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HomeMy WebLinkAboutJOSEPH SCHECK - 1996-10-21• J� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Dan Bruening, Housing Rehab Manager FROM: Janelle Case, Deputy City Clerk SUBJECT: Approval Of Proposed Lease Agreement For Prospective Purchaser Of Oceanview Estates, Space 18 - Joseph Scheck DATE: March 6, 1998 Per our conversation today please advise the City Clerk's Office of the status of the above referenced subject so that we may finalize and file. Thank You for prompt response. Janelle �/�:� Ls� r�f.C2/�r��- i" c��r �ar-d•Jz�C v o/ T /�.C. ,✓o rah AL r 52-// /ram 31c, / 5 Vj mo,tA— ,.4-1" 4o q From the desk of.- CONNIE BROCKWAY City Clerk City of Huntington Beach 536-5227 -14d Ile '° -- z 9 QR/6 /Nii� ��cmi-r 7a isle. GS P-oK� :; • (576AJATUYeS - Pf.. w)A)e. f11-E * 4OI Council/Agency Meeting Held: &-al-116 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's nature Council Meeting Date: /o— Department ID Number: As%-m CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator/Exe Iv PREPARED BY: ROBERT J. FRANZ, Deputy City Admini SUBJECT: APPROVAL OF PROPOSED LEASE AGREEMENT FOR PROSPECTIVE PURCHASER OF OCEANVIEW ESTATE/ CE ,%0 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The City of Huntington Beach operates Oceanview Mobilehome Park as Park Manager. Joseph Scheck is seeking to purchase the Mobilehome situated in Space 18. Rental Agreements must be signed by each tenant to protect City/Redevelopment and Tenant interests. Written Rental Agreements are required by California Civil Code Section 798.15. Funding Source: None Recommended Action: Authorize the Mayor and the City Clerk to execute the attached rental agreement upon acceptance and execution by the prospective purchaser Joseph Scheck. Alternative Action(s):. Do not accept agreement. 4�z.. t� REQUEST FOR 1OUNCIL/REDEVELOPMENT AGENCY ACtION MEETING DATE: November 4, 1996 DEPARTMENT ID NUMBER: AS96-015 Analysis: The property that the mobilehome park is located on is owned by the City of Huntington Beach and is managed by the Real Estate Services Division of Administrative Services. Joseph Scheck is currently in escrow to purchase the mobilehome situated in Oceanview Mobilehome Estates, Lot 18. The City, as Park Manager, has the right to approve the purchaser; however, the City may only reject if the purchaser lacks the financial ability to pay or demonstrated a potential to violate the rules and regulations of the Park based on past tenancies. Currently, the information to make this decision has been requested. If Mr. Scheck is an acceptable tenant, then the lease agreement will be offered for his signature. Environmental Status: N/A Attachment(s): Lease Agreement RCAOVEAG.DOC -2- 10/10/96 4:17 PM ATTACHMENT 1 7-6 • 10'�,�1 B/�65 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOSEPH SCHECK FOR OCCUPANCY OF SPACE IN OCEAN VIEW ESTATES MOBILEHOME PARK 1. PARTIES: This Occupancy Agreement is made and executed this day of , 19 by and between the City of Huntington Beach, a municipal corporation (herein called "LESSOR") and Joseph Scheck (hereinafter called "LESSEE") 2. DEMISED PREMISES: L, LESSOR hereby rents to LESSEE, and LESSEE hereby rents from LESSOR, that certain Lot known as Space No. 18 situated in Ocean View Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California. 3. TERI: 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) S 700.00 per month, commencing 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, 2000 Main, Huntington Beach, California 92648. Should LESSEE issue a check or other instrument to LESSOR which is not supported by sufficient funds or is valueless, then LESSOR may require 7/k/buyers/10/11/96 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 ariniversary 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 1.0th 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 $ 700.00, 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 LESSEE the full amount of the security deposit, less any amounts owing to Management by 7/k/buyers/ 10/ 1 1 /96 2 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.18. 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 mobilehome. 8. PERMISSIBLE 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. MANAGEMENT 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 deterioration and bring the improvements into good working order and condition after 7/k/buyers/10/ 1 1 /96 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 with 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 are 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. (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 7/k/buyers/10/1 1 /96 4 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. 14. 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 armoyance 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. 16. VEHICLE CONTROL: 7/k/buyers/ 10/ 1 1 /96 5 • L (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 tluuee 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. 20. SUBLETTING MOBILEHO-HIES: Subletting of mobilehomes is expressly prohibited hereunder without the written consent from Management. LESSEE will be 7/k/buyers/l 0/11 /96 6 granted -permission only 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 following 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 well 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 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 7/IJbuyers/10/1 1/96 7 to be, a-Nvaiver 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 CIVIL CODE REQUIREMENTS: California Civil Code Chapter 2.5 entitled Mobile Home Residency Laiv is attached hereto as Exhibit "B" pursuant to Califol•nia 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 time after LESSEE's receipt of notice of noncompliance from the appropriate governmental agency. 7/k/buye rs/ 10/ 1 1 / 96 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, begimling 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 three-day notice for any subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. 7/k&w) ers/10/1 1 /96 9 u • 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 REIVIOVAL OF MOBILEHOME: 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. MANAGEINIENT'S RIGHT OF ENTRY: Management shall not enter LESSEE's i-nobilehome 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 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. 7ildbuyers/10/1 1/96 10 Exceptin 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 RIGHT 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 «.hich 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 MOBILEHOTME DURING TERM OF LEASE: If LESSEE intends to sell his/her robilehome, LESSEE shall notify Management in writing of the 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 7/k/buyers/10/11/96 0 0 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 a financial report or credit rating and to submit to a personal interview with Management. Within 15 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 Homeowner 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 CiW1 Code Section 798.74. provided that such assiglunent of this agreement has been agreed to in writing by the Management. In the event of a valid assiglunent, assignee shall have the same rights and duties as LESSEE. 7/k/b uyers/ 10,-1 1 i 96 12 -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 own 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, cormnit, 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 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 7/k/buyers/10/11/96 13 0 • LESSEE in a proceeding brought against LESSEE by any govermnent 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 HEIRS 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 own attorneys' fees and costs. 7Wbuyers/10/1 1/96 14 - 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: Joseph Scheck i REVIEWED -AND APPROVED: City Administrator ACKNOWLEDGED Park Manager or Lessor 7&'buyers/10/1 1/96 LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: -City Attorney A �G. INITYKT96 Ai !APPROVED: Deputy City A ministrato /Dir ctor of Administrative Services 15 SAMPLE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR OCCUPANCY OF SPACE IN OCEAN VIEW ESTATES MOBILEHOME PARK TABLE OF CONTENTS Section Page 1. PARTIES 1 2. DEMISED PREMISES 1 3. TERM 1 4. RENT 1 5. SECURITY DEPOSIT 3 6. STORAGE LIEN 3 7. UNPAID RENT DUE 3 8. PERMISSIBLE USE OF LOT 3 9. MANAGEMENT OF PARK 4 10. COMMON AREA FACILITIES 4 11. LOT MAINTENANCE 4 12., LANDSCAPING 5 13. PATIO FURNITURE 5 14. PETS 6 15. PEACE AND QUIET 6 16. VEHICLE CONTROL 6 17. ACCESSORY EQUIPMENT 6 18. GARBAGE AND TRASH DISPOSAL 7 19. INSPECTION 7 20. SUBLETTING MOBILEHOMES 7 21. WRITTEN APPROVAL 7 22. COMPLAINTS 7 23. WAVIER OF LIABILITY 7 24. WAIVER OF DEFAULT 8 25. CALIFORNIA CIVIL CODE 8 26. UTILITIES AND OTHER CHARGES 8 27. POSSESSORY TAXES 8 28. TERMINATION BY LESSEE 8 29. GROUNDS FOR TERMINATION BY MANAGEMENT 9 30. NOTICE OF TERMINATION 10 31. SURRENDER AND REMOVAL OF MOBILEHOME 10 32. INDEMNIFICATION 10 33. MANAGEMENT'S RIGHT OF ENTRY 11 34. LESSOR'S RIGHT UPON BREACH 11 35. RECEIPT OF PARK RULES l 1 36. LESSEE'S SALE OF MOBILEHOME DURING 12 37. LESSEE'S NOTICE OF INTENT TO VACATE 12 38. ASSIGNABILITY 13 39. GOVERNING LAW 13 40. CAPTIONS 13 41. EXECUTION AND ACKNOWLEDGMENT 13 42. INSURANCE HAZARDS 13 43. WASTE OR NUISANCE 14 44. COMPLIANCE WITH LAW .14 45. BINDING ON HEIRS 14 46. PARTIAL INVALIDITY 14 47. ATTORNEY FEES 14 48. ENTIRETY 15 7/k/buyer/ 10/ 11 /96 • • �y,/;S Ix I/ >l1OBILEHOKE PARK RULES AND REGULATIONS CTTY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. "No loud tall:ins, radio, television, or other noises between 10.00 p.m. and 9.00 a.m. or disturbing noises at any time or an}, place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements-v.,ith the management. Streets must be kept clear. 4. Children are not permitted in the sen-ice rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 '-NTH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundny of any description may be hung outside except in designated areas provided for this purpose. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles or other merchandise. No "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 management. 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 overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. 1 EXHIBIT A 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved b), the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shaJ be committed which would constitute a violation or place the management in violation of any of these lays or ordinances. 14. If at any tune it is necessary to call the Police or any other enforcement agency, notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for- park residents, of an), group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 da}s after installation, and with at least one awning ,viihin 60 days thereof. 17. Mobilehomes and accessory structures must be well maintained, properly painted, clean and waxed at all times. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on park premises and shall be responsible for any charees incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle «,ashing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc. may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes %�'imin the park may not be transferred or sublet. 2 • 0 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 3 0 OCEAN VIEW ESTATES RULES AIND REGULATIONS FOR USE OF CLUBHOUSE SCHEDULING 1'. A calendar wi11 be posted in the Club House. To avoid Conflict, all events must be wry itten in on the calendar. 2. The Club House has been primarily provided for use of the residents. Because of parking 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 (545- non-refundable), and a clean-up/damage 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 functions will not be subject to the City Permit process. OTHER 1. Nlo 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 S 100 charge for balancing it. 3. The folloNving people currently have keys to the Club House: Mazie Kroesch *(Sp. 4 1) 4 Betty Stone (Sp. 42) Mary Hodge (Sp. 29) Evelyn Claude (Sp. 36) George Fader Sp. 43) Anyone ,Ni shine to have their own key may get one made. The kitchen is keyed separately, for security purposes If you need access to that area you will need to check out a kitchen key from one of the above people, -and return it when finished. 4. The Club House is not available to other thanxesidents on major holidays. 5 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: OCEANVIEW ESTATES INDIVIDUAL RENTAL AGREEMENT COUNCIL MEETING DATE: I November 4, 1996 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) . Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable CALIFORNIA CIVIL CODE DIVISION 2, PART 2 CHAPTER 2.5 MOBILEHOME RESIDENCY LAW AND CHAPTER 2.6 RECREATIONAL VEHICLE PARK OCCUPANCY LAW EXHIBIT B DIVISION 2, PART 2 MOBILEHOME RESIDENCY LAW CHAPTER 2.5 ARTICLE 1. GENERAL Section 798. Citation and application of chapter. 798.1. Application of definitions. 798.2. Management. 798.3. Mobilehome. 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. ARTICLE 3. RULES AND REGULATIONS 798.23. Park rules and regulations; park owners and employees..r. 798.24. Common area facilities; hours of operation. 798.25. Amendments; notification to' homeowners. 798.25.5 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. 798.29.5. Notice requirements for utility service interruption. 1/1/95 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 nonmi tial 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 CONTROL 798.45. New construction exemption. 798.49. Fees management may separately charge to homeowners. ARTICLE S: HOMEOWNER COMMUNICATIONS AND MEETINGS 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 HOMEOWNERS MEETINGS WITH MANAGEMENT 798.53. Management/homeowners meetings. ARTICLE 6. TERMINATION OF TENANCY 798.55. 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. 798.60. Application of other laws. 798.61. Abandoned mobilehomes; disposition. 1/1/95 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 parry; 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 parry. 798.80. Sale of parks 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. 798.285. Removal of vehicles. ARTICLE 9. SUBDIVISIONS, COOPERATIVES, AND CONDOMINIUMS 799. Definitions. 799.1. Advertising. 799.2. Listing or showing mobilehome by ownership or management; written authorization. 799.3. Sale to third parry; 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 . iii 1/1/95 CHAPTER 2.6 RECREATIONAL VEHICLE PARK OCCUPATIONAL LAW 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. Jr ARTICLE 2. GENERAL PROVISIONS 799.40. Rights of management, occupant, tenant or resident. 799.41. Restrictions. 41 799.42. 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. DEFAULTING TENANTS 799.65. Termination of tenancy for nonpayment. 799.66. Termination of tenancy for reasons other than nonpayment. 799.67. Eviction requirements. ARTICLE 5. DEFAULTING RESIDENTS 799.70. Reasons for termination or refusal of tenancy requiring written notice. 799.71. Eviction subject to Code of Civil Procedure. IV 1/1/95 ARTICLE 6. LIENS FOR RECREATIONAL VEHICLES AND ABANDONED POSSESSIONS 799.75. Lien due to default. ARTICLE 7. ACTIONS AND PROCEEDINGS 799.78. Attorney's fees and costs. 799.79. Civil action award. CHAPTER 2.S MOBILEHOME RESIDENCY LAW (Added by Ch. 1031, Stats. of 1978, Eff. 1/1179) . 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. 1/1/79) (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. 1/1/79) 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) 7983. Mobilehome (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 151, 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. (Added by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 502, Stats.. of 1980, eff. 1/1/81) (Amended by Ch. 419, Stats. of 1982, eff. 1/1/83) (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. 1/1/94) 798A. 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. 1/1179) 798.5. (Renumbered Section 798.6 and amended by Ch. 502, Stats. 1980, eff. 1/1/81) 798.6. Park '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. 1/1/79) (Renumbered Section 798.6, and amended by Ch. 502, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 858, Stats. of 1993, eff. 1/1/94) 798.7. New construction "New Construction" means any newly constructed spaces initially held out for rent after January 1, 1990. (Added by Ch. 412, Stats. of 1989, eff. 1/1/90) 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. 1/1/81) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 798.9. Homeowner "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 1982, eff. 1/1/83) 2 1/1/95 798.10. 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 1979, eff. 1/1/80) (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. 1/1/79) (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. 1/1/82) (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. 1/1179) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Renumbered Section 798.12 and amended by Ch. 502, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 798.14. Notices to homeowner, 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; writing 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. 3 1/1/95 (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 Ch. 1031, Stats. of 1978, eff. 1/1/79) (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. 1/1/82) (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. 126, Stats. of 1987, eff. 1/1/88) (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 include specific language contained in state or local laws not (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. 667, Stats. of 1981, eff. 1/1/82) permitted by law, but need not a part of this chapter. 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 mobtlehome 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 administration thereof. 5 l/l/95 (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. 1/1/81) (Repealed by Ch. 667, Stats. of 1981, eff. 1/1/82) (Added by Ch. 1084, Stats. of 1985, eff. 1/1/86) (Amended by Ch. 1416, Stats. of 1986, eff. 1/1/87) (Amended by Ch. 170, Stats. of 1991, eff. 1/1/92) (Amended by Ch. 289, Stats. of 1992, eff. 1/1/93) (Amended by Ch. 9, Stats. of 1993, eff. 4/29/93) 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. (c) 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. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 206, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 667, Stats. of 1981, eff. 1/1/82) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 289, Stats. of 1992, eff. 1/1/93) 798.19. Waiver 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. llli79) (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, Stats. of 1978, eff. 1/1/79) 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, 1982, 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. 1/1/83) (Amended by Ch. 666, Stats. of 1993, eff. 1/1/94) ARTICLE 3. RULES AND REGULATIONS 798.23. Park rules and regulations; park owners 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 owner 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 park 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. 1/1/94) (Amended by Ch. 340, Stats. of 1994, eff. 1/1/95) 7 l/l/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 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. 1/1/95) 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 less 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. 1/1/83) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) (Amended by Ch. 102, Stats. of 1993, eff. 1/1/94) 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 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 mobt7ehomes 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. 1/1/82) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 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. 1/1/82) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 190, Stats. of 1991, eff. 1/1/92) 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. 1/1/82) (Amended by Ch. 1391, Stats. of 1982, eff., 1/1/83) (Amended by Ch. 62, Stats. of 1991, eff. 1/1/92) 798.29. Ombudsman sign, required posting The management shall post on a sign provided by the Department of Housing and Community Development only the name, address, and phone number of the mobilehome ombudsman designated under Chapter 9 (commencing with Section 18150) of Part 2 of Division 9 1/1/95 13 of the Health and Safety Code, in a conspicuous public place within the mobilehome park. (Added by Ch. 333, Stats. of 1988, eff. 1/1/89) 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) 10 l/l/95 s 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. 1/1179) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 448, Stats. of 1993, eff. 1/1/94) 79831. 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 lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. (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. 1/1/85) 79832. 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. 1/1/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 338, Stats. of 1992, eff. 1/1/93) 79833. 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 11 1/l/95 shall not apply to guide dogs, signal dogs, or service dogs. (Added by Ch. 1031, Stats. of 1978, eff. 1/l/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 42, Stats. of 1989, eff. 1/1/90) 79834. 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. Such a guest 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. (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. 1/1/83) (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) 79835. 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" includes the homeowner, his or her spouse, their parents, and their children. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 845, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 79836. 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 12 1/l/95 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. 1/1/83) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 79837. 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 .focal 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 landscaping from any person, company, or corporation. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 845, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 79838. 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. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 714, Stats. of 1981, eff. 1/1/82) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 79839. 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-cons cutivJ on, period se ent to the collection of the security deposit by the management, r pgn r t m " . Il whichever occurs earlier, the management shall, upon the re Vof a it eques from e 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. 13 1/1/95 (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 dispursed 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) 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. 14 1/1/9s 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. 1/1/91) (Amended by Ch. 338, Stats. of 1992, eff. 1/1/93) 798A2. 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, Stats. of 1990, eff. 1/1/91) (Amended by Ch. 1254, Stats. of 1994, eff. 1/1/95) 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. 15 1/1/95 (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. 1/1/91) (Renumbered Section 798.43 by Ch. 1091, Stats. of 1991, eff. 1/l/92) (Amended by Ch. 147, Stats. of 1993,-eff. 1/1/94) ARTICLE 4.5. RENTCONTROL 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. (3) The amount of any fee, assessment or other charge upon the space first imposed or increased on or after January 1, 1993, 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: 16 1/1/95 (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 S. HOMEOWNER COMMUNICATIONS AND MEETINGS 79850. 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. 1/1/84) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) (Amended by Ch. 33, Stats. of 1987, eff. 1/1/88) (Repealed by Ch. 198, Stats. of 1989, eff. 1/1/90) (Added by Ch. 198, Stats. of 1989, eff. 1/1/90) 798.51. Management cannot deny or prohibit; peaceful assembly;public oMcials 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. 17 1i1iy5 .(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. 1/1/82) (Amended by Ch. 1397, Stats. of .1982, eff. 1/1/83) (Amended by Ch. 299, Stats. of 1984, eff. 1/1/85) (Amended by Ch. 1416, Stats. of 1986, eff. 1/1/87) (Repealed by Ch. 198, Stats. of 1989, eff. 1/1/90) (Added by Ch. 198, Stats. of 1989, eff. 1/1/90) 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. 1/1/90) ARTICLE 5.5 HOMEOWNERS MEETINGS WITH MANAGEMENT 798.53. Management/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. (d) Rental 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. 1/1/90) (Amended by Ch. 340, Stats. of 1994, eff. 1/1/95) ARTICLE 6. TERMINATION 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. 18 1/1/95 (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 1978, eff. VIM) (Amended by Ch. 493, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 1149, Stats. of 1980, eff. 1/1/81) (Amended by Ch. 1397, Stats. of 198Z 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. 1/1/93) (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: (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 19 1/l/95 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. (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 legal 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. 20 1/1/95 (2) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the. management shall give the homeowners six months' or more written notice of termination of tenancy. If the change of use 'requires no local governmental permits, then notice shall be given 12 months or more prior to the management's determination that a change of use will, occur. The management in the notice shall disclose and describe in detail the nature of the change of use. .(3) The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. . (5) A notice of a proposed change of use given prior to January 1, 1980, which conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at 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. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 945, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 1185, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 1149, Stats. of 1980, eff. 1/1/81) (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) (Amended by Ch. 171, Stats. of 1988, eff. 1/1/89) (Amended by Ch. 301, Stats. of 1988, eff. 1/1/89) (Amended by Ch. 1357, Stats. of 1990, eff. 1/1/91) 798.56a. Action required for legal owner, etc., of mobilehome once notice of termination of tenancy is given (a) Within 60 days following receipt, 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 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. 21 l/l/95 (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. (b) In the event that the legal owner or junior lienholder exercises any option described in paragraph (2) or (3) of subdivision (a), and has the right to sell the mobilehome within the park to a third party in accordance with this article, that person or entity shall have the right to keep the mobilehome on the site within the mobilehome park until it is resold as long as the person or entity performs all of the following acts: (1) (A) Satisfies, within the time period specified in subdivision (a); all of the homeowner's responsibilities and liabilities owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continue to satisfy them as they accrue from the date of the mailing of that notice until the date the mobilehome is resold. (B) Performance under this paragraph does not cure the default of the homeowner. (C) For purposes of this paragraph, the "homeowner's responsibilities and liabilities" means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations. (2) Within the time period specified in subdivision (a), 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 resold, whichever is earlier. (3) 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. (4) Reimburses 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, where a request is made pursuant to paragraph (3) of subdivision (a). The reimbursement shall be paid to the management 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. (c) In the event the legal owner or junior lienholder does not respond to the notice provided by management by notifying management in writing of its election pursuant to subdivision (a), or does not satisfy the requirements of subdivision (b), that person or entity shall have no rights to sell the mobilehome within the park to a third party. (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 limited 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 lien 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 18116.1 of the Health and Safety Code, and may 22 1 / 1 /95 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. (Added by Ch. 1357. Stats. of 1990, eff. 1/1/91) (Amended by Ch. 835, Stats. of 1992. eff/ 1/1/93) 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. 1/1/79) 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 1978, eff. 1/1/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 798.59. 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 1978, eff. 1/1/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) 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. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) 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: 23 1/1/95 (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. (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 filed 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 cif the Code of Civil Procedure. 24 1 / 1 /95 (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. 1/1/87) (Amended by Ch. 648, Stats. of 1986, eff. 1/1/87) (Amended by Ch. 301, Stats. of 1988, eff. 1/1/89) (Amended by Ch. 564, Stats. of 1991, eff. 1/1/92) ARTICLE 7. TRANSFER OF MOBILEHOME OR MOBILEHOME 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 25 1 / l/95 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. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. l/]/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 174, Stats. of 1986, eff. 1/1/87) (Amended by Ch. 745, Stats. of 1989, eff. 1/1/90) (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. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 1346, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84) (Amended by Ch. 498, Stats. of 1988, eff. 1/1/89) (Amended by Ch. 745, Stats. of 1989, eff. 1/1/90) 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. 26 1/1/95 (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. 1/1/83) (Amended by Ch. 498, � Stats. of 1988, eff. 1/1/89) (Amended by Ch. 745, Stats. of 1989, eff. 1/1/90) 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 term of the homeowner's rental agreement. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where: (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, 1855Z and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (d) It is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. The management 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. 1/1/79) (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. 1/1/92) (Amended by Ch. 729, Stats. of 1994, eff. 1/1/95) 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 27 1/1/95 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 theinformation 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. I& for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (Added by Ch. 541, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 1031, Stats. of 1978, eff. 1/1/79) (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. 1/1/88) (Amended by Ch. 522, Stats. of 1988, eff. 1/1/89) (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. 28 1 / l /95 • (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. I. (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. 1/1/79) (Amended by Ch. 667, Stats. of 1981, eff. 1/1/82) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) (Amended by Ch. 323, Stats. of 1987, eff. 1/1/88) (Amended by Ch. 119, Stats. of 1989, eff. 1/1/90) .(Amended by Ch. 645, Stats. of 1990, eff. 1/1/91) 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 Amendments Act of 1988 (P.L. 100-430) and implementing regulations. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 666, Stats. of 1992, eff. 1/1/93) (Amended by Ch. 1277, Stats. of 1993, eff. 1/1/94) 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. 1/1/79) (Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 798.78. Rights/responsibilities of heir or joint tenant of owner (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death shall have the right to sell the mobilehome 29 1 / 1 /95 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 tip until the date the mobilehome is resold. (b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner's responsibilities and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park. (c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be replaced, the replacement mobilehome shall also meet current standards of the park as contained in the park's most recent written requirements issued to prospective homeowners. (d) In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. (Added by Ch. 198, Stats. of 1979, eff. 1/1/80) (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 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. 1/1/80) (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. 1124, Stats. of 1983, eff. 7/1/84) (Amended by Ch. 1357, Stats. of 1990, eff. 1/1/91) (Amended by Ch. 190, Stats. of 1991, eff. 1/l/92) 30 1/1/95 798.80. 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 andaddress 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 Part 1 of Division 4 of the Business and Professions Code, to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner. (e) Subdivision (a) does not apply to any of the following: -(1) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. 'As used in this paragraph, "affiliate" means any shareholder. of 'the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure. (6) Any sale or transfer between or among joint tenants or tenants in common owning a 31 l/l/95 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, eff. 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. 1/1/89) (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 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. 1/1/95) ARTICLE 8. 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. 32 1/1/95 (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 theapplicable 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, Stats. of 1988, eff. 1/1/89) 798.85. Attorney's fees and costs In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney's fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. (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. 519, Stats. of 1983, eff. 1/1/84) 798.86. Willful violation by park owner, additional penalty In the event a homeowner or former homeowner of a park is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of those provisions by the management. (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) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 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 shalYbe 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. 33 l / l /95 (c) A civil actio%ursuant 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. 1/1/83) (Amended by Ch. 187, Stats. of 1983, eff. 1/1/84) (Amended by Ch. 1374, Stats. of 1990, eff. 1/1/91) 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 parry to an action under this section from appearing through legal counsel or in propria persona. (g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. (Added by Ch. 270, Stats. of 1991, eff. 1/1/92) 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. 1/1/94) 34 1/l/95 • • ARTICLE 9. SUBDMSIONS, COOPERATIVES, AND CONDOMINIUMS 7". Definitions As used in this article: (a) "Ownership or management" means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes. (b) "Resident" means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes. (Added by Ch. 1031, Stats. of 1978, eff..1/1/79) (Amended by Ch. 198, Stats. of 1979, eff. 1/1/80) 799.1. 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. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 198, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 799.2. Listing or showing mobilehome by ownership or management; writtenauthorization 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. 1/1/79) (Amended by Ch. 198, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 519, Stats. of 1983, .eff. 1/l/84) 7993. Sale to third party; prohibition against required removal. The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium in the event of its sale to a third party. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 1033, Stats. of 1978, eff. 1/l/79) (Amended by Ch. 198, Stats. of 1979, eff. 1/1/80) 35 1/1/95 • �- • 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 and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the subdivision, cooperative, or condominium unless the ownership or management reasonably determines that, based on the purchaser's prior residences, he or she will not comply with the rules and regulations of the subdivision, cooperative, or condominium. (Added by Ch. 1031, Stats. of 1978, eff. 1/1179) (Amended by Ch. 198, Stats. of 1979, eff. 1/1/80) (Amended by Ch. 519, Stats. of 1983, eff. 1/1/84) 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, or condominium 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 Amendments Act of 1988 (P.I— 100-430) and implementing regulations. (Added by Ch. 1031, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 1277, Stats. of 1993, eff. 1/1/94) 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. 1/1/79) (Renumbered Section 799.6 and amended by Ch. 1033, Stats. of 1978, eff. 1/1/79) (Amended by Ch. 519, Stats. of.1983, eff. 1/1/84) 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. or condominium, provided that 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 maintenance, repair, or replacement of utility facilities. (Added by Ch. 317,. Stats. of 1992, eff. 1/1/93) 36 1 / 1/95 U 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. 1/1/95) CHAPTER 2.6. RECREATIONAL VEHICLE PARK OCCUPANCY LAW (Repealed and Reenacted by Ch. 310, Stats. of 1992, eff. 1/1/93) (Reenacted in substantially revised form) ARTICLE 1. DEFINITIONS 799.20. Citation of chapter This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law. (Repealed by Ch. 31.0, 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. 1/1/93) (Added by Ch. 310, Stats. of 1992, eff. 1/1/93) 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/l/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. l/1/93) (Added by Ch. 310, Stats. of 1992, eff. 1/1/93) 37 1/1/95 • • 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. 1/1/93) (Added by Ch. 310, Stats. of 199Z eff. 1/1/93) 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, eff. 1/1/93) (Added by Ch. 310, Stats. of 1992, eff. 1/1/93) 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. 1/1/93) 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, eff. 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. 1/1/93) 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) 38 1/l/95 799.8. 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. 1/1/95) I