "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, except as provided in subdivision (b),
does not include a recreational vehicle, as defined in Section 799.29 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.
(b) "Mobilehome," for purposes of this chapter, other than Section 798.73, also includes
trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety
Code, other than motor homes, truck campers, and camping trailers, which are used for human
habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:
(1) The trailer. or other recreational vehicle occupies a mobilehome site in the park, on
November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or
other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.
(2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine
or more continuous months commencing on or after November 15, 1992.
"Mobilehome" does not include a trailer or other recreational vehicle located in a recreational
vehicle park subject to Chapter 2.6 (commencing with Section 799.20), except as otherwise provided
in subdivision (b) of Section 799.45.
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(Added by Ch. 1033, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 502, Stats. of 1980, eff. 1/l/81)
(Amended by Ch. 419, Stats. of 1982, eff, 111183)
(Amended by Ch. 1124, Stats, of 1983, eff. 7/1/84)
(Amended by Ch. 958, Stats. of 1992, eff. 9/28/92)
(Amended by Ch. 666, Stats. of 1993, eff. 111i94)
798.4. 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 Ch. 1031, Stats. of 1978, eff. 1/1/79)
798.5. (Renumbered Section 798.6 and amended by Ch. 502, Stats. 1980, eff. 1/l /81)
798.6. Part:
"Park" is a manufactured housing community as defined in Section 18801 of the Health and
Safety Code, or a mobilehome park.
(Formerly Section 798.5, added by Ch. 1031, Stats. of 1978, eff. I/1/79)
(Renumbered Section 798.6, and amended by Ch. 502, Stats. of 1980, eff. 111/81)
(Amended by Ch. 858, Stats. of 1993, eff. 111/94)
798.7. New construction
"New Consrruction" means any newly constructed spaces initially held out for rent after
January 1, 1990.
(Added by Ch. 412, Stats. of 1989, eff. 1/l/90)
798.8. 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.
(Formerly Section 798.6, added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Renumbered Section 798.8 and amended by Ch. 502, Stats. of 1980, eff. 1/l/81)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
798.9. Homeowmer
"Homeowner" is a person who has a tenancy in a mobilehome park under a rental agreement.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397. Stats. of I982, eff. III /83)
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798.10. 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, of 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" includes, 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.
(Added by Ch. 945, Stats. of I979, eff. 111/80)
(Amended by Ch. 137, Stats. of 1980, eff. 1/1/81)
798.11. Resident
"Resident" is a homeowner or other person who lawfully occupies a mobilehome.
(Formerly Section 798.7, added by Ch. 1031, Stats. of 1978, eff. 111/79)
(Renumbered Section 748.10 and amended by Ch. 502, Stats. of 1980, eff. 1/1/81)
(Renumbered Section 798.11 and amended by Ch. 714, Stats. of 1981, eff. 111182)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
798.12. 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 improvements, and accessory structures for human
habitation, including the use of the services and facilities of the park.
(Formerly Section 798.8, added by Ch. 1031, Stats. of 1978, eff. 111/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1179)
(Renumbered Section 798.12 and amended by Ch. 502, Stats. of 1980, eff. 1/1/81)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
798.14. Notices to homeo-Amer; delivery
Unless otherwise provided, all notices required by this chapter shall be either delivered
personally to the homeowner or deposited in the United States mail, postage prepaid, addressed to the
homeowner at his or her site within the mobilehome park.
(Added by Ch. 301, Stats. of 1988, eff. 1/1/89)
ARTICLE 2. RENTAL AGREEMENT
798.15. Required contents; witing
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:
(a) The term of the tenancy and the rent therefor.
(b) The rules and regulations of the park.
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(c) A copy of the text of this chapter shall be attached as an exhibit and shall be incorporated
into the rental agreement by reference. Management shall provide all homeowners with a copy of this
chapter prior to February 1 of each year, if a significant change was made in the chapter by legislation
enacted in the prior year.
(d) A provision specifying that (1) it is the responsibility of the management to provide and
maintain physical improvements in the common facilities in good working order and condition and
(2) with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, the
management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown
or deterioration and bring the improvements into good working order and condition after management
knows or should have known of the breakdown or deterioration. For purposes of this subdivision,
a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be
as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days
in any other case except where exigent circumstances justify a delay.
(e) A description of the physical improvements to be provided the homeowner during his or
her tenancy.
(f) 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 tenancy and the fees, if any, to be charged
for those services.
(g) 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 the 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.
(h) All other provisions governing the tenancy.
(Added by Ith. 1031, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 137, Stats. of 1980, eff. 1 /1/81)
(Amended by Ch. 667, Stats. of 1981, eff. 1/I/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 519, Stats. of 1983, eff. 111/84)
(Amended by Ch. 126, Stats. of 1987, eff. 1/I/88)
(Amended by Ch. 666, Stats. of 1993, eff. 1/1/94)
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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 1033, Stats. of 1978, eff. 111/79)
(Amended by Ch. 667, Stats. of 1981, eff. 1/l/82)
4 1 /97
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798.17. Long term agreements, exemption from rent regulation
(a)(1) Rental agreements meeting the criteria of subdivision (b) shall be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which
establishes a maximum amount that a landlord may charge a tenant for rent. The terms
of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions
of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome
:parks, only during the term of the rental agreement or one or more uninterrupted, continuous
extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of
12 months' duration is entered into, then the last rental rate charged for the space under the previous
rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent
regulation, if any.
(2) In the first sentence of the first paragraph of a rental agreement entered into on or after
January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point
boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed,
giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule,
regulation, or initiative measure adopted by any local governmental entity which establishes a
maximum amount that a landlord may charge a tenant for rent.
(b) Rental agreements subject to this section shall meet all of the following criteria:
(1) The rental agreement shall be in excess of 12 months' duration.
(2) The rental agreement shall be entered into between the management and a homeowner for
the personal and actual residence of the homeowner.
(3) The homeowner shall have at least 30 days from the date the rental agreement is first
offered to the homeowner to accept or reject the rental agreement.
(4) The homeowner who executes a rental agreement offered pursuant to this section may void
the rental agreement by notifying management in writing within 72 hours of the homeowner's
execution of the rental agreement.
(c) If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered
rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead
accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date
the offered rental agreement was to have begun. In the event the homeowner elects to have a rental
agreement for a term of 12 months or less; including a month -to -month rental agreement, the rental
agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the
offered rental agreement to extend or renew the rental agreement.
(d) Nothing in subdivision (c) shall be construed to prohibit the management from offering
gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement
pursuant to this section.
(e) With respect to any space in a mobilehome park that is exempt under subdivision (a) from
any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding
any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any
fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any
ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of
5 1197
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administration thereof.
(f) At the time the rental agreement is first offered to the homeowner, the management shall
provide written notice to the homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing
within 72 hours of the acceptance of a rental agreement. The failure of the management to provide
the written notice shall make the rental agreement voidable at the homeowner's option upon the
homeowner's discovery of the failure. The receipt of any written notice provided pursuant to this
subdivision shall be acknowledged in writing by the homeowner.
(g) No rental agreement subject to subdivision (a) that is first entered into on or after
January 1, 1993. shall have a provision which authorizes automatic extension or renewal of, or
automatically extends or renews, the rental agreement for a period beyond the initial stated term at
the sole option of either the management or the homeowner.
law.
(h) This section does not apply to or supersede other provisions of this part or other state
(Added by Ch. 879, Stats. of 1980, eff. It1181)
(Repealed by Ch. 667, Stats. of 1981, eff. 1/1/82)
(Added by Ch. 1084. Stats. of 1985, W. 1/1186)
(Amended by Ch. 1416, Stats. of 1986, eff. 1/l/87)
(Amended by Ch. 170, Stats. of 1991, eff. 111/92)
(Amended by Ch. 289, Stats. of 1992. eff. 1/1/93)
(Amended by Ch. 9, Stats. of 1993, eff. 4/29193)
798.18. Period of written agreement, comparable monthly charges for one year as for
month -to -month tenancy
(a) 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.
(b) No rental 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 rental agreement from the corresponding terms or conditions that would be offered to the
homeowners on a month -to -month basis.
(e) No rental agreement for a term of 12 months or less shall include any provision which
authorizes automatic extension or renewal of, or automatically extends or renews, the rental
agreement beyond the initial term for a term longer than 12 months at the sole option of either the
management or the homeowner.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1032, Stats. of 1978, eff. illl79)
(Amended by Ch. 1033, Stats. of 1978, eff. 111179)
(Amended by Ch. 206, Stats. of 1980, eff. I/l/81)
(Amended by Ch. 667, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 111183)
(Amended by Ch. 289, Stats. of 1992, eff. 1/1/93)
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798.19. Wainer of rights; public policy
No rental agreement for a mobilehome shall contain a provision by which the homeowner
waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter. Any such
waiver shall be deemed contrary to public policy and void.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
798.20. 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.
(Added by Ch. 1031, Stan. of 1978, eff. 111179)
798.21. Rent Control
(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not
the principal residence of the homeowner and the homeowner has not rented the mobilehome to
another parry, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted
by any city, county, or city and county, which establishes a maximum amount that the landlord may
charge a tenant for rent.
(b) Nothing in this section is intended to require any homeowner to disclose information
concerning his or her personal finances. Nothing in this section shall be construed to authorize
management to gain access to any records which would otherwise be confidential or privileged.
- - . (c) For purposes of this section, a mobilehome shall be deemed to be the principal residence
of the homeowner, unless a review of state or county records demonstrates that the homeowner is
receiving a homeowner's exemption for another property or mobilehome in this state.
(d) Before modifying the rent or other terms of tenancy as a result of a review of state or
county records, as described in subdivision (c), the management shall notify the homeowner, in
writing, of the proposed changes and provide the homeowner with a copy of the documents upon
which management relied.
(e) The homeowner shall have 90 days from the date the notice described in subdivision (d)
is mailed to review and respond to the notice. Management shall not modify the rent or other terms
of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to
information provided by the homeowner. Management shall not modify the rent or other terms of
tenancy if the homeowner provides documentation reasonably establishing that the information
provided by management is incorrect or that the homeowner is not the same person identified in the
documents. However, nothing in this subdivision shall be construed to authorize the homeowner to
change the homeowner's exemption status of the other property or mobilehome owned by the
homeowner.
(f) This section shall not apply under any of the following conditions:
(1) The homeowner is unable to rent or lease the mobilehome because the owner or
7 1/97
V
management of the mobilehome park in which the mobilehome is located does not permit, or the
rental agreement Iimits or prohibits, the assignment of the mobilehome or the subletting of the park
space.
(2) The mobilehome is being actively held available for sale by the homeowner, or pursuant
to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with
Section 10130) or Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer,
as defined in Section 18002.6 of the Health and Safety Code.
(3) The legal owner has taken possession or ownership, or both, of the mobilehome from a
registered owner through either a surrender of ownership interest by the registered owner or a
foreclosure proceeding.
(Added by Ch. 392, Stats. of 1996, eff. VIM)
798.22. Recreational vehicles; designated areas
(a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces
shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless
the mobilehome park has a specifically designated area within the park for recreational vehicles,
which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be
located only in the specifically designated area.
(b) Any new mobilehome park that is developed after January 1, 1992, is not subject to the
provisions of this section until 75 percent of the spaces have been rented for the first time.
(Added by Ch. 1146, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 666, Stats. of 1993, eff. I/l/94)
ARTICLE 3. RULES AND REGULATIONS
798.23. Park rules and .regulations; park owmers and employees
(a) The owner of the park, and any person employed by the park, shall be subject to, and
comply with, all park rules and regulations, to the same extent as residents and their guests.
(b) This section shall not apply to either of the following:
(1) Any rule or regulation that governs the age of any resident or guest.
(2) Acts of a park o%mer or park employee which are undertaken to fulfill a park owner's
maintenance, management, and business operation responsibilities.
(c) This section shall not affect in any way, either to validate or invalidate, nor does this
section express a legislative policy judgment in favor of or against, the enforcement of a part: rule or
regulation which prohibits or restricts the subletting of a mobilehome park space by a tenant.
(Added by Ch. 520, Stats. of 1993, eff. 1 /1194)
(Amended by Ch. 340, Stats. of 1994, eff. 1/1/95)
798.24. Common area facilities; hours of operation
Each common area facility shall be open or available to residents at all reasonable hours and
8 1/97
the hours of the common area facility shall be posted at the facility. No homeowner shall be required
to obtain liability insurance in order to use common area facilities for the purposes specified in
Section 798.51.
(Added by Ch. 503, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 380, Stats. of 1994, eff. 1/l/95)
798.25. Amendments; notification to homeowners
(a) When the management proposes an amendment to the park's rules and regulations, the
management shall meet and consult with the homeowners in the park, their representatives, or both,
after written notice has been given to all the homeowners in the park 10 days or more before the
meeting. The notice shall set forth the proposed amendment to the park rules and regulations and
shall state the date, time, and location of the meeting.
(b) Following the meeting and consultation with the homeowners, the noticed amendment
to the park rules and regulations may be implemented, as to any homeowner, with the consent of that
homeowner, or without the homeowner's consent upon written notice of not less than six months,
except for regulations applicable to recreational facilities, which may be amended without homeowner
consent upon written notice of not Iess than 60 days.
(c) Written notice to a homeowner whose tenancy commences within the required period
of notice of a proposed amendment to the park's rules and regulations under subdivision (b) shall
constitute compliance with this section where the written notice is given before the inception of the
tenancy.
(Added by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 519, Stats. of 1983, eff. I/l/84)
(Amended by Ch. 102, Stats. of 1993, eff. 1/l/94)
798.25.5. Rules and regulations unilaterally adopted by park management
Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the
management, (b) is implemented without the consent of the homeowners, and (c) by its terms purports
to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any
dispute between the management and homeowners shall be void and unenforceable.
(Added by Ch. 889, Stats. of 1993, eff. 1/1/94)
798.26. Right to entry by management
(a) 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
9 1197
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.
(b) 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.
(Formerly Section 798.16, added by Ch. 396, Stats. of 1978, eff. 1/1/79)
(Renumbered Section 798.26 and amended by Ch. 1033. Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 667, Stats. of 1981, eff. 1/l/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 111183)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1184)
798.27. Zoning or use permits, leases, notification to homeowners
(a) 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.
(b) If a change occurs concerning the zoning or use permit under which the park operates or
a lease in which the management is a lessee, all homeowners shall be given written notice within 30
days of that change. Notification regarding the change of use of the park, or any portion thereof,
shall be governed by subdivision (g) of Section 798.56. A prospective homeowner shall be notified
prior to the inception of the tenancy.
(Added by Ch. 864, Stats. of 1980, eff. 1/1/81)
(Amended by Ch. 667, Stats. of 1981, eff. 111182)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 190, Stats. of 1991, eff. i/l/92)
798.28. Name of mobilehome park owner; disclosure
The management of a mobilehome park shall disclose, in writing, the name, business address,
and business telephone number of the mobilehome park owner upon the request of a homeowner.
(Added by Ch. 505, Stats. of 1981, eff. 1/l/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 62, Stats. of 1991, eff. 1/1192)
798.29. Ombudsman sign, required posting
The management shall post a mobilehome ombudsman sign provided by the Department of
Housing and Community Development, as required by Section 18253.5 of the Health and Safety
Code.
(Added by Ch. 333, Stats. of 1988, eff. 111/89)
(Amended by Ch. 402, Stats. of 1996, eff. If1197)
10 1/97
798.29.5. Notice requirements for utility service interruption
The 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 park, provided that the interruption is not
due to an emergency. The management shall be liable only for actual damages sustained by a
homeowner or resident for violation of this section.
"Emergency," for 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.
(Added by Ch. 317, Stats. of 1992, eff. 1/1/93)
11 1 /97
ARTICLE 4. FEES AND CHARGES
798.30. Notice of rent Increase
The management shall give a homeowner written notice of any increase in his or her rent at
least 90 days before the date of the increase.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 448, Stats. of 1993, eff. 1/1/94)
798.31. Authorized fees
_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 Iot for (1) a term of 12 months, or (2) a Iesser 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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 624, Stats. of 1984, eff. 1/1185)
798.32. Written notice for unauthorized fees
(a) 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.
(b) Those fees and charges specified in subdivision (a) shall be separately stated on any
monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated on the initial notice and each
subsequent billing to the homeowner while the fee or charge is billed to the homeowner.
(Added by Ch. 1031, Stats. of 1978, eff. 111/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1183)
(Amended by Ch. 338, Stats. of 1992, eff. 1/1/93)
798.33. Pets
(a) 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.
(b) If the management of a mobilehome park implements a rule or regulation prohibiting
residents from keeping pets in the park, the new rule or regulation shall not apply to prohibit the
residents from continuing to keep the pets currently in the park if the pet otherwise conforms with the
previous park rules or regulations relating to pets. However, if the pet dies or no longer lives with
the resident, the resident does not have the right to replace the pet.
(c) Any rule or regulation prohibiting residents from keeping pets in the mobilehome park
12 1/97
shall not apply to guide dogs, signal dogs, or service dogs.
(Added by Ch. 1031, Stats. of 1978, eff. l/l/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 42, Stats. of 1989, eff. 1/1/90)
798.34. Guests
(a) 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. A person who
is a guest, as described in this subdivision, shall not be required to register with the management.
(b) 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 that person. The person
shall be considered a guest of the homeowner and any agreement between the homeowner and the
person shall not change the terms and conditions of the rental agreement between management and
the homeowner. The guest shall comply with the provisions of the rules and regulations of the
mobilehome park.
(c) A senior homeowner may share his or her mobilehome with any person over 18 years of
age if that person is providing live-in health care or live-in supportive care to the homeowner pursuant
to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by
management for that person. That person shall have no rights of tenancy in the park, and any
agreement between the homeowner and the person shall not change the terms and conditions of the
rental agreement between management and the homeowner. That person shall comply with the rules
and regulations of the mobilehome park. As used in this subdivision, "senior homeowner" means a
homeowner who is',55 years of age or older.
(d) A senior homeowner who resides in a mobilehome park that has implemented rules or
regulations limiting residency based on age requirements for housing for older persons, pursuant to
Section 798.76, may share his or her mobilehome with any person over 18 years of age 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 pursuant to a written treatment plan prepared by a physician
and surgeon. Management may not charge a fee for this person. Any agreement between the senior
homeowner and this person shall not change the terms and conditions of the rental agreement between
management and the senior homeowner. Unless otherwise agreed upon, park management shall not
be required to manage, supervise, or provide for this person's care during his or her stay in the
mobilehome park. This person shall have no rights of tenancy in the park, but shall comply with the
rules and regulations of the mobilehome park. A violation of the mobilehome park rules and
regulations by this person shall be deemed a violation of the rules and regulations by the homeowner
pursuant to subdivision (d) of Section 798.56. As used in this subdivision, "senior homeowner"
means a homeowner who is 55 years of age or older.
(Added by Ch. 1031, Stats. of 1978, eff. 1 / 1 /79)
(Amended by Ch. 240, Stats. of 1981, eff. 1 / 1 /82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 128, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 881, Stats. of 1990, eff. 1/1/91)
(Amended by Ch. 337, Stats. of 1992, eff. 1/1/93)
(Amended by Ch. 157, Stats. of 1996, eff. 1 / 1 /97)
13 1/97
798.35. Immediate family
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" shall be limited to the homeowner,
his or her spouse, their parents, their children, and their grandchildren under 18 years of age.
(Added by Ch. 1031, Stats. of 1978, eff. VIM)
(Amended by Ch. 845, Stats. of 1980, eff. 1/1181)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 24, Stats. of 1995, eff. 1/1/96)
798.36. Rule enforcement, maintenance of premises
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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 519, Stats. of 1983, eff. 11i184)
798.37. Entry, installation or hookup fees; 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 of 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 Iandscaping from any person, company, or corporation.
(Added by Ch. 1031, Stats. of 1978, eff. I/1179)
(Amended by Ch. 845, Stats. of 1980, eff. 1/1181)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1184)
798.38. Utility meter service; billing; rate schedule
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.
(Added by Ch. I031, Stats. of 1978, eff. 111/79)
(Amended by Ch. 714, Stats. of 1981, eff. 111/82)
(Amended by Ch. 1397, Stats. of 1992, eff. 111/83)
14 1 /97
M
U
798.39. Security deposit; refund; refund of noninitial occupancy security deposit
(a) The management may only demand a security deposit on or before initial occupancy and
the security deposit may not be in an amount or value in excess of an amount equal to two months'
rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In
no event shall additional security deposits be demanded of a homeowner following the initial
occupancy.
(b) As to all security deposits collected on or after January 1, 1989, after the homeowner has
promptly paid to the management within five days of the date the amount is due, all of the rent,
utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the
collection of the security deposit by the management, or upon resale of the mobilehome, whichever
occurs earlier, the management shall, upon the receipt of a written request from the homeowner,
refund to the homeowner the amount of the security deposit within 30 days following the end of the
12-consecutive-month period of the prompt payment or the date of the resale of the mobilehome.
(c) As to all security deposits collected prior to January 1, 1989, in the event that the
mobilehome park is sold or transferred to any other party or entity, the selling park owner shall
deposit in escrow an amount equal to all security deposits that the park owner holds. The seller's
escrow instructions shall direct that, upon close of escrow, the security deposits therein that were held
by the selling park owner (including the period in escrow) for 12 months or more, shall be dispersed
to the persons who paid the deposits to the selling park owner and promptly paid, within five days
of the date the amount is due, all rent, utilities, and reasonable service charges for the 12-month
period preceding the close of escrow.
(d) Any and all security deposits in escrow that were held by the selling park owner that are
not required to be disbursed pursuant to subdivision (b) or (c) shall be disbursed to the successors in
interest to the selling or transferring park owner, who shall have the same obligations of the park's
management and ownership specified in this section with respect to security deposits. The disbursal
may be made in escrow by a debit against the selling park owner and a credit to the successors in
interest to the selling park owner.
(e) The management shall not be required to place any security deposit collected in an
interest -bearing account or to provide a homeowner with any interest on the security deposit collected.
(f) Nothing in this section shall affect the validity of title to real property transferred in
violation of this section.
(Added by Ch. 59, Stats. of 1988, eff. 1/1/89)
(Amended by Ch. 119, Stats. of 1994, eff. 1 /1 /95)
798.40. Security liens; mutual agreement; separate statements
The management shall not acquire a lien or security interest, other than an interest arising by
reason of process issued to enforce a judgment of any court, in a mobilehome located in the park
unless it is mutually agreed upon by both the homeowner and management. Any billing and payment
upon the obligation shall be kept separate from current rent.
(Added by Ch. 390, Stats. of 1986, eff. 1/1/87)
15 1197
U V
798.41. Separate utility service fees
(a) Where a rental agreement, including a rental agreement specified in Section 798.17, does
not specifically provide otherwise, the park management may elect to bill a homeowner separately for
utility service fees and charges assessed by the utility for services provided to or for spaces in the
park. Any separately billed utility fees and charges shall not be deemed to be included in the rent
charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent
increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced
by any local governmental entity which establishes a maximum amount that a landlord may charge
a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges
the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local
rent control provision is simultaneously reduced by an amount equal to the fees and charges separately
billed. The amount of this' reduction shall be equal to the average amount charged to the park
management for that utility service for that space during the 12 months immediately preceding notice
of the commencement of the separate billing for that utility service.
Utility services to which this section applies are natural gas or liquid propane gas, electricity,
water, cable television, garbage or refuse service, and sewer service.
(b) This section does not apply to rental agreements entered into prior to January 1, 1991,
until extended or renewed on or after that date.
(c) Nothing in this section shall require rental agreements to provide for separate billing to
homeowners of fees and charges specified in subdivision (a).
(d) Those fees and charges specified in subdivision (a) shall be separately stated on any
monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated on the initial notice and each
subsequent billing to the homeowner while the fee or charge is billed to the homeowner.
(Added by Ch. 1013, Stats. of 1990, eff. 111191)
(Amended by Ch. 338, Stats. of 1992, eff. 1/1/93)
798.42. Costs incurred for violation of Mobilehome Residency Law
(a) The management shall not charge or impose upon a homeowner any fee or increase in rent
which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee
assessed or awarded by a court of law against the management for a violation of this chapter,
including any attorney's fees and costs incurred by the management in connection therewith.
(b) A court shall consider the remoteness in time of the assessment or award against the
management of any fine, forfeiture, penalty, money damages, or fee in determining whether the
homeowner has met the burden of proof that the fee or increase in rent is in violation of this section.
(c) Any provision in a rental agreement entered into, renewed, or modified on or after
January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any
money damages awarded against the management for a violation of this chapter shall be void.
(Added by Ch. 1374, Scats. of 1990, eff. 111191)
(Amended by Ch. 1254, Stats. of 1994, eff. 1/1195)
16 I197
798.43. Disclosure of homeowner utility services used by park management
(a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment
of gas, water, or electric utility service, management shall disclose to the homeowner any condition
by which a gas, water, or electric meter on the homeowner's site measures gas, water, or electric
service for common area facilities or equipment, including lighting, provided that management has
knowledge of the condition.
` Management shall disclose this information prior to the inception of the tenancy or upon
-discovery and shall complete either of the following:
(1) Enter into a mutual written agreement with the homeowner for compensation by
management for the cost of the portion of the service measured by the homeowner's meter for the
common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991.
(2) Discontinue using the meter on the homeowner's site for the utility service to the common
area facilities and equipment.
(b) On and after January 1, 1994, if the electric meter on the homeowner's site measures
electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting
provides lighting for the homeowner's site, management shall be required to comply with subdivision
(a).
(Added by Ch. 380, Stats. of 1990, eff. 111/91)
(Renumbered Section 798.43 by Ch. 1091, Stats. of 1991, eff. 1/1/92)
(Amended by Ch. 147, Stats. of 1993, eff. 1/1/94)
ARTICLE 4.5. REN`T CON''TROL
f
798.45. New construction exemption
Notwithstanding Section 798.17, "new construction" as defined in Section 798.7, shall be
exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or
city and county, which establishes a maximum amount that a landlord may charge a tenant for rent.
(Added by Ch. 412, Stats. of 1989, eff. 1/1/90)
798.49. Fees management may separately charge to homeowners
(a) Except as provided in subdivision (d), the local agency of any city, including a charter
city, county, or city and county, which administers an ordinance, rule, regulation, or initiative
measure that establishes a maximum amount that management may charge a tenant for rent shall
permit the management to separately charge a homeowner for any of the following:
(1) The amount of any fee, assessment or other charge first imposed by a city, including a
charter city, a county, a city and county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
(2) The amount of any increase on or after January 1, 1995, in an existing fee, assessment
or other charge imposed by any governmental entity upon the space rented by the homeowner.
17 1/97
(3) The amount of any fee, assessment or other charge upon the space first imposed or
increased on or after January 1, I993, pursuant to any state or locally mandated program relating to
housing contained in the Health and Safety Code.
(b) If management has charged the homeowner for a fee, assessment, or other charge specified
in subdivision (a) that was increased or first imposed on or after January 1, 1993, and the fee,
assessment, or other charge is decreased or eliminated thereafter. the charge to the homeowner shall
be decreased or eliminated accordingly.
(c) The amount of the fee, assessment or other charges authorized by subdivision (a) shall be
separately stated on any billing to the homeowner. Any change in the amount of the fee, assessment,
or other charges that are separately billed pursuant to subdivision (a) shall be considered when
determining any rental adjustment under the local ordinance. :
(d) This section shall not apply to any of the following:
(1) Those fees, assessments, or charges imposed pursuant to the Mobilehome Parks Act (Part
2.1 (commencing with Section 18200) of Division 13, of the Health and Safety Code), unless
specifically authorized by Section 18502 of the Health and Safety Code.
(2) Those costs that are imposed on management by a court pursuant to Section 798.42.
(3) Any fee or other exaction imposed upon management for the specific purpose of
defraying the cost of administration of any ordinance, rule, regulation, or initiative measure that
establishes a maximum amount that management may charge a tenant for rent.
(4) Any tax imposed upon the property by a city, including a charter city, county, or city and
county.
(e) Those fees and charges specified in subdivision (a) shall be separately stated on any
monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated on the initial notice and each
subsequent billing to the homeowner while the fee or charge is billed to the homeowner.
(Added by Ch. 338, Stats. of 1992, eff. 1/1/93)
(Amended by Ch. 340, Stats. of 1994, eff. 1/1/95)
ARTICLE 5. H01MEOWNER COMMUNICATIONS AND MEETINGS
798.50. Legislative intent
It is the intent of the Legislature in enacting this article to ensure that homeowners and
residents of mobilehome parks have the right to peacefully assemble and freely communicate with one
another and with others with respect to mobilehome living or for social or educational purposes.
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 503, Stats. of 1983, eff. 111/84)
(Amended by Ch. 519, Stats. of 1983, eff. I/I/84)
(Amended by Ch. 33, Stats. of 1987, eff. 1/1188)
(Repealed by Ch. 198, Stats. of 1989, eff. 111/90)
(Added by Ch. 199, Scats. of 1989, eff. 1/1190)
18 1197
798.51. Management cannot deny or prohibit; peaceful assembly; public officials or
candidates; canvassing and petitions
No provision contained in any mobilehome park rental agreement, rule, or regulation shall
deny or prohibit the right of any homeowner or resident in the park to do any of the following:
(a) Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner,
for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse
when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome
within the park.
(b) Invite public officials, candidates for public office, or representatives of mobilehome
owner organizations to meet with homeowners and residents and speak upon matters of public
interest, in accordance with Section 798.50.
(c) Canvass and petition homeowners and residents for noncommercial purposes relating to
mobilehome living, election to public office, or the initiative, referendum, or recall processes, at
reasonable hours and in a reasonable manner, including the distribution or circulation of information.
(Added by Ch. 667, Stats. of 1981, eff. 1/1182)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 299, Stats. of 1984, eff. 1/I/85)
(Amended by Ch. 1416, Stats. of 1986, eff. 1/1/87)
(Repealed by Ch. 198, Stats. of 1989, eff. 1/l/90)
(Added by Ch. 198, Stats. of 1989, eff. 111190)
798.52. Court action to enjoin enforcement
Any homeowner or resident who is prevented by management from exercising the rights
provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any
rule, regulation, or other policy which unreasonably deprives a homeowner or resident of those rights.
(Added by Ch. 198, Stats. of 1989, eff. 111190)
ARTICLE 5.5 HOMEOWNTERS MEETINGS 117TH AIANAGEAIENT
798.53. Aanagement/homeowners meetings
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:
(a) Resident concerns regarding existing park rules that are not subject to Section 798.25.
(b) Standards for maintenance of physical improvements in the park.
(c) Addition, alteration, or deletion of service, equipment, or physical improvements.
19 1197
(d) RentaI agreements offered pursuant to Section 798.17.
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.
(Added by Ch. 198, Stats. of 1989, eff. I/l/90)
(Amended by Ch. 340, Stars. of 1994, eff. 111195)
z
ARTICLE 6. TERniWATION OF TENANCY
798.55. Protection from actual or construction eviction; termination
(a) 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.
(b) 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. The copy may be sent by regular mail or by certified or
registered mail with return receipt requested, at the option of the management. If the homeowner has
not paid the rent due within three days after notice to the homeowner, and if the first notice was not
sent by certified or registered mail with return receipt requested, a copy of the notice shall again be
sent to the legal owner, each junior lienholder, and the registered owner, if other than the
homeowner, by certified or registered mail with return receipt requested within 10 days after notice
to the homeowner. Copies of the notice shall be 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.
(Added by Ch. 1031, Stats. of 1979, eff. 1/I/79)
(Amended by Ch. 493, Stats. of 1979, eff. 1/1180)
(Amended by Ch. 1149, Stats. of 1980, eff. 1/l/81)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 1124, Stats. of 1983, eff. 7/1/84)
(Amended by Ch. 835, Stats. of 1992, eff. 1/1193)
(Amended by Ch. 666, Stats. of 1993, eff. 1/1/94)
798.56. Authorized reasons for termination
A tenancy shall be terminated by the management only for one or more of the following
reasons:
20 1 /97
(a) 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.
(b) Conduct by the homeowner or resident, upon the park premises, which constitutes a
substantial annoyance to other homeowners or residents.
(c) Conviction of the homeowner or resident for prostitution or a felony controlled substance
offense if the act resulting in the conviction was committed anywhere on the premises of the
mobilehome park, including, but not limited to, within the homeowner's mobilehome.
However the tenancy may not be terminated for the reason specified in this subdivision if the
person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of
the park which is part of the rental agreement, or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a
reasonable rule or regulation 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.
(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges;
provided that the amount due has been unpaid for a period of at least five days from its due date, and
provided, that the homeowner shall be given a three-day written notice subsequent to that five-day
period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day written notice shall be given to
the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy
of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55
within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as the 60 days' notice required for
termination of the tenancy.
(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure
a default under this subdivision. In the event the homeowner does not pay prior to the expiration of
the three-day notice period, the homeowner shall remain liable for all payments due up until the time
the tenancy is vacated.
(3) 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 that payment.
(4) 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 a 12-month period.
21 1/97
. , 0
(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the
tenancy on three or more occasions within the preceding 12-month period, no written three-day notice
shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable
incidental service charges.
In that event the management shall give 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 Iegal owner, each junior lienholder, and the registered owner of the
mobilehome, if other than the homeowner, as specified in paragraph (b) of Section 798.55, by
certified or registered mail return receipt requested within 10 days'after notice is sent to the
homeowner.
(f) Condemnation of the park.
(g) 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 local 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 Iocal
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 the time the notice
was given.
(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the
Government Code shall be given to the homeowners or residents at the same time that notice is
required pursuant to subdivision (g) of this section.
(Added by Ch. 1031, Stats. of 1978, eff. 111/79)
(Amended by Ch. 1033, Stats. of 1979, eff. I/1l79)
(Amended by Ch. 945, Stats. of 1979, eff. 1/1/80)
(Amended by Ch. 1185, Stats. of 1979, eff. 111/80)
(Amended by Ch. 1149, Stats. of 1980, eff. 111/81)
(Amended by Ch. 458, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 714,'Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 777, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1 /1 /84)
(Amended by Ch. 1124, Stats. of 1983, eff. 7/1/84)
22 1/97
(Amended by Ch. 171, Stats. of 1988, eff. 111189)
(Amended by Ch. 301, Stats. of 1988, eff. 111/89)
(Amended by Ch. 1357, Stats. of 1990, eff. 111191)
798.56a. Action required for legal owner, etc., of mobilehome once notice of termination
of tenancy is given
(a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice
of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner and each
junior lienholder shall notify the management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to the management for the
amount specified in its written offer. In that event, the management shall have 15 days following
receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity
that made the offer shall have 10 days in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the mobilehome.
(3) Its request that the management pursue the termination of tenancy against the homeowner
and its offer to reimburse management for the reasonable attorney's fees and court costs incurred by
the management in that action. If this request and offer are made, the legal owner or junior lienholder
shall reimburse the management the amount of reasonable attorney's fees and court costs, as agreed
upon by the management and the legal owner or junior lienholder, incurred by the management in an
action to terminate the homeowner's tenancy, on or before the earlier of (A) the 60th calendar day
following receipt of written notice from the management of the aggregate amount of those reasonable
attorney's fees and costs or (B) the date the mobilehome is resold.
(b) A legal owner or junior lienholder may sell the mobilehome within the park to a third
party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of
the following requirements are met:
(1) The legal owner or junior lienholder notifies management in writing of the intention to
exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following
receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and
satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the
90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy
these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the
date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the
notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and
necessary corrective actions so that the mobilehome complies with park rules and regulations in
existence at the time the notice of termination of tenancy was given as well as the health and safety
standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and
completes these repairs and corrective actions within 90 calendar days of that notice, or before the
date the mobilehome is sold, whichever is earlier.
(3) The legal owner or junior lienholder complies with the requirements of Article 7
(commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c) For purposes of subdivision (a), the "homeowner's responsibilities and liabilities" means
all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable
23 1197
I I A 7
maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d) In the event the homeowner files for bankruptcy, the periods set forth in this section are
tolled until the mobilehome is released from bankruptcy.
(e) Notwithstanding any other provision of law, including, but not Iimited to, Section 18099.5
of the Health and Safety Code, in the event neither the legal owner nor a junior lienholder, if any,
notifies the management of its decision pursuant to subdivision (a) within the period allowed, or
performs as agreed within 30 days, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this case, notwithstanding any other
provision of law, the management shall have a warehouseman's Iien in accordance with Section 7209
of the Commercial Code against the mobilehome for the costs of dismantling and moving, if
appropriate, as well as storage, which shall be superior to all other liens, except the lien provided for
in Section 19116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210
of the Commercial Code.
'(f) All written notices required by this section shall be sent to the other party by certified or
registered mail with return receipt requested.
(g) Satisfaction, pursuant to this section, of the homeowner's accrued or accruing
responsibilities and liabilities shall not cure the default of the homeowner.
(Added by Ch. 1357. Stats. of 1990, eff. 1/1/91)
(Amended by Ch. $35, Stats. of 1992, eff. 1/1/93)
(Amended by Ch. 95, Stats. of 1996, eff. 1/1/97)
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 or a subdivision thereof, nor a recital
of the language of this article will constitute compliance with this section.
(Added by Ch. 1031, Stats. of 1978, eff. lll/79)
798.58. Termination to make space for buyer of mobilehome from park owner
prohibited
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.
(Added by Ch. 1031, Stats. of I978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
7".59. Notice by homeowner, time
A homeowner shall give written notice to the management of not less than 60 days before
vacating his or her tenancy.
(Added by Ch. 1031, Stats. of 1979, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
24 1 /97
I . 1
798.60. Application of other 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.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
(Amended by Ch. 1033, Stats. of 1978, eff. 111l79)
798.61. Abandoned mobilehomes; disposition
(a) (1) As used in this section, "abandoned mobilehome" means a mobilehome about which
all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent has been paid to the
management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(2) For purposes of this section:
(A) "Mobilehome" shall include a trailer coach, as defined in Section 635 of the Vehicle
Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being
located on any site within a mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome which is uninhabitable because of
its total or partial destruction which cannot be rehabilitated, if the mobilehome also satisfies the
requirements of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome,
the management shall post a notice of belief of abandonment on the mobilehome for not less than 30
days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to
the homeowner at the last known address and to any known registered owner, if different from the
homeowner, and to any known holder of a security interest in the abandoned mobilehome. This
notice shall be mailed by registered or certified mail with a return receipt requested.
(c) Thirty or more days following posting pursuant to subdivision (b), the management may
file a petition in the municipal or justice court for the judicial district in which the mobilehome park
is located for a judicial declaration of abandonment of the mobilehome. Copies of the petition shall
be served upon the homeowner, any known registered owner, and any known person having a lien
or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing
copies to those persons at their last known addresses by registered mail with a return receipt requested
in the United States mail, postage prepaid.
(d) (1) Hearing on the petition shall be given precedence over other matters on the court's
calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria
for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine the amount of charges to which
the petitioner is entitled, and award attorney's fees and costs to the petitioner. For purposes of this
subdivision an interest in the mobilehome shall be established by evidence of a right to possession of
25 1197
the mobilehome or a security or ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of the petitioner, and a default
judgment shall be thereupon entered, if no responsive pleading is fled within 15 days after service
of the petition by mail.
(e) (1) Within 10 days following a judgment of abandonment, the management shall enter
the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the
court.
(2) During this period the management shall post and mail notice of intent to sell the
abandoned mobilehome and its contents under this section, and announcing the date of sale, in the
same manner as provided for the notice of determination of abandonment under subdivision (b).
(3) At any time prior to sale of a mobilehome under this section, any person having a right
to possession of the mobilehome may recover and remove it from the premises upon payment to the
management of all rent or other charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the mobilehome from the
premises pursuant to this paragraph, the management shall immediately file an acknowledgment of
satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10 days following the notice
of sale specified in subdivision (e), the management may conduct a public sale of the abandoned
mobilehome and its contents. The management may bid at the sale and shall have the right to offset
its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be
retained by the management, but any unclaimed amount thus retained over and above the amount to
which the management is entitled under this section shall be deemed abandoned property and shall
be paid into the treasury of the county in which the sale took place within 30 days of the date of the
sale. The former homeowner or any other owner may claim any or all of that unclaimed amount
within one year from the date of payment to the county by making application to the county treasurer
or other official designated by the county. If the county pays any or all of that unclaimed amount to
a claimant, neither the county nor any officer or employee of the county is liable to any other claimant
as to the amount paid.
(g) Within 30 days of the date of the sale, the management shall submit to the court an
accounting of the moneys received from the sale and the disposition of the money and the items
contained in the inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a copy of the judgment of
abandonment and evidence of the sale, as shall be specified by the State Department of Housing and
Community Development or the Department of Motor Vehicles, which shall register title in the
abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the
purchaser free of any prior interest, including any security interest or lien, except the lien provided
for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(Added by Ch. 1153, Stats. of 1986, eff. 1/1197)
(Amended by Ch. 648, Stats. of 1986, eff. 1/1/97)
(Amended by Ch. 301, Stars. of 1988, eff. 1/1/89)
(Amended by Ch. 564, Stars. of 1991, eff. 1/1/92)
(Amended by Ch. 446, Stars. of 1995, eff. 1/1196)
26 1 /97
ARTICLE 7. TRANSFER OF MOBILEHUME OR MOBILEHO'ME PARK
798.70. Advertising
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
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 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 or
A -frame design with the sign face perpendicular to, but not extending into, the street. Homeowners
may attach to the sign or their mobilehome tubes or holders for leaflets which provide information
on the mobilehome for sale, exchange, or rent.
(Added by Ch. 1031, Stats. of 1978, eff. I/1/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/I/83)
(Amended by Ch. 174, Stats. of 1986, eff. 1/1/87)
(Amended by Ch. 745, Stats. of 1989, eff. 111/90)
(Amended by Ch. 329, Stats. of 1993, eff. 1 /1/94)
798.71. Listing or showing mobilehome by park owner or manager; written
authorization
(a) 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.
(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 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, nor require the selling homeowner, or 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, to authorize the management to act as the agent in the sale of a manufactured home or
mobilehome as a condition of management's approval of the buyer or prospective homeowner for
residency in the park.
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.
27 1 /97
+. , J 1
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1346, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/l/84)
(Amended by Ch. 498, Stats. of 1988, eff. 1/1/89)
(Amended by Ch. 745, Stats. of 1989, eff. 111/90)
798.72. Transfer or selling fee; request for service
(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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 498, Stats. of 1988, eff. 1/1/89)
(Amended by Ch. 745, Stats. of 1989, eff. 1/l/90)
798.73. Removal upon sale to third party; conditions
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 tem 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:
(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
28 1 /97
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 shall not require repairs and improvements to the park space or property owned by
the management, except for damage caused by the homeowner.
(Added by Ch. 1034, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 1392, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 576, Stats. of 1991. eff. 111192)
(Amended by Ch. 729, Stats. of 1994, eff. 111195)
798.74. Prior approval of purchaser; grounds for withholding; informing homeowner,
financial report/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 request of any prospective homeowner who proposes to purchase a mobilehome that will
remain in the park, management shall inform that person of the information management will require
in order to determine 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 those
stated in this article, the management or owner may be held liable for all damages proximately
resulting therefrom.
(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 rejecters 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.
(Added by Ch. 541, Stats. of 1978, eff. 111179)
(Amended by Ch. 1031, Stats. of 1978, eff. 1/1/79)
29 1197
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 76, Stats. of 1985, eff. 1/1/86)
(Amended by Ch. 830, Stats. of 1987, eff. 111/88)
(Amended by Ch. 522, Stats. of 1988, eff. 111189)
(Amended by Ch. 645, Stats. of 1990, eff. 1/1/91)
798.75. Sale or transfer of mobilehome to remain in park, required document; purchaser
(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.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
(Amended by Ch. 667, Stats. of 1981, eff. 1/1182)
(Amended by Ch. 519, Stats. of 1983, eff. 111 /84)
(Amended by Ch. 323, Stan. of 1987, eff. 1/1/88)
(Amended by Ch. 119, Stats. of 1989, eff. 1/I/90)
(Amended by Ch. 645, Stats. of 1990, eff. 111/91)
798.76. Compliance with adults only rule
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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 666, Stats. of 1992, eff. 1/1193)
(Amended by Ch. 1277, Stats. of 1993, eff. 1/1/94)
(Amended by Ch. 61, Stats of 1996, eff. 6/10196, urgency)
30 1 /97
V U
798.77. Waiver of rights; public policy
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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 111179)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
798.78. Rights/responsibilities of heir or joint tenant of om-ner
(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 since 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 18505 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 prospectivc purchaser of a mobilehome that remains in the park.
(Added by Ch. 198, Stats. of 1979, eff. 1/1180)
(Amended by Ch. 477, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 745, Stats. of 1989, eff. 1/1/90)
798.79. Foreclosure 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
31 1197
%. t t 0 -
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.
(Added by Ch. 1185, Stats. of 1979, eff. 1/1180)
(Amended by Ch. 477, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. I397, Stats. of 1982, eff. 1/I/83)
(Amended by Ch. 1124, Stats. of 1983, eff. 7/1M)
(Amended by Ch. 1357, Stats. of 1990, eff. 1/1191)
(Amended by Ch. 190, Stats. of 1991, eff. 1/l/92)
798.80. Sale of park; listing; notice to residents
(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 and 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 the 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 Pan 1 of Division 4 of the Business and
32 1 /97
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.
(Added by Ch. 648, Stats. of 1986, eff. 1/1/87)
(Amended by Ch. 421, Stats. of 1990, eff. 1/1/91)
(Amended by Ch. 219, Stats. of 1994, W. 1/1/95)
798.81 management cannot prohibit listing; cannot require management to act as agent
as condition of buyer approval
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.
(Added by Ch. 1033, Stats. of 1988, eff. 111189)
(Amended by Ch. 745, Stats. of 1989, eff. 1/1/90)
798.82. Disclosure by management of school facilities fee
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 Iocated, 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 I of Title 7 of, the
Government Code.
(Added by Ch. 983, Stats. of 1994, eff. 1/1/95)
33 I /97
ARTICLES. ACTIONS, PROCEEDINGS, AND PENALTIES
798.84. Action against management; written notice; service; delivery; limitations
(a) No action based upon the management's alleged failure to maintain the physical
improvements in the common facilities in good working order or condition or alleged reduction of
service may be commenced by a homeowner unless the management has been given at least 30 days'
prior notice of the intention to commence the action.
(b) The notice shall be in writing, signed by the homeowner or homeowners making the
allegations, and shall notify the management of the basis of the claim, the specific allegations, and
the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the
specific allegation to the management of the park by all of the homeowners in the park.
(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(d) For purposes of this section, management shall be deemed to be notified of an alleged
failure to maintain the physical improvements in the common facilities in good working order or
condition or of an alleged reduction of services upon substantial compliance by the homeowner or
homeowners with the provisions of subdivisions (b) and (c), or when management has been notified
of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(e) If the notice is served within 30 days of the expiration of the applicable statute of
limitations, the time for the commencement of the action shall be extended 30 days from the service
of the notice.
(f) This section does not apply to actions for personal injury or wrongful death.
(Added by Ch. 1592, Stars. of 1988, eff. I/l/89)
798.85. Attorney's fees and costs
In any action arising out of the provisions of this chapter the prevailing parry 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.
(Added by Ch. 1031, Stats. of 1978, eff. I/l/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 519, Stats. of 1983, eff. 1/l/84)
798.86. Willful violation by park owner; additional penalty
In the event a homeowner or former homeowner of a park is the prevailing parry 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.
(Added by Ch. 1031, Stats. of 1978, eff. I/1/79)
34 1/97
U
(Amended by Ch. 1033. Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 519, Stats. of 1983, eff. 111/84)
798.87. Public nuisance
-(a) 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 Section 3491, such a nuisance may only be remedied by a civil action or abatement.
(b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance.
Notwithstanding Section 3491, such a nuisance may only be remedied by a civil action or abatement.
(c) A civil action pursuant to this section may be brought by a park resident, the park
management, or in the name of the people of California by the district attorney or the city attorney
of the jurisdiction in which the park is located.
(Added by Ch. 1392, Stats. of 1982, eff. 1 /1183)
(Amended by Ch. 187, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 1374, Stats. of 1990, eff. 1/1191)
798.88. Violation of a reasonable rule or regulation
(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate
the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a
mobilehome park may be enjoined from the violation as provided in this section.
(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule
or regulation of a mobilehome park may be filed by the management thereof with the superior court
for the county in which the mobilehome park is located. At the time of filing the petition, the
petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527
of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with
notice, upon the petitioner's affidavit showing to the satisfaction of the court reasonable proof of a
continuing or recurring violation of a rule or regulation of the mobilehome park by the named
homeowner or resident and that great or irreparable harm would result to the management or other
homeowners or residents of the park from continuance or recurrence of the violation.
(c) A temporary restraining order granted pursuant to this subdivision shall be personally
served upon the respondent homeowner or resident with the petition for injunction and notice of
hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days,
except as modified or sooner terminated by the court.
(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon.
If the court, by clear and convincing evidence, finds the existence of a continuing or recurring
violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction
prohibiting the violation. The duration of the injunction shall not exceed three years.
(e) However, not more than three months prior to the expiration of an injunction issued
pursuant to this section, the management of the mobilehome park may petition under this section for
a new injunction where there has been recurring or continuous violation of the injunction or there is
a threat of future violation of the mobilehome park's rules upon termination of the injunction.
(f) Nothing shall preclude a party to an action under this section from appearing through legal
35 1197
counsel or in propria perso&-)
(g) The remedy provided by this section is nonexclusive and nothing in this section shall be
construed to preclude or Iimit any rights the management of a mobilehome park may have to terminate
a tenancy.
(Added by Ch. 270, Stats. of I991, eff. i/l/92)
798.285 Removal of vehicles
The management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of
a vehicle other than a mobilehome which is parked in the park when there is displayed a sign at each
entrance to the park as provided in paragraph (1) of subdivision (a) of Section 22658 of the Vehicle
Code.
(Added by Ch. 32, Stats. of 1993, eff. I/l/94)
ARTICLE 9. SUBDIVISIONS, COOPERATIVES, AND CONDOAiINWAIS
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..
(Added by Ch. 1031, Stats. of 1978, eff. I/1l79)
(Amended by Ch. 198, Stats. of 1979, eff. I/1/80)
(Amended by Ch. 61, Stats. of 1996, eff. 6110196, urgency)
Ir
799.1. Application and Scope
This article shall govern the rights of a resident who has an ownership interest in the space,
subdivision, cooperative, condominium, or resident -owned mobilehome park in which his or her
mobilehome is located or installed. Articles I (commencing with Section 798) to 8 (commencing with
Section 798.84), inclusive, shall apply only to a resident of a subdivision, cooperative, or
condominium for mobilehomes who rents or leases a space on which his or her mobilehome is Iocated
or installed.
(Amended by Ch. 103, Stats. of 1995, eff. 111196)
(Amended by Ch. 61, Stats of 1996, eff. 6/10196, urgency)
799.1.5.. Advertising
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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 1033, Stats. of 1978, eff. 111179)
(Amended by Ch. 198, Stats. of 1979, eff. 1 /l /80)
36 1/97
. . \. r it'.
V
(Amended by Ch. 519, Stats. of 1983, eff. 111184)
(Amended by Ch. 103, Stats. of 1995, eff. 1/1196)
799.2. Listing or showing mobilehome by ownership or management;
%Titten authorization
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.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
(Amended by Ch. 198, Stats. of 1979, eff. 111/80)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1184)
799.3. Sale to third party; prohibition against required removal
The ownership or management shall not require the removal of a mobilehome from a
subdivision, cooperative, condominium, or resident -owned mobilehome park in the event of its sale
to a third party.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
(Amended by Ch. 1033, Stats. of 1978, eff. 111 /79)
(Amended by Ch. 198, Stats. of 1979, eff. 111180)
(Amended by Ch. 61, Stats. of 1996, eff. 6110/96, urgency)
799.4. Prior approval of purchaser; grounds for withholding
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,
condominium, 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.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 198, Stats. of 1979, eff. 111180)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1184)
(Amended by Ch. 61, Stats. of 1996, eff. 6110196, urgency)
799.5. Purchaser, Compliance with adults only rule
The ownership or management may require that a purchaser of a mobilehome that will remain
in the subdivision, cooperative, condominium, or resident -owned mobilehome park: for mobilehomes,
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
37 1 /97
Act as amended by Public Law 104-76, and implementing regulations.
(Added by Ch. 1031, Stats. of I978, eff. 1/l/79)
(Amended by Ch. 1277, Stats. of 1993, eff. 1/l/94)
(Amended by Ch. 61, Stats. of 1996, eff. 6110196, urgency)
799.6. Waiver of rights; public policy
No agreement shall contain any provision by which the purchaser waives his or her rights
under the provision of this article. Any such waiver shall be deemed contrary to public policy and
void and unenforceable.
(Formerly Section 799.8, added by Ch. 1031, Stats. of 1978, eff. 1/1179)
(Renumbered Section 799.6 and amended by Ch. 1033, Stats. of 1978, eff. 1il/79)
(Amended by Ch. 519, Stats. of 1983, W. 111/84)
799.7. Notice requirements for utility service 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,
condominium, 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 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 iaintenance, repair, or replacement of utility facilities.
(Added by Ch. 317, Stats. of 1992, eff. 1/1/93)
(Amended by Ch. 61, Stats of 1996, eff. 6/10/96, urgency)
799.8. Disclosure by management of school facilities fee
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 Ch. 983, Stats. of 1994, eff. 111195)
38 1 /97
Law.
CHAPTER 2.6. RECREATIONAL VEHICLE PARK OCCUPANCY LAW
(Repealed and Reenacted by Ch. 310, Stats. of 1992, eff. 111193)
(Reenacted in substantially revised form)
ARTICLE 1. DEM'ITIONS
799.20. Citation of chapter
This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.21. Application of definitions
Unless the provisions or context otherwise require, the following definitions shall govern the
construction of this chapter.
(Repealed by Ch. 310, Stats. of 1992. eff. 111/93)
(Added by Ch. 310, Stats. of 1992, eff. I/1/93)
799.22. Defaulting occupant
"Defaulting occupant" means an occupant who fails to pay for his or her occupancy in a park
or who fails to comply with reasonable written rules and regulations of the park given to the occupant
upon registration.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.23. Defaulting resident
"Defaulting resident" means a resident who fails to pay his or her occupancy in a park, fails
to comply with reasonable written rules and regulations of the park given to the resident upon
registration or during the term of his or her occupancy in the park, or who violates any of the
provisions contained in Article 5 (commencing with Section 799.70).
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
799.24. Defaulting tenant.
"Defaulting tenant" means a tenant who fails to pay for his or her occupancy in a park or fails
to comply with reasonable written rules and regulations of the park given to the person upon
registration or during the term of his or her occupancy in the park.
(Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
(Added by Ch. 310, Stats. of 1992. eff. 1/l/93)
39 1 /97
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t - M. 10
799.25. Guest
"Guest" means a person who is lawfully occupying a recreational vehicle located in a park but
who is not an occupant, tenant, or resident. An occupant, tenant, or resident shall be responsible for
the actions of his or her guests.
(Repealed by Ch. 310, Stats. of 1992, W. 1/1/93)
(Added by Ch. 310, Stats, of 1992, eff. 1/1193)
799.26. Management
"Management" means the owner of a recreational vehicle park or an agent or representative
authorized to act on his or her behalf in connection with matters relating to the park.
(Repealed by Ch. 310. Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1193)
799.27. Occupancy
"Occupancy" and "occupy" refer to the use of a recreational vehicle park lot by an occupant,
tenant, or resident.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, W. 1/1/93)
799.28. Occupant
"Occupant" means the owner or operator of a recreational vehicle who has occupied a lot in
a park for 30 days or less.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992. eff. 111193)
799.29. Recreational vehicle
"Recreational vehicle" has the same meaning as defined in Section 18010 of the Health and
Safety Code.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/l/93)
799.30. Recreational vehicle park
"Recreational vehicle park" or "park" has the same meaning as defined in Section 18215 of
the Health and Safety Code.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/l/93)
799.31. Resident
"Resident" means a tenant who has occupied a lot in a park for nine months or more.
40 1 /97
Id
(Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.32. Tenant
"Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a
park for more than 30 consecutive days.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.35. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.36. (Repealed by Ch. 310, Stan. of 1992, eff. 1/1/93)
799.37. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.38. (Repealed by Ch. 310, Stats. of 1992; eff. 111/93)
799.39. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
ARTICLE 2. GENERAL PROVISIONS
799.40. Rights of management, occupant, tenant or resident
The rights created by this chapter shall be cumulative and in addition to any other legal rights
the management ofea park may have against a defaulting occupant, tenant, or resident, or that an
occupant, tenant, or resident may have against the management of a park.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.41. Restrictions
Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health
and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety
Code.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.42. Rights protected
No occupant registration agreement or tenant rental agreement shall contain a provision by
which the occupant or tenant waives his or her rights under the provisions of this chapter, and any
waiver of these rights shall be deemed contrary to public policy and void.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.43. Registration agreement
The registration agreement between a park and an occupant thereof shall be in writing and
shall contain, in addition to the provisions otherwise required by law to be included, the term of the
41 1 /97
r.t �
occupancy and the rent therefor, the fees, if any, to be charged for services which will be prodded
by the park, and a statement of the grounds for which a defaulting occupant's recreational vehicle may
be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour
notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.44. Copy of park rules and regulations
At the time of registration, an occupant shall be given a copy of the rules and regulations of
the park.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.45. Rental agreement
The management may offer a rental agreement to an occupant of the park who intends to
remain in the park for a period in excess of 30 consecutive days.
(Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.46. Sign requirement for recreational vehicle removal
At the entry to a recreational vehicle park, or within the separate designated section for
recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property
a sign indicating that the recreational vehicle may be removed from the premises for the reasons
specified in Section 799.22 and containing the telephone number of the local traffic law enforcement
agency. Nothing in this section shall prevent management from additionally displaying the sign in
other locations within the park.
(Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.47. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.49. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1193)
799.50. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.51. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
42 1 /97
ARTICLE 3. DEFAULTING OCCUPANTS
799.55. Removal of recreational vehicle due to default; 72-hour written notice; cure for
default
As a prerequisite to the right of management to have a defaulting occupant's recreational
vehicle removed from the lot which is the subject of the registration agreement between the park and
the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as
prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within
the 72-hour period during normal business hours.
(Added by Ch. 310, Stats. of 1992, eff. 111193)
799.56. Service of 72-hour %Titten notice; requirements
(a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant
personally or to a person of suitable age and discretion who is occupying the recreational vehicle
located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place
on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place
where the property is located and, if available, any other address which the occupant has provided
to management in the registration agreement. Delivery of the 72-hour notice to a defaulting occupant
who is incapable of removing the occupant's recreational vehicle from the park because of a physical
incapacity shall not be sufficient to satisfy the requirements of this section.
(b) In the event that the defaulting occupant is incapable of removing the occupant's
recreational vehicle from the park because of a physical incapacity or because the recreational vehicle
is not motorized and cannot be moved by the occupant's vehicle, the default shall be cured within 72
hours, but the date to quit shall be no less than seven days after service of the notice.
(c) The management shall also serve a copy of the notice to the city police if the park is
located in a city, or, if the park is located in an unincorporated area, to the county sheriff.
(Added by Ch. 310, Stats. of 1992, eff. 1/1193)
799.57. Park management; authority to remove recreational vehicle
The written 72-hour notice shall state that if the defaulting occupant does not remove the
recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the
management has authority pursuant to Section 799.58 to have the recreational vehicle removed from
the lot to the nearest secured storage facility.
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
799.58. Removal of defaulting occupant and vehicle by police or sheriff
Subsequent to serving a copy of the notice specified in this article to the city police or county
sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice
on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in
the recreational vehicle. The management may then remove or cause the removal of a defaulting
occupant's recreational vehicle parked on the premises of the park to the nearest secured storage
facility. The notice shall be void seven days after the date of service of the notice.
43 1197
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(Added by Ch. 310, Stats. of 1992, eff. 111193)
799.59. Care in removing recreational vehicle
When the management removes or causes the removal of a defaulting occupant's recreational
vehicle, the management and the individual or entity that removes the recreational vehicle shall
exercise reasonable and ordinary care in removing the recreational vehicle to the storage area.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
ARTICLE 4. DEFAULTING TENANTS
799.65. Termination of tenancy for nonpayment
The management may terminate the tenancy of a defaulting tenant for nonpayment of rent,
utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid
for a period of five days from its due date, and provided the tenant has been given a three-day written
notice subsequent to that five-day period to pay the total amount due or to vacate the park. For
purposes of this section, the five-day period does not include the date the payment is due. The three-
day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil
Procedure. Any payment of the total charges due, prior to the expiration of the three-day period,
shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the
three-day notice period, the tenant shall remain liable for all payments due up until the time the
tenancy is vacated.
(Added by Ch. 310, Stats. of 1992. eff. 1/1/93)
f
799.66. Termination of tenancy for reasons other than nonpayment
The management may terminate or refuse to renew the right of occupancy of a tenant for other
than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the
manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle
from the park. The notice need not state the cause for termination but shall provide not less than 30
days' notice of termination of the tenancy.
(Added by Ch. 310, Stats, of 1992, eff. 1/1/93)
(Amended by Ch. 167. Stats, of 1994, eff. 1/1195)
799.67. Eviction requirements
Evictions pursuant to this article shall be subject to the requirements 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 in this article.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
44 1 /97
ARTICLES. DEFAULTING RESIDENTS
799.70. Reasons for termination or refusal of tenancy requiring «Titten notice
The management may terminate or refuse to renew the right of occupancy of a defaulting
resident upon the giving of a written notice to the defaulting resident in the manner prescribed by
Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This
notice shall provide not less than 60 days' notice of termination of the right of occupancy and shall
specify one of the following reasons for the termination of the right of occupancy:
(a) Nonpayment of rent, utilities, or reasonable incidental service charges; provided, that the
amount due has been unpaid for a period of five days from its due date, and provided that the resident
shall be given a three-day written notice subsequent to that five-day period to pay the total amount
due or to vacate the park. For purposes of this subdivision, the five-day period does not include the
date the payment is due. The three-day notice shall be given to the resident in the manner prescribed
by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time
as the 60-day notice required for termination of the right of occupancy; provided, however, that any
payment of the total charges due, prior to the expiration of the three-day period, shall cure any default
of the resident. In the event the resident does not pay prior to the expiration of the three-day notice
period, the resident shall remain liable for all payments due up until the time the tenancy is vacated.
(b) Failure of the resident to comply with a local ordinance or state law or regulation relating
to the recreational vehicle park or recreational vehicles within a reasonable time after the resident or
the management receives a notice of noncompliance from the appropriate governmental agency and
the resident has been provided with a copy of that notice.
(c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial
annoyance to other occupants, tenants, or residents,
(d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the
act resulting in the conviction was committed anywhere on the premises of the park, including, but
not limited to, within the resident's recreational vehicle.
However, the right of occupancy may not be terminated for the reason specified in this
subdivision if the person convicted of the offense has permanently vacated, and does not subsequently
reoccupy, the recreational vehicle.
(e) Failure of the resident or a guest to comply with a rule or regulation of the park which
is part of the rental agreement or any amendment thereto.
No act or omission of the resident or guest shall constitute a failure to comply with a rule or
regulation unless the resident has been notified in writing of the violation and has failed to correct the
violation within seven days of the issuance of the written notification.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof.
(Added by Ch. 310, Stats. of 1992, eff. 111193)
799.71. Eviction subject to Code of Civil Procedure
Evictions pursuant to this article shall be subject to the requirements 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 in this article.
(Added by Ch. 310, Stats. of 1992, eff. I11193)
45 1197
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ARTICLE 6. LIENS FOR RECREATIONAL VEHICLES AND ABANDONED
POSSESSIONS
799.75. Lien due to default
The management shall have a lien upon the recreational vehicle and the contents therein for
the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical
to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28,
inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park
shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3.
(Added by Ch. 3I0, Stats. of 1992, eff. I/l/93)
ARTICLE 7. ACTIONS AND PROCEEDINGS
799.78. 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.
(Added by Ch. 310, Stats. of 1992, eff. I/l/93)
qr
799.79. Civil action award
In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is
the prevailing party in a civil action against the management to enforce his or her rights under this
chapter, the occupant, tenant, or resident, in addition to damages afforded by Iaw, may, in the
discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each
willful violation of any provision of this chapter by the management.
(Added by Ch. 310, Stats. of 1992, eff. I/1/93)
46 1197