HomeMy WebLinkAboutTRANSFER OF OWNERSHIP - OCEAN VIEW ESTATES - FALKENSTEIN TO CSIKOS - 7051 ELLIS AVE. #40 - 1998-02-17 Saw,. JL,, .,.
-91-01 f
if)J -
Council/Agency Meeting Held: -zh-7he
Deferred/Continued to:
O-Approved ❑ Conditionally Approved ❑ Denied City Cler s Signature
Council Meeting Date: February 17, 1998 Department ID Number: ED 98-04
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COU NCI LIREDEVELOPMENT AGENCY ACTION
SUBMITTED TO: Honorable Chairman and Redevelopment Agency Members
SUBMITTED BY: Ray Silver, Acting City Administrator/Executive Director.'
PREPARED BY: David C. Biggs, Director of Economic DVN'
Robert J. Franz, Deputy City Administra
SUBJECT: AUTHORIZE SALE AND TRANSFER OP: OCEAN
VIEW ESTATES (7051 ELLIS AVENUE) MOBILE HOME UNIT#40
Statement of Issue,Funding Source,Recommended Action,Alternative Action{s},Analysis,Environmental Status,
Attachment(s) 74
Statemen"tIssue: The estate of Patricia Falkenstein has requested that the
Redevelopment Agency approve the sale of her mobile home to a third party for $15,000.00
cash. Originally, the Agency did not pursue its option purchase the home for the full "Agreed
Value" in 1996, thus allowing the estate to sell to a third party. If a third party sale is
completed, then the Agency must pay the difference between the sale price and the 1997
Agreed Value ($59,545.11 - $15,000.00 = $44,545.11) as outlined in the Driftwood
Acquisition and Relocation Agreement.
Funding Source: Budgeted 1997-98 Redevelopment Funds, Account No. E-TW-ED-801-6-
10-00.
f
Recommended Action(s): Motion to:
As the Redevelopment Agency:
1. Authorize the sale of Ocean View Estates Space #40 by the estate of Patricia Falkenstein
' to Mr. and Mrs. Eugene Ciskos for $15,000.00.
2. Authorize the Executive Director to execute documents necessary to deliver $44,54.11 ao
the purchase escrow as the Agency's gap payment. .
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{ : . 1
RAASP#40.DOC -- _� 02/03/98 1:44 PM
REQUEST FOR Cif COUNCILIREDEVELOPNIER AGENCY ACTION
MEETING DATE: February 17, 1998 DEPARTMENT ID NUMBER: ED 98-04
As the City:
1. Authorize the Mayor and City Clerk to execute the attached rental agreement upon
acceptance and execution by the prospective purchaser, Mr. and Mrs. Eugene Ciskos.
Alternative Action(sl:
1. Do not accept the lease agreement as it is currently written. Direct staff to change
specific terms, or renegotiate with the prospective tenant.
Analysis:
On August 5, 1988, the Agency entered into a Disposition and Development Agreement with
The Robert Mayer Corporation for the development of The Waterfront Project. As a part of
that agreement, the Agency entered into a Relocation Agreement with the residents of
Driftwood Mobile Home Park. Section Xl(B) of the Agreement outlines the resale rights of
the tenant and the Agency's rights and obligations:
1. Right of Resale and Price Guarantee: Any Tenant who relocates to Ocean
View Estates I or II, and after the second year following occupancy, is unable
to sell the mobile home for a price equal to the Agreed Value for a period of
no less than ninety (90) days, may then offer to sell to the Agency for the
Agreed Value. The Agency may elect, within thirty (30) days following written
notice of the offer to sell, to either:
(a) Acquire Tenant's mobile home at the Agreed Value and pay all costs
occasioned by the sale; or
(b) Permit Tenant to sell the mobile home on the open market and
immediately upon close of escrow, if the Tenant receives less than the
Agreed Value (before paying any liens), the Agency shall pay the
difference to Tenant, but if the Tenant receives more than the Agreed
Value, Tenant shall retain all sale proceeds;
(c) Failure by the Agency to provide Tenant with written notice of its election
within thirty (30) days of receipt of the offer to sell by the Agency shall be
deemed to be rejection of the offer and an agreement to proceed under
paragraph B.1.(b) of this Section."
home as required by the relocation agreement. The Agency did not exercise its purchase
option.
RAASP#40.DOC -2- 02/03/98 1:44 PM
REQUEST FOR CA COUNCILIREDEVELOPMEtfAGENCY ACTION
MEETING DATE: February 17, 1998 DEPARTMENT ID NUMBER: ED 98-04
Ms. Falkenstein's estate listed her mobile home for sale for the 1996 Agreed Value for a
ninety (90) day period beginning February 21, 1997. The home has been on the market
continuously since that time, and a cash offer for $15,000.00 has been submitted to Kerry
Falkenstein, Executrix. The Agency was notified of the end of the ninety day marketing
period as required by the Relocation Agreement and given the opportunity to purchase the
home as required by the relocation agreement. The Agency did not exercise its purchase
option.
Lease Agreement
If the Agency chooses to let the sale to a third party conclude, then a lease will be needed
for the new tenant. The attached lease (Attachment No. 2) will be between the City and the
third party because the City owns and manages the park (through the Real Estate Services
Division of Administrative Services). The City has the right to approve the purchaser and
may only reject a purchaser if they lack the financial ability to pay, or demonstrate the
potential to violate the rules and regulations of the park based on past tenancies elsewhere.
The information needed to make this decision was requested, Mr. and Mrs. Ciskos are
acceptable tenants, and the lease agreement was offered for their signatures and returned
for Council approval.
The terms of the proposed lease are as follows: $495 per month for the first 12 months;
$545 per month for the second 12 months; and $595 per month for the third 12 month term.
The rent will increase thereafter by 7% annually, or by the percentage increase in the CPI,
whichever is greater. If approved, this lease would be the third of its kind offered to a
prospective OVE resident that was not relocated from the Driftwood Mobile Home Park. The
proposed terms of the lease are a result of good faith negotiations between the parties.
Enmironmenta Status: NIA
AttachmenW:
City Clerk's
Page
1. Lease Agreement
2. Purchase Information ON In 0
3. Escrow Instructions ;yn F/c 4- l
GAB, Ext. 8831
RAASP#40.DOC -3- 02/04/98 12:00 PM
LimCITY OF HUNTINGTON BEACH
L10" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: lZm e//
TO: M/. /tom 6."t06 _ ATTENTION:
Name I
�q.3to/ I�an�l1 rl.Ps T �� DEPARTMENT:
Street _
REGARDING: tM
City,state,zip
Q�aN
VIEW 4-%3 r?i-r��5
See Attached Action Agenda Item Date of Approva6�]�
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks: 45yC406v"L5 _
�i�2X �l'tJc_CS fFN� /�G 71LJ4�T,�IrC3-- C'�•,c1��
Connie Brockway
City Clerk - t
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: �3���.5 EC . �t�• h�T _
Nam Department _ RCA Agreem Insurance Other
iPDWnr 'eF Aey
Name Department RCA Agre� Insurance Other
eA��yry c3ur4.e-A. tie. 66y•
Name Department RCA Agr:7,RK Insurance Other
;ieAA/Z _ D ✓.
Name Departme t RCA Agreement Insurance Other
Risk M nagcment Dept. Insurance
Received by Name -Company Name- Date
G:Fol lowuplcoverltr
(Telephone:714-536.6227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL DAPPROVED
CITY C L14NCIL/REDEVELOPMENT AGENCY APPROVED ITEM
DATE:
TO: P ATTENTION: P�Pixa
Name
16 -7r & DEPARTMENT: �,� _
Street
9-V K3 REGARDING:
City,state,Zip -JCBre¢� ntO.q0_ 'oqc w ✓C¢.J a�w.�e.o
See Attached Action Agenda Item i!�--7 Date of Approval � -zhlzgk
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Attachments: Action Agenda Page r✓ Agreement .— Bonds Insurance
RCA Deed Other
Remarks: `70�" A—e� dV
f�
CC: v
'.lame Department RCA Agreement Insurance Other
dA epY
Name Department RCA RCA Agreement Insurance Other
Name f Department/ RCA Agreement Insurance Other
(4-64rt Ir-j�t w+ ceB+L. A der . ✓ t�
Risk Management Department Insurance Copy
G:Fo11 owuplagrnttskransltr
I Telephone:7 74836.52271
T1
(9) 02/17/98 - CounciiTRgency Agenda - Page 9
E-6. (City Council) Approve Funds To Friends Of Harbors. Beaches & Parks In Orange
Counly Inc. To Support Planning Of Proposed Orange Coast River Park - (320.45)
Approve an amendment to the current year budget by appropriating $5,000 for financial
assistance to Friends of Harbors, Beaches and Parks In Orange County, Inc. in planning
the proposed Orange Coast River Park along the Santa Ana River extending up the coast
along Pacific Coast Highway to Beach Boulevard. Submitted by the Community Services
irector and the Community Development Director
E-7. (City_Council Redevelopment Agency) Authorize Sale And Transfer Of Ownership -
Ocean View_ Estates -7051 Ellis Avenue - Mobilehome Unit No. 40 And Approve
Agreement Between The City And Csikos For Occupancy Of Space In Ocean View
Estates Mobilehome Park - Redevelopment Agency Action: (600.10) 1. Approve and
authorize the sale of Ocean View Estates Space No. 40 by the estate of Patricia
Falkenstein to Mr. and Mrs. Eugene Csikos for $15,000; and 2. Authorize the Executive
Director to execute documents necessary to deliver$44,545.11 to the purchase escrow
as the Agency's gap payment; and CIjy Council Action: Approve and authorize the
Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach
and Paul and Eugenia Csikos for Occupancy of Space in Ocean View Estates
Mobilehome Park upon acceptance and execution by the prospective purchaser, Mr. and
Mrs. Eugene Csikos. Submitted by the Economic Development Director and the Deputy
City Administrator-Administrative Services Director
[Approved 7-0]
E-8. (City Council) Approve Final Tract Map No. 14690 Of Tentative Tract Map
No. 14690 With Bonds And Agreements - Cannes Pointe -Three Corners Partners.
6I_C -Triangular Area Bounded By Main/Huntington/Garfield - (420.60) 1. Approve
Final Tract Map No. 14590 and accept the offer of dedication, improvements, and bonds
(Developers Insurance Company) pursuant to findings and requirements as set forth on
Attachment No. 1 to the Request for Council Action dated February 17, 1998; and
2. Approve the Subdivision Agreement between the City and Three Corners Partners,
LLC, and authorize execution by the Mayor and City Clerk. Submitted by the
Community_Development_Director
[Approved 7-0]
E-9. (Cily Council Approve Professional Services Contract For Interim City Traffic
Engineer - Charles Abbott Associates. Inc. - (600.10) Approve and authorize the
Mayor and City Clerk to execute the Professional Services Contract Between the City of
Huntington Beach and Charles Abbott Associates, Inc. for the Interim City Traffic
Engineer Services. Submitted.by the Public Works Director
[Approved 7-0]
(9)
Fidelity rational A Company
10971 Ga-den Grove Boulevard,Su-ta D• Garden Gave,CA 92843 -
(714:539-'-'01 • FAX(714)533.12:3
DEALER SALE OF A USED M0131LEHOME
ESCROW INSTRUCTIONS
Date: January 16, 1098
Escrow No.: 501 173-OG
Escrow Officer: Deena Gomez
Dealer: J & R Mcbi;e HOMES
Suyer:sit Eugema Cs;Kcs
T-e 2-;ye! s shov n herein are pur.hasing a mcble orne described below fronn the Dealer herein on
the terms, co.d::'o.s and irstr:,ct:ons I•e,einafter stated and wil' hand you (Escrow Holder; or will
causs to have handed to you the consideration as follows:
Buyers; have dep•osi.ed s+ith escrow, receipt of%,vh:ch is hereby acknowledged,
an initial deposit in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5013.00
Fricr to the c:ose of escrow, Buyer will hand you the balance of down payment
ip!us closing costs, if applicable} the sum of . . . . . . . . . . . . . . . . . . . . . . . . . S 15,291.00
TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 15,791.00
Suyer;sl will hand you ary additional funds and/or documents required to enable you to comply
with these instructions, which you are authorized to use and/or deliver provided on or before
February 16, 1998 when you can hold and/or comply %lith the following:
I. CERTIFICATE OF TITLE AND REGISTRATION CERTIFICATES) COVERING THE FOLLOWING
DESCRIBED MOBILFHOM.E.
Date of Manufacture: April 27, 1289 Date First Sold: April 28, 1989
Manufacturer: Skyline Trade Name: Palm Springs
Model Name: Model No.:
Size: 24xE6 (not verified by Decal No.: LAW3283
escrow)
Serial No.(s): 23720446AY/BY
DOH,'Insigr a No.(s): CAL360081/82
The Parties State Situs Address to be: 7051 Ellis Ave., #40, Huntington Beach, CA 92648
Space n: 40
2. APP_ICAT:CN FOR P.EGISTRAT!uX AND CERTIF!-,^,ATE OF TITLE TO By DESIGNATED AS
FOLLOWS:
REGISTERED OWNERSHIP to be the mobilehome and other related property is to be as
follows:
Vesting: Eugenia Csikos
Current Address: 19361 Brookhurst, a16
City, State and Zip: Huntington Beach, CA 92646
Future Address: 7051 Ellis Ave., #40
City, State and Zip: Huntington Beach, CA 92648
3. CURRENT REGISTERED OWNER- Falkenstein, Patricia S.
ADDRESS: 7051 £!lis Ave., 940, Huntington Beach, CA 92648
CURRENT LEGAL OWNER: Bank of America
ADDRESS: 3151 E. Imperial Hwy, Brea, CA 52821
a
Confinued on following page In dale: G
0 Fidelity National Title Company
Office of the City Clerk DATE: February 25, 1998
City of Huntington Beach ESCROW NO: 501 173-DG
2000 Main Street PROPERTY ADDRESS:
Huntington Beach, CA 92648 7051 Ellis Ave., #40, Huntington Beach, CA
92648
In connection with the above mentioned property, enclosed please find the following:
Signed Rental Package on customer: Csikos
We appreciate the opportunity of being of service to you. If we can be of further assistance, please
feel free to call upon us.
cerely,
Deena Gomez
Escrow Officer
DG
enclosure(s)
10971 Garden Grove Boulevard, Suite D 9 Garden Grove, CA 92843• (714, 539-1101 • FAX (714) 539-1213
(9) 02/17/98 - Councill1gency Agenda - Page 9
E=6-. (City Council) Approve Funds To Friends Of Harbors. Beaches & Parks In Orange
County Inc. To Support Planning Of Proposed Orange Coast River Park - (320.45)
Approve an amendment to the current year budget by appropriating $5,000 for financial
assistance to Friends of Harbors, Beaches and Parks In Orange County, Inc. in planning
the proposed Orange Coast River Park along the Santa Ana River extending up the coast
along Pacific Coast Highway to Beach Boulevard. Submitted by the Community, Services
Director and the Community Development Director
:.. , Y.r. .,:...::..:
}: C:r.,,.O.s.: �'ri:?,ti .r:K:�:�.h ':}*l'_ ; - - - -- - - � 0:.'
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IE-7. (City Council Redevelopment Agency) Authorize Sale And Transfer Of Ownership -
Ocean View Estates -7051 Ellis Avenue - Mobilehome Unit No. 40 And Approve
Agreement Between The City And Csikos For Occupancy Of Space in Ocean View
Estates Mobilehome Park - Redevelopment Agency Action: (600.10) 1. Approve and
authorize the sale of Ocean View Estates Space No. 40 by the estate of Patricia
Falkenstein to Mr. and Mrs. Eugene Csikos for$15,000; and 2. Authorize the Executive
Director to execute documents necessary to deliver$44,545.11 to the purchase escrow
as the Agency's gap payment; and City, Council Action: Approve and authorize the
Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach
and Paul and Eugenia Csikos for Occupancy of Space in Ocean View Estates
Mobilehome Park upon acceptance and execution by the prospective purchaser, Mr. and
Mrs. Eugene Csikos. Submitted by the Economic Development Director and the Deputy
City Administrator-Administrative_Services Director
[Approved 7-0]
E-8. (City Councill APRrove Final Tract Map No. 14590 Of Tentative Tract Ma
No. 14690 With Bonds And A reements -Cannes Pointe -Three Corners Partners
LLC -Triangular Area Bounded By MainlHuntinatonlGarfield - (420.60) 1. Approve
Final Tract Map No. 14590 and accept the offer of dedication, improvements, and bonds
(Developers Insurance Company) pursuant to findings and requirements as set forth on
Attachment No. 1 to the Request for Council Action dated February 17, 1998; and
2. Approve the Subdivision Agreement between the City and Three Corners Partners,
LLC, and authorize execution by the Mayor and City Clerk. Submitted by the
Community D velo ment Director
[Approved 7-0]
E-9. (City Council) Approve Professional Services Contract For Interim City Traffic
En sneer -Charles Abbott Associates Inc. - (600.10) Approve and authorize the
Mayor and City Clerk to execute the Professional Services Contract Between the City of
Huntington Beach and Charles Abbott Associates, Inc. for the Interim City Traffic
Engineer Services. Submitted by the Public Works Director
[Approved 7-0]
(9)
LEASE AGREEMENT
.... ATTACHMENT # 1
• •
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
PAUL AND EUGENIA CSIKOS FOR OCCUPANCY OF SPACE
IN OCEAN VIEW ESTATES MOBILEHOME PARK
1. PARTIES: This Occupancy Agreement is made and executed this
/77.E day of ` , 19_UL by and between the City of
Huntington Beach, a municipal corporation (herein called "LESSOR") and Paul and Eugenia
Csikos (hereinafter called"LESSEE").
2. DEMISED PREMISES: LESSOR hereby rents to LESSEE, and LESSEE
hereby rents from LESSOR, that certain Lot known as Space No. 40 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: This lease is for a term of twelve (12) months commencing on
4. RENT: LESSEE agrees to pay LESSOR rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $495 per month for the first term of 12 months commencing
$545 per month for the second term of 12 months and $595 for the third
term of 12 months, and thereafter a minimum increase of 7% per year, or that percentage increase
for the previous year as set forth by the Pacific Cities and U.S. City Average All Urban
Consumers Price Index or whichever such indicator is commonly in use at the time, whichever is
greater, said percentage increase to be calculated on the previous year's base rental amount. Said
percentage rental increase shall be calculated on the previous year's base rental amount and shall
be effective July l 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,
jmp/k/csikos/1129/98
I
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
that payment be made in cash, in which case the LESSEE will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to LESSEE. Failure to.pay new rental amount when due shall
constitute a default of this agreement, and subject LESSEE to termination of this tenancy.
(C) If the rent is not paid by the loth day of any calendar month, a late charge
of$20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. Additionally, a handling charge will be required for all checks returned by the bank due
to insufficient funds in the LESSEE'S account or for any other reason. The above amounts shall
increase yearly, based upon the yearly percentage rent increase set forth hereinabove. This
provision shall not be construed as a waiver by Management of its right to enforce any provision
hereof after any default on the part of a LESSEE. Furthermore, the acceptance of payments shall
not constitute a waiver of any breach of any rule, regulation or any covenant of the Rental
Agreement, nor shall it reinstate, continue or extend the term of the party's Rental Agreement or
affect any notice, demand or suit hereunder.
5. SECURITY DEPOSIT: At the time LESSEE executes this Lease and prior
to beginning occupancy in the Park, LESSEE shall deposit with LESSOR, the sum of$ 5 00-00
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
jn*Vcs kosIV29/98
2
LESSEE the full amount of the security deposit, less any amounts owing to Management by
LESSEE for rent, utilities, or other charges due under this Lease but unpaid by LESSEE at the
time LESSEE vacates the Park.
6. STORAGE LIEN: LESSEE hereby agrees that the mobilehome will not be
removed until all rent and other charges have been paid and that for unpaid rental and charges,
LESSOR has a lien on the mobilehome placed on Space No. 40. 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.
S. 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
jmpWcsikm11/Z9/98
3
deterioration and bring the improvements into good working order and condition after
Management knows or should have known of the breakdown or deterioration. For purposes of
the above, a reasonable period of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a health or safety condition, and
shall not exceed 30 days in any other case except when exigent circumstances justify a delay.
11. LOT MAINTENANCE: LESSEE shall at all times maintain LESSEE's
mobilehome and the homesite in a clean and sanitary condition, and shall cause all rubbish and
other debris to be removed from LESSEE's mobilehome and the homesite on a regular basis.
Landscaping on the homesite shall be watered and maintained by LESSEE, at LESSEE's expense.
In addition, LESSEE shall comply 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.
jmpWcsikW1/29199
4
•
(B) All landscaping improvements shall at once become a part of the realty and
belong to LESSOR and shall remain upon and be surrendered with the Lot, provided that at
LESSOR's option, LESSEE, at his expense when surrendering the Lot, shall remove all such
landscaping planted by LESSEE, and LESSEE shall repair any damage to the premises caused by
such removal.
13. PATIO FURNITURE: LESSOR expressly prohibits the use of any furniture
on the patio, porch or yard unless it is outdoor patio furniture approved by LESSOR's Park
Manager. No overstuffed furniture, ironing boards, brooms, mops, or other household
equipment, are allowed to be stored outside the mobilehome.
114. PETS:
(A) Pets, only under 25 pounds in weight, are permitted to be kept in the Park
only upon written permission by LESSOR.
(B) If permitted, the type of pets and conditions are set forth in separate Pet
Agreement which, if applicable, is attached and by reference made a part of this Agreement.
LESSOR reserves the right to deny the keeping or acquisition of a pet in the Park.
(C) Guests are prohibited from bringing pets into the Park.
15. PEACE AND QUIET:
(A) LESSEE are entitled to the peaceful enjoyment of their Lot and all park
facilities. Radios, televisions, record players, electronic sound systems, musical instruments or
any other noise that may cause annoyance to LESSEE must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
jmp/k/csikoz/1/29/98
5
16. VEHICLE CONTROL:
(A) For the safety of the Park LESSEE and their guests, LESSOR has
established and posted a speed limit in the Park, and all LESSEE must cooperate in its
enforcement.
(B) LESSEE may park passenger vehicles only on the Lot driveway or other
designated areas. Neither LESSEE nor their visitors may park any vehicle on another LESSEE's
lot or vacant lot without the express permission of that LESSEE or LESSOR's Park Manager,
whichever is applicable. Visitors may park in the designated guest parking areas, or in their host's
driveway if space is available.
Trailers, boats and recreational vehicles not used for daily transportation
must be parked only in the designated storage areas. All motorized vehicles must meet State law
requirements in order to be operated in the Park. No inoperable, unusable or unsightly vehicles
will be allowed anywhere within the boundaries of the park, including in the storage areas.
(C) The operation of motorcycles, motor scooters, minibikes and other two
and three wheel motorized vehicles must be approved in writing by LESSOR.
17. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of LESSOR
must be obtained before construction or installation of any mobilehome accessory. Building
permits are required for certain accessories before installation. A list of the agencies requiring a
permit can be obtained from LESSOR's Park Manager.
18. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
19. INSPECTION: LESSEE states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
jmp&1csikW1i29/98
6
20. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. LESSEE will be
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
jmp/k/aikm/1/29/98
7
of the LESSEE. The acceptance of rent hereunder shall not be, or become construed to be, a
waiver of any breach of any term, covenant or condition of the party's Rental Agreement or the
Park's Rules and Regulations, nor shall it reinstate, continue or extend the term of the party's
Rental Agreement or affect any notice, demand or suit thereunder.
25. CALIFORNIA CIVIL CODE REQUIREMENTS: California Civil Code
Chapter 2.5 entitled Mobile Home Residency Law is attached hereto as Exhibit"B" pursuant to
California Civil Code Section 798.15.
26. UTILITIES AND OTHER CHARGES: LESSOR does not provide any utility
service. LESSEE shall pay for gas, electricity, water and such other utilities as may be provided.
LESSEE shall secure and pay a fee for a storage permit from LESSOR for any recreational
vehicles, e.g., boats, trailers, motorhomes, etc.
27. POSSESSORY TAXES: Possessory Taxes are not included as part of this
rental agreement and LESSEE shall pay such tax directly to the County of Orange, as assessed.
28. TERMINATION BY LESSEE: LESSEE may terminate this tenancy by
giving.the other party sixty (60) days written notice thereof and rental shall be paid through that
date, or if there be previously paid but unused rent, the same shall be refunded when the premises
are vacated. It is understood by the parties that the LESSOR can only terminate this Rental
Agreement pursuant to the rights granted it by law, the provisions of paragraph 4, and the
Driftwood Acquisition and Relocation Agreement.
29. GROUNDS FOR TERMINATION BY MANAGEMENT: LESSEE's
tenancy in the Park may be terminated by Management for any of the following reasons:
A. Failure of LESSEE or other resident of LESSEE's mobilehome to comply
with a local ordinance or a state law or regulation relating to mobilehomes within a reasonable
time after LESSEE's receipt of notice of noncompliance from the appropriate governmental
agency.
jmpWcsikm11129/98
8
• i
B. Conduct of LESSEE or other resident of LESSEE's mobilehome that
constitutes a substantial annoyance to other homeowners or residents.
C. Conviction of LESSEE's or other resident of LESSEE's mobilehome for
prostitution or a felony controlled substance offense if the act resulting in the conviction was
committed within LESSEE's mobilehome or anywhere else on the premises of the Park; provided,
however, that LESSEE's tenancy will not be terminated if the person convicted of the offense was
a resident (other than LESSEE) of LESSEE's mobilehome, and permanently vacates and does not
subsequently reoccupy LESSEE's mobilehome.
D. Failure of LESSEE to comply with the Park rules and regulations, as they
may be amended from time to time. Any act or omission of LESSEE or resident of LESSEE's
mobilehome shall not constitute a failure to comply with Park rules and regulations until
Management has first given LESSEE written notice of the alleged rule or regulation violation and
LESSEE or resident has failed to adhere to the rule or regulation within seven days.
Notwithstanding the above, if LESSEE has been given written notice of an alleged violation of
the same rule or regulation on three or more occasions within a 12-month period after the first
alleged violation, Management need not give a written notice for a subsequent violation of the
same rule or regulation.
E. Nonpayment of rent, utility charges, or reasonable incidental service
charges, if(i) the amount due has been unpaid for a period of at least five days from its due date
(excluding the date the payment is due), and (ii)the amount remains unpaid for an additional
period of three days, beginning on the date Management gives LESSEE a written three-day notice
to pay the amount-due or to vacate the tenancy. In the event LESSEE does not pay the amount
due prior to the expiration of the foregoing three-day notice period, LESSEE shall be liable for all
payments due up until the time the tenancy is vacated. The legal owner, registered owner(if
different than LESSEE), or any junior lienholder of LESSEE's mobilehome shall have any right
granted by then prevailing law to cure a monetary default by LESSEE under this lease. If a
LESSEE has been given a three-day notice to pay or vacate on three or more occasions within the
preceding 12-month period, Management shall not be required to give LESSEE a three-day
notice for any subsequent nonpayment of rent, utility charges, or reasonable incidental service
charges.
j mp/k/csikos/1/29/98
9
30. NOTICE OF TERMINATION: Management may terminate LESSEE's
tenancy in the Park only by giving LESSEE written notice of the termination at least sixty(60)
days (or any other period required under then applicable law) prior to the date LESSEE is
required to vacate the Park. Any notice of termination shall state the specific facts and reasons or
reasons for termination, and shall be served on LESSEE as required by the law then in effect.
31. SURRENDER AND REMOVAL OF 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. MANAGEMENT'S RIGHT OF ENTRY: Management shall not enter
LESSEE's mobilehome without LESSEE's prior written consent, except in the case of an
emergency or if LESSEE has abandoned LESSEE's mobilehome. Management may enter on the
homesite for any of the following purposes: 'to perform any act necessary to protect the Park; to
maintain any utilities located on the homesite; or to perform any maintenance LESSEE is required
under this Lease or the Park rules and regulations to perform but has failed to perform. Except in
jmpWcaikoe1/29/98
10
s •
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 which LESSEE proves could be reasonably avoided, for the remainder of the
term of this Rental Agreement. The remedies of LESSOR specified herein are in addition to and
cumulative of any remedies provided LESSOR by statute, including the remedies provided in the
California Civil Code.
35. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE
LAW: LESSEE hereby acknowledges receipt of the Mobilehome Park Rules and
Regulations, attached hereto as Exhibit "A," adopted for the benefit and protection of all tenants,
guests and visitors, California Civil Code provisions and LESSEE hereby agrees to abide by and
conform with all laws of the State of California and each and all of the present rules and
regulations, and all future rules and regulations hereafter adopted by LESSOR and implemented
in compliance with State law. LESSEE also agrees that any breach by himself/herself, family,
guests or visitors of the rules and regulations, or State law, shall be deemed a failure to perform
an express term of this Rental Agreement for said breach as a default pursuant to the laws of the
State of California then in effect.
36. LESSEE'S SALE OF MOBILEHOME DURING TERM OF LEASE: If
LESSEE intends to sell his/her mobilehome, 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
company handling the sale, and the date escrow is scheduled to close. If the proposed purchaser
jnipWcaikw/1/29/98
11
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 Civil Code Section
798.74. provided that such assignment of this agreement has been agreed to in writing by the
Management. In the event of a valid assignment, assignee shall have the same rights and duties as
LESSEE.
jmp/k/csikos/l/29/98
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, commit, or
permit the maintenance or commission of any nuisance as defined in Section 3479 of the
California Civil Code on said Premises; and LESSEE shall not use or permit the use of said
Premises for any unlawful purpose.
44. COMPLIANCE WITH LAW. LESSEE shall at LESSEE'S own cost and
expense comply with all statutes, ordinances, regulations, and requirements of all governmental
entities, both federal and state and county or municipal, relating to LES SEE'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
jntp/k/osikm/1/29/9 S
13
LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
LESSOR and LESSEE and shall be ground for termination of this lease by LESSOR.
45. BINDING ON 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 INVALIDErY. 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.
REST OF PAGE NOT USED
impWaikoVI.129M
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: LESSOR:
(` ! CITY OF HUNTINGTON BEACH, A
�r
municipal corporation of the State of
r
Paul Csikos California
Eugenia Csikos Mayor
ATTEST:
REVIEWED AND APPROVED:
City Clerk
City. dministrator APPROVED TO FORM: -
ity Attorney
-211
PRO D:
D y City K m1 istrator i ctor of
Administrative ervices
jmplk/csikos/1129M
15
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
WILLIAM CONWAY 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 l
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 11
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 i
48. ENTIRETY 15
jmp:k/csikod l n9/98
PURCHASE INFORMATION
ATTACHME NT #2�
MOBILEHONM PARK RULES A\D REGULATIONS
CITY OF HLN'MGTON BEACH
"r0-51 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.
?. No loud talking, radio, television, or other noises between 10:00 p.m. and 9.00
a.m. or disturbing noises at any time or any place.
3. Automobiles shall be parked in designated places and parking of more than two
ve}'ic}es; (cars, travel trailers, campers, etc.) requires special arrangements with
the manaQe:ne.m. Streets must be kept clear.
4. Children are not per;niried in the serlice rooms or recreation area unless
accompanied by an adult.
Management is not responsible for any loss due to fire, accident or theft.
6. Speed lir-at is 10 ?MPH on the pr e-,•;ses.
7. N°o towels, bathing suits, rugs, wea;ing apparel or laundry of a ny description.
may be hunt outside except in de_ignated areas provided for tl,.is purpose.
S. The rental o a mobilehome lot does not include the privilege of using the
space for commercial purposes or for negotiation or sale of automobiles or
other m chardise. No "FOR S a_LE" signs shall be posted.
9. Use of any spray paint guns or equipment within tie park must first be approved
in writing by the m,anagement.
10. Pets are not allo,,ved 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 overstufed furniture, ironing boards, brooms, mops, major
appliances, etc., allov,--ed outside mobilehorne uriless in an approved storage
cabinet.
EXHIBIT A
I
12. All mobilehome cabanas, porches, s>;iring, ramadas, avT�nes, storage cabinets,
fences, windbreaks, or other structures must be approved by the management
before construction or installation.
13. All public la�,}s or ordinances shall be obeyed and no acts shall] be committed
which,would constitute a-6olation or place the management in Niolation of any
of these laws or ordinances. ~
14. 1f at any tLme it is necessary to cal} Lhe 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 any group thereof. must be first approved by management.
lb. ?vMobilehornes must be equipped uv;th skirting v ithin 45 days meter installation, and
Aith at least one av,--rung xvithin 60 days thereof.
17. Mobilehomes and accessory structu.es must be well maintained, properly
painted, clear, and .waxed at all times.
18. Residents entertaining visitors or guests at the park shall be responsible for
their conduct u-hile on park prer;lises and shall be responsible for any
charges incurred by the visitors or guests.
19. Ail visitors or guests who remain Tnor e than three days, or w-ho use community
facilities at wry time, must be registered U.iih the park management. No ovemn ht
parking of recreation vehicles is aflowed.
20. A vehicle :yasl in¢ 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 pro\7ded by
management.
23. Nlobilehc' mes %vhi in the park may n.ct be transferred or sublet.
2
24. Management may require the removal of any mobilehome that is unoccupied for
more than 120 consecutive days without good reason and wrinen approval of the
management.
OCEAN VIEW ESTATES
RULES AND REGULATION'S FOR USE OF CLUBHOUSE
SCHEDULING
1'. A calendar %%-.11 be posted in the Club House. To avoid Conflict, all
events must be x ritten in on the calendar.
2. The Club House has been primarily pro«ded for use of the residents.
Because of parking and liability factors; anyone u►ishino, to resenle it
for then o%Nm special occasions must go through the City and be
prepared to pay for insurance coverage (S4.5- 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 Iwictions 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 5100 charge for balancing it.
3. The following people currently have keys to the Club House:
Maxie Kroesch`(Sp. 41)
4
CALIFORNIMAULTIPLE LISTING
A W4nuf4cWNmuindDeakr Oryaniution
OFFER TO PURCHASE AND ACCEPTANCE
n�rrn P California,
tocelvemin PURMASER,herein the sum of
v evidenced by
❑cash 9zlolw
chock 0 mMWcerfiried cheek❑or and/or tits following described property
deposit on 0u5�tit purchase of the following describod manufactured homo fore toud purchase price of;
Ilug(S
Wdldoual Terms of O er: rt✓ �v _
75)
MODEL WJDTli LEIMMa A
;ERLkL# LICENSE a D0H#
_nested to(Name o Park) a u7 Space s
kticimss City/Stara ------Zip Coda2�C
tog(stration expires Or,if on Property'rax Rolls.so designato N
Pogo er with the following a=SBoticS,appii acs and equip .nt, er n(chock if included)., f
dew Covering(which rooma?) 'ar Ong(which row17)_Q/1
]Refrigomw(makalmodal) angc(msko/mods nshwaSher(make/modol)
]Garbage Digposal(makohmodol) washer(maka/mod Dryer(m /model)
Iothrrappliances,accessories fit equiprnen
L PURCHASER UNMERSTANDS AND AGREES THAT TOTAL PURCHASE PRICU DOA NOT INCLUDE SALES TAX, BSCROW FEES AND
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FEES.IF APPLICABLE,AAM ANY OTHER STATE.COUNTY OR LOCAL FEES.
L PURCHASER to take possusletn no later th prior to which full purchase.price shall be paid.
L Tillo is to bo froo of all lions,cncumbranees,reaordcts,filed,regi►tcred or known to SELLER.
L Evidence of title shall be in the form of duly endorsed,dated,and delivered Certifleate(s)of Ownership as well as bill of sale. If SELLER falls to deliver title
.s herein providod,PURCHASER may torminaia this Agreement and request ranua of all moneys and/or property deposited.
L USELLBRdoo not accaptoffer,entiredepositwill be refunded.If SELLER dote accept offerpriur to withdrawal of same by PURCHASER,and PURCHASER
'ai4 to complain tits purchsss,PURCHASER understands that SELLER shall,at SELLER'S option bo released from completing the sale Mein and may prowet?
igslntt PURCHASER for all damages or loss suffered,
L PURCHASER aeknowte m that present or future movement of the manufactured home is subject to die regulations of one or more governmental agencies.
L PURCHASER acknowledges that SELLER is not assigning or sublaiting the space themanufacturadhnmeoomip:ts in Its present location.PURCHASER realizes
hat PURCHASER will he required to leme said space directly frnm the mobile homy park.
(,PURCHASER agrees to taka such action a id sign such dcKtinlentt.upon acuptancc of this offer by SELLER,including but not limited io exacution of a Purchatc
uWor Sala Order(and where the transaction is to be finanmd,a Credit Application and Conditional Sales Contract or Security Agreanent).Receipt for Dcposil
aid escrow Instructions,as are necessary to complete the transacdoes.
In site event of destruction or substantial damage to the manufacturrd home prior to the data on which PURCHASER is to take possession.not resulting from
no actions or ncgUi;cnrc of PURCHASER.PURCHAMM shall be entitled in it return of all sums paid and this Agroerettatt shall be null and void.
A PURCHASER'S signature horoon corutieutes an offer to SELLER to purchssc the manufactured home deseribod above together with any aaessoilo listed ate
heekad above. Unless acceptance is signed by SELLER,this offer shall be deemed rooked and the deposit shall be returned to PURCHASER.
.-This Agreement shall be binding upon and shill inure to the benefit of the parties,their agents,or omp:oyea,heirs.assigrts and successors in inkrcet.
'I This Agreement may be emandod only by written agreement subscqucnt hereto.Any such later agreement and/or written escrow instructions shall not modif)
a supereade the Items of this Agreement unless specifically Contrary to the terms of this Agreertmat or unless said Agreement specifically states that all prior
groements are tuperceded. ,
.1 In thoeverit It becomes neeeseary to sue to enforce or sue for breach of any of the terms of this Agreement die prevailing party(Las)shall be entitled to reasonable
,tlontay'a fees and court theta In addition to any other damages said parry may suffer.
.L This Agreement has been entered into at the place designated below and shall be intcrprotod in accordance with the laws of the Stan;of California.
j,In the event any portion of this Agreement is deemed to be uncnforcable by a court of competent jurisdiction,the remaining portions of die Agreemcmt thell
evertheless,remain in full force end effect.
&Time is specifically declared to be of site essence in this Agreement.
,L I(We)acknowledge l(We)have road testis Agreement mid understand the terms thacof and do further acknowledge receipt of a copy of same.
.&The undersigned PURCHASER(s)Offer(s)to Ptrchaso the above described manufactured home and any listed and checked aecoasorlet an rho tome anc
anditions stated and aaknowledgeg receipt of a copy horcol.
.L This offer expires a O� P-M M. 3 1929—unless accepted by.M.1_ER prier to said time.
:xer 8146 LA ' ,Califo
t tads testy utomp) vu,ehgPUmph—Ne.) r'T
tetneuMaw (BY) rJc.wn 7Ad&m) of G
eACC6PCA'v'CR� .
'he urtdarsigtted SF.LI.LR accepts"foregoing offer and a tees to sell the mrtnufacturei homo and all accessories listed and chocked above on the terms and
-ondldorts Ih oln sat forth. SELLER has employed p11 CF Aa ml?$ sing Dealer,and for said services agrees to pay DEALER
`tesumofTW()_ tinr,utANA Frsuif 41u«d¢d+rj A o¢�nn dollars(S 2,Sag• _Ipayablo(1)upon closeofamanufactiucl
oma escrow ar(2)payment by PURCHASER to SELLER or ARAL R or(3)if an action is instituted by SELLER against PURCHASER to complete this
lgteamsat E collxu damagtt tithat by way of settlement or after Judgment'whichever dam is oarIiu. >f settee be instituted to artforee side
+ e a rte001vo able annrsiey Peet.
;13L LI O DEALER
lID1.ER BY ..
CALIFORNIA CIVIL CODE
DIVISION 2, PART 2
CHAPTER 2.5
MOBIL.EHOME RESIDENCY LAIN
AND
CHAPTER 2.6
RECREATIONAL VEHICLE PARK
OCCUPANCY LAW
THE DEPARTMENT HAS NEITHER THE AUTHORITY OR
RESPONSIBILITY FOR ENFORCEMENT OF
THESE CIVIL CODE PROVISIONS.
EXrrsrr
DIVISION 2, PART 2
MOBILEHOME RESIDENCY LAW
INDEX
CHAPTER 2.5
ARTICLE 1. GENERAL
Ser.tiQn
798. Citation and application of chapter.
798.1. Application of deftnitions.
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 AGREEh1EENT
798.15. Required contents; writing.
798.16. Inclusion of other provisions.
798.17. Long term agreements, exemption from rent regulation.
798.18. Period of written agreement, comparable monthly charges for one year as for
month-to-month tenancy.
798.19. Waiver of rights;public policy.
798.20. Discrimination.
798.22. Recreational vehicles; designated areas.
798.21. Rent Control.
ARTICLE 3. RULES AND REGULATIONS
798.23. Park rules and regulations; park owners and employees.
798.24. Common area facilities; hours of operation.
798.25. Amendments; notification to homeowners.
799.25. Rules and regulations unilaterally adopted by park management.
798.26. Right to entry by management.
798.27. Zoning or use permits, leases, notification to homeowners.
798.28, Name of mobilehome park owner; disclosure.
798.29_ Ombudsman signs, required posting.
i I 197
798.29.5. Notice requirements for utility service interruption.
ARTICLE 4. FEE AND CHARGES
SCction
798.30. Notice of rent increase.
798.31:- Authorized fees.
798.32. Written notice for unauthorized fees.
798.33. Pets.
( 798.34. Guests.
798.35. Immediate family.
798.36. Rule enforcement, maintenance of premises.
798.37. Entry, installation or hookup fees; landscaping and maintenance charges.
798.38. Utility meter service; billing; rate schedule.
798.39. Security deposit; refund; refund of noninitial occupancy security deposit.
798.40. Security liens; mutual agreement; separate statements.
798.41. Separate utility service fees.
798.42. Costs incurred for violation of Mobilehome Residency Law.
798.43 Disclosure of homeowner'utility services used by park management.
ARTICLE 4.5 RENT CONTROL
798.45. New construction exemption.
798.49. Fees management may separately charge to homeowners.
ARTICLE 5. 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 5. 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.
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798.60. Application of other laws.
798.61. Abandoned mobilehomes; disposition.
ARTICLE 7. TRANSFER OF MOBILEHOME OR MOBILEHOME PARK
a�114fl
798.70. ; _ Advertising.
798.71. Listing or showing mobilehome by park owner or manager; written authorization.
798.72. Transfer or selling fee; request for service.
798.73. Removal upon sale to third party; conditions.
798.74. Prior approval of purchaser; grounds for withholding; informing homeowner,
financial report/refund.
798.75. Sale or transfer of mobilehome to remain in park, required document; purchaser.
798,76. Compliance with adults only rule.
798.77. Waiver of rights; public policy.
798.78. Rights/responsibilities of heir or joint tenant of owner.
799.79. Foreclosure of mobilehome; sale to third party.
798.80. Sale of park; listing; notice to residents.
798.81. Management cannot prohibit listing; cannot require management to act as agent as
condition of buyer approval.
798.82. Disclosure by management of school facilities fee.
ARTICLES. ACTIONS, PROCEEDINGS AND PENALTIES
798.94. 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. Application and Scope.
799.1.5. Advertising.
799.2. Listing or showing mobilehome by ownership or management; written
authorization.
i 799.3. Sale to third party; prohibition against required removal.
799.4. Prior approval of purchaser; grounds for withholding.
799.5. Purchaser, compliance with adults only rule.
799.6. Waiver of rights; public policy. .
799.7. Notice requirements for utility service interruption.
799.8 Disclosure by management of school facilities fee
111 1197
C1 APTER 2.6 RECREATIONAL VEHICLE PARK
OCCUPATIONAL LAW
ARTICLE 1. DEFINITIONS
Sectio
tl
799.20:., Citation of chapter.
799.21. Application of definitions.
799.22. Defaulting occupant.
799.23. Defaulting resident.
799.24. Defaulting tenant.
799.25. Guest.
799.26. Management.
799.27. Occupancy.
799.28. Occupant.
799.29. Recreational vehicle.
799.30. Recreational vehicle park.
799.31. Resident.
799.32. Tenant.
ARTICLE 2. GENERAL PROVISIONS
799.40. Rights of management, occupant, tenant or resident.
799.41. Restrictions.
799.42. Rights protected.
799.43. Registration agreement.
799.44. Copy of park rules and regulations.
799.45. Rental agreement.
799.46. Sign requirement for recreational vehicle removal.
ARTICLE 3. DEFAULTING OCCUPANTS
799.55. Removal of recreational vehicle due to default; 72-hour written notice; cure for
default.
799.56. Service of 72-hour written notice; requirements.
799.57. Park management; authority to remove recreational vehicle.
799.58. Removal of defaulting occupant and vehicle by police or sheriff.
799.59. Care in removing recreational vehicle.
ARTICLE 4. DEFAULTING TENANTS
799.65. Termination of tenancy for nonpayment.
799.66. Termination of tenancy for reasons other than nonpayment.
799.67. Eviction requirements.
iv 1197
ARTICLE 5. DEFAULTING RESIDENTS
Section
799.70. Reasons for termination or refusal of tenancy requiring written notice.
799.71. Eviction subject to Code of Civil Procedure.
ARTICLE 6. LIENS FOR RECREATIONAL VEHICLES AND ABANDONED
POSSESSIONS
799.75. Lien due to default.
ARTICLE 7. ACTIONS AND PROCEEDINGS
799.78. Attorney's fees and costs.
799.79. Civil action award.
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CHAPTER 2.5 MOBILEHOME RESIDENCY LAW
(Added by Ch. 1031, Stats. of 1978, Eff. 1/1/79)
ARTICLE 1. GENERAL
798. Citation and application of chapter
This chapter shall be known and may be cited as the "Mobilehome Residency Law."
(Added by Ch. 1035, Stats. of 1978, eft. I/1i79)
(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/I/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. I/l/79)
798.3. 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 18009 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 bomes, truck campers, and camping trailers, which are used for human
habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:
(1) The trailer.or other recreational vehicle occupies a mobilehome site in the park, on
November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or
other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.
(2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine
or more continuous months commencing on or after November 15, 1992.
"Mobilehome" does not include a trailer or other recreational vehicle located in a recreational
vehicle park subject to Chapter 2.6 (commencing with Section 799.20), except as otherwise provided
in subdivision (b) of Section 799.45_
1 1/97
(Added by Ch. 1033, Stats. of 1978, eff. l/l/79)
(Amended by Ch. 502, Stats. of 1980, eff. 1/1/81)
(Amended by Ch. 419, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 1124, Stats, of 1983, eff. 7/l/84)
(Amended by Ch. 958, Stats. of 1992, eff. 9/28/92)
(Amended by Ch. 666, Stats. of 1993, eff. 1/1/94)
798.4. Mobilehome park
"Mobilehome park" is an area of land where two or more mobilehome sites are rented, or held
out for rent, to accommodate mobilehomes used for human habitation.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
798.5. (Renumbered Section 798.6 and amended by Ch. 502, Stats. 1980, eff. 1/1/81)
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/I/81)
(Amended by Ch. 858, Stats. of 1993, eff. 1/l/94)
798.7. New construction
"New Consfruction" means any newly constructed spaces initially held out for rent after
January 1, 1990.
(Added by Ch. 412, Stats. of 1989, eff. 111/90)
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. 111/83)
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/l/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1183)
2 1/97
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. 111/79)
(Renumbered Section 749.10 and amended by Ch. 502, Stats. of 1980, eff. 111/81)
(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. 1/1/79)
(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/l/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. 111199)
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 1/97
(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 th. 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/l/81)
(Amended by Ch. 667, Stats. of 1981, eff. 1/1i82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 519, Stats. of 1983, eff. 111/84)
(Amended by Ch. 126, Stats. of 1987, eff. 1/1/88)
(Amended by Ch. 666, Stats. of 1993, eff. 1/l/94)
798.16. Inclusion of other provisions
The rental agreement may include such other provisions permitted by law, but need not include
specific language contained in state or local laws not a part of this chapter.
(Added by Ch. 1031, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 667, Stats. of 1981, eff. 1/l/82)
4 1/97
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 Iocal governmental entity which
establishes a maximum amount that a landlord may charge a tenant for rent. The terms
of a rental agreement meeting the criteria of subdivision(b) shall prevail over conflicting provisions
of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome
parks- only during "the term of the rental agreement or one or more uninterrupted, continuous
extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of
12 months' duration is entered into, then the last rental rate charged for the space under the previous
rental agreement shaII be the base rent for purposes of applicable provisions of law concerning rent
regulation, if any.
(2) In the first sentence of the first paragraph of a rental agreement entered into.on or after
January 1, 1993, pursuant to this section, there shall be set forth a provision in at-least .12-point
boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed,
giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule,
regulation, or initiative measure adopted by any local governmental entity which establishes a
maximum amount that a landlord may charge a tenant for rent.
(b) Rental agreements subject to this section shall meet all of the following criteria.
(1) The rental agreement shall be in excess of 12 months' duration.
(2) The rental agreement shall be entered into between the management and a homeowner for
the personal and actual residence of the homeowner.
(3) The homeowner shall have at least 30 days from the date the rental agreement is first
offered to the homeowner to accept or reject the rental agreement.
(4) The homeowner who executes a rental agreement offered pursuant to this section may void
the rental agreement by notifying management in writing within 72 hours of the homeowner's
execution of the rental agreement.
(c) If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered
rental-agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead
accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date
the offered rental agreement was to have begun. in the event the homeowner elects to have a rental
agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental
agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the
offered rental agreement to extend or renew the rental agreement.
(d) Nothing in subdivision (c) shall be construed to prohibit the management from offering
gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement
pursuant to this section.
(e) With respect to any space in a mobilehome park that is exempt under subdivision (a) from
any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding
any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any
fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any
ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of
5 1/97
administration thereof.
(f) At the time the rental agreement is first offered to the homeowner, the management shall
provide written notice to the homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing
within 72 hours of the acceptance of a rental agreement. The failure of the management to provide
the written notice shalt 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.
(h) This section does not apply to or supersede other provisions of this part or other state
law.
(Added by Ch. 879, Stats. of 1980, eff. I/1/81)
(Repealed by Ch. 667, Stats. of 1981, eff. 1/1/82)
(Added by Ch. 1084, Stats. of 1985, eff. 111186)
(Amended by Ch. 1416, Stats. of 1986, eff. 1/1187)
(Amended by Ch. 170, Stats. of 1991, eff. 1/l/92)
(Amended by Ch. 289, Stats. of 1992, eff. 1/l/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. 111/8I)
(Amended by Ch. 667, Stats. of 1981, eff. 111182)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 289, Stats. of 1992, eff. 1/1/93)
6 1/97
s •
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. 1/1179)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
798.20. Discrimination
Membership in any private club or organization which is a condition for tenancy.in a park
shall not be denied on the basis of race, color, religion, sex, national origin, ancestry,'or marital.
status.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
798.21. Rent Control
(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not
the principal residence of the homeowner and the homeowner has not rented the mobilehome to
another parry, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted
by any city, county, or city and county, which establishes a maximum amount that the landlord may
charge a tenant for rent.
(b) Nothing in this section is intended to require any homeowner to disclose information
concerning his or her personal finances. Nothing in this section shall be construed to authorize
management to gait access to any records which would otherwise be confidential or privileged.
(c) for purposes of this section, a mobilehome shall be deemed to be the principal residence
of the homeowner, unless a review of state or county records demonstrates that the homeowner is
receiving a homeowner's exemption for another property or mobilehome in this state.
(d) Before modifying the rent or other terms of tenancy as a result of a review of state or
county records, as described in subdivision (c), the management shall notify the homeowner, in
writing, of the proposed changes and provide the homeowner with a copy of the documents upon
which management relied.
(e) The homeowner shall have 90 days from the date the notice described in subdivision (d)
is mailed to review and respond to the notice. Management shall not modify the rent or other terms
of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to
information provided by the homeowner. Management shall not modify the rent or other terms of
tenancy if the homeowner provides documentation reasonably establishing that the information
t provided by management is incorrect or that the homeowner is not the same person identified in the
documents. However, nothing in this subdivision shall be construed to authorize the homeowner to
change the homeowner's exemption status of the other property or mobilehome owned by the
homeowner.
(f) This section shall not apply under any of the following conditions:
(1) The homeowner is unable to rent or lease the mobilehome because the owner or
7 1/97
management of the mobilehome park in which the mobilehome is located does not permit, or the
rental agreement limits or prohibits, the assignment of the mobilehome or the subletting of the park
space.
(2) The mobilehome is being actively held available for sale by the homeowner, or pursuant
to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with
Section 10130)or Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer,
as defined in Section 18002.6 of the Health and Safety Code.
(3) The legal owner has taken possession or ownership, or both, of the mobilehome from a
registered owner through either a surrender of ownership interest by the registered owner or a
foreclosure proceeding.
j (Added by Ch. 392, Stats. of 1996, eff. 1/l/97)
i -
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 mobiiehomes. 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/l/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, 111/95)
798.24. Common area facilities; hours of operation
Each common area facility shall be open or available to residents at all reasonable hours and
8 1197
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. 111195)
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 Iocation 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) shaIl
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. 1/1184)
(Amended by Ch. 102, Stats. of 1993, eff. 1/1/94)
798.25.5. Rules and regulations unilaterally adopted 5y 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/l/94)
798.26. Right to entry by management
(a) Except as provided in subdivision (b), and notwithstanding any other provision of law to
the contrary, the ownership or management of a park, subdivision, cooperative, or condominium for
mobilehomes shall have no right of entry to a mobilehome without the prior written consent of the
resident. Such.consent may be revoked in writing by the resident at any time. The ownership or
management shall have a right of entry upon the land upon which a mobilehome is situated for
maintenance of utilities, for maintenance of the premises in accordance.with the rules and regulations
of the park when the homeowner or resident fails to so maintain the premises, and protection of the
9 1/97
mobilehome park, subdivision, cooperative, or condominium at any reasonable time, but not in a
manner or at a time which would interfere with the resident's quiet enjoyment.
(b) The ownership or management of a park, subdivision, cooperative, or condominium for
mobilehomes may enter a mobilehome without the prior written consent of the resident in case of an
emergency or when the resident has abandoned the mobilehome.
(Formerly Section 798.16, added by Ch. 396, Stats. of 1978, eff. 1/1/79)
(Renumbered Section 798.26 and amended.by Ch. 1033, Stats. of'1978, eff. 1/1/79)
(Amended by Ch. 667, Stats. of 1981, eff. I/l/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1184)
798.27. Zoning or use permits, leases, notification to homeowners
(a) The management shall give written notice to all homeowners and prospective homeowners
concerning the following matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a
renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The
duration of any lease of the mobilehome park, or any portion thereof, in which the management is
a lessee.
(b) If a change occurs concerning the zoning or use permit under which the park operates or
a lease in which the management is a lessee, all homeowners shall be given written notice within 30
days of that change. Notification regarding the change of use of the park, or any portion thereof,
shall be governed by subdivision (g) of Section 798.56. A prospective homeowner shall be notified
prior to the inception of the tenancy.
(Added by Ch. 864, Stats. of 1980, eff. 1/l/81)
(Amended by Ch. 667, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 190, Stats. of 1991, eff. 111/92)
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. I/l/82)
(Amended by Ch. 1397, 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 shalt post a mobilehome ombudsman sign provided by the Department of
Housing and. Community Development, as required by Section 18253.5 of the Health and Safety
Code.
(Added by Ch. 333, Stats. of 1988, eff. 1/1189)
(Amended by Ch. 402, Stats. of 1996, eff. 1/1/97)
10 1/97
798.29.5. Notice requirements for utility service interruption
The management shall provide, by posting notice on the mobilehomes of all affected
homeowners and residents, at least 72 hours' written advance notice of an interruption.in utility
service of more than two hours for the maintenance, repair, or replacement of facilities of utility
systems over which the management has control within the park, provided that the interruption is not
due to an emergency. The management shall be liable only for actual damages sustained by a
homeowner or resident for violation of this section.
"Emergency," for purposes of this section, means the interruption of utility service resulting
from an accident or act of nature, or cessation of service caused by other than the management's
regular or planned maintenance, repair, or replacement of utility facilities.
(Added by Ch. 317, Stats. of 1992, eff. 1/l/93)
}1 1/97
ARTICLE 4. FEES AND CHARGES
798.30. Notice of rent increase
The management shall give a homeowner written notice of any increase in his or her rent at
least 90 days before the date of the increase.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 448, Stats. of 1993, eff. 1/1/94)
798.31. Authorized fees
A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable
charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease
on a mobilehome 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)
798.32. Written notice for unauthorized fees
(a) A homeowner shall not be charged a fee for services actually rendered which are not listed
in the rental agreement unless he or she has been given written notice thereof by the management, at
least 60 days before imposition of the charge.
(b) Those fees and charges specified in subdivision (a) shall be separately stated on any
monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated on the initial notice and each
subsequent billing to the homeowner while the fee or charge is billed to the homeowner.
(Added by Ch. 1031, Stats. of 1978, eff. l/l/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1193)
(Amended by Ch. 338, Stats. of 1992, eff. 1/1/93)
798.33. Pets
(a) A homeowner shall not be charged a fee for keeping a pet in the park unless the
management actually provides special facilities or services for pets. If special pet facilities are
maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of
the facilities.or services and the number of pets kept in the park.
(b) If the management of a mobilehome park implements a rule or regulation prohibiting
residents from keeping pets in the park, the new rule or regulation shall not apply to prohibit the
residents from continuing to keep the pets currently in the park if the pet otherwise conforms with the
previous park rules or regulations relating to pets. However, if the pet dies or no longer lives with
the resident, the resident does not have the right to replace the pet.
(c) Any rule or regulation prohibiting residents from keeping pets in the mobilehome park
12 1/97
shall not apply to guide dogs, signal dogs, or service dogs.
(Added by Ch. 1031, Stats. of 1978, eff. l/l/79)
(Amended by Ch. 1033, Stats. of 1918, eff. 1/l/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 42, Stats. of 1989, eff. 1/l/90)
798.34. Guests
,(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her
( for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who
is a guest, as described in this subdivision, shall not be required to register with the management.
(b) A homeowner who is living alone and who wishes to share his or her mobilehome with
one person may do so, and a fee shall not be imposed by management for that person. The person
shall be considered a guest of the homeowner and any agreement between the homeowner and the
person shall not change the terms and conditions of the rental agreement between management and
the homeowner. The guest shall comply with the provisions of the rules and regulations of the
mobilehome park.
(c) A senior homeowner may share his or her mobilehome with any person over 18 years of
age if that person is providing live-in health care or live-in supportive care to the homeowner pursuant
to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by
management for that person. That person shall have no rights of tenancy in the park, and any
agreement between the homeowner and the person shall not change the terms and conditions of the
rental agreement between management and the homeowner. That person shall comply with the rules
and regulations of the mobilehome park. As used in this subdivision, "senior homeowner" means a
homeowner who is,55 years of age or older.
f (d) A senior homeowner who resides in a mobilehome park that has implemented rules or
j regulations limiting residency based on age requirements for housing for older persons, pursuant to
Section 798.76, may share his or her mobilehome with any person over 18 years of age if this person
is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care,
live-in supportive care, or supervision pursuant to a written treatment plan prepared by a physician
and surgeon. Management may not charge a fee fdr this person. Any agreement between the senior
homeowner and this person shall not change the terms and conditions of the rental agreement between
j management and the senior homeowner. Unless otherwise agreed upon, park management shall not
be required to manage, supervise, or provide for this person's care during his or her stay in the
j mobilehome park. This person shall have no rights of tenancy in the park, but shall comply with the
rules and regulations of the mobilehome park. A violation of the mobilehome park rules and
regulations by this person shall be deemed a violation of the rules and regulations by the homeowner
pursuant to subdivision (d) of Section 798.56. As used in this subdivision, "senior homeowner"
means a homeowner who is 55 years of age or older.
(Added by Ch. 1031, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 240, Stats. of 1981, eff. 1/l/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 111/83)
(Amended by Ch. 128, Stats. of 1983, eff. 1/l/84)
(Amended by Ch. 881, Stats. of 1990, eff. 1/1/91)
(Amended by Ch. 337, Stats. of 1992, eff. 1/1193)
j (Amended by Ch. 157. Stats. of 1996, eff. 1/1/97)
13 1:`97
798.35. Immediate family
A homeowner shall not be charged a fee based on the number of members in his or her
immediate family. As used in this section, the "immediate family" shall be limited to the homeowner,
his or her spouse, their parents, their children, and their grandchildren under 18 years of age.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 845, Stats. of 1980, eff. 1/1/81)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1183)
(Amended by Ch. 24, Stats. of 1995, eff. 111/96)
798.36. Rule enforcement, maintenance of premises
A homeowner shall not be charged a fee for the enforcement of any of the rules and
regulations of the park, except a reasonable fee may be charged by management for the maintenance
of the land and premises upon which the mobilehome is situated in the event the homeowner fails to
do so in accordance with the rules and regulations of the park after written notification to the
homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state
the specific condition to be corrected and an estimate of the charges to be imposed by management
if the services are performed by management or its agent.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 111183)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
798.37. Entry, installation or hookup fees; landscaping and maintenance charges
A homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as
a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance
or requirement directly related to the occupancy of the specific site upon-which the mobilehome is
located and not incurred as a portion of the development of the mobilehome park as a whole.
However, reasonable landscaping and maintenance requirements may be included in the park rules
and regulations. The management shall not require a homeowner or prospective homeowner to
purchase, rent, or lease goods or services for landscaping from any person, company, or corporation.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 845, Scats. 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)
798.38. Utility meter service; billing; rate schedule
Where the management provides both master meter and submeter service of utilities to a
homeowner, far 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, Scats. of 1978, eff. 1/l/79)
(Amended by Ch. 714, Stats. of 1981, eff. 1/l/82)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
14 1/97
798.39. Security deposit; refund; refund of noninitial occupancy security deposit
(a) The management may only demand a security deposit on or before initial occupancy and
the security deposit may not be in an amount or value in excess of an amount equal to two months'
rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In
no event shall additional security deposits be demanded of a homeowner following the initial
occupancy. '
(b).-As to all security deposits collected on or after January 1, 1989, after the homeowner has
promptly paid to the management within five days of the date the amount is due, all of the rent,
utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the
collection of the security deposit by the management, or upon resale of the mobilehome, whichever
occurs earlier, the management shall, upon the receipt of a written request from the homeowner,
refund to the homeowner the amount of the security deposit within 30 days following the end of the
12-consecutive-month period of the prompt payment or the date of the resale of the mobilehome.
(c) As to all security deposits collected prior to January 1, 1989, in the event that the
mobilehome park is sold or transferred to any other party or entity, the selling park owner shall
deposit in escrow an amount equal to all security deposits that the park owner holds. The seller's
escrow instructions shall direct that, upon close of escrow, the security deposits therein that were held
by the selling park owner (including the period in escrow) for 12 months or more, shall be dispersed ry
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. 111189)
(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. 111/97)
15 1/97
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-equaI to the average amount charged to the park
management for that utility service for that space during the 12 months immediately preceding notice
of the commencement of the separate billing for that.utility service.
Utility services to which this section applies are natural gas or liquid propane gas, electricity,
water, cable television, garbage or refuse service, and sewer service.
(b) This section does not apply to rental agreements entered into prior to January 1, 1991,
until extended or renewed on or after that date.
(c) Nothing in this section shall require rental agreements to provide for separate billing to
homeowners of fees and charges specified in subdivision (a).
(d) Those fees and charges specified in subdivision (a) shall be separately stated on any
monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated on the initial notice and each
subsequent billing to the homeowner while the fee or charge is billed to the homeowner.
(Added by Ch. 1013, Stats. of 1990, eff. 1/1/91)
(Amended by Ch. 338, Stats. of 1992, eff. I/l/93)
798.42. Costs incurred for violation of Mobilehome Residency Law
(a) The management shall not charge or impose upon a homeowner any fee or increase in rent
which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee
assessed or awarded by a court'of law against the management for a violation of this chapter,
including any attorney's fees and costs incurred by the management in connection therewith.
(b) A court sha11 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. 1/1195)
16 1197
798.43. Disclosure of homeowner utility services used by park management
(a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment
of gas, water, or electric utility service, management shall disclose to the homeowner any condition
by which a gas, water, or electric meter on the homeowner's site measures gas, water, or electric
service for common area facilities or equipment, including lighting, provided that management has
knowledge of the condition.
Management shall disclose this information prior to the inception of the tenancy or upon
discovery=and.shall complete either of the following:
(1) Enter into a mutual written agreement with the homeowner for compensation by
management for the cost of the portion of the service measured by the homeowner's meter for the
common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991.
(2) Discontinue using the meter on the homeowner's site for the utility service to the common
area facilities and equipment.
(b) On and after January 1, 1994, if the electric meter on the homeowner's site measures
electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting
provides lighting for the homeowner's site, management shall be required to comply with subdivision
(a).
(Added by Ch. 380, Stats. of I990, eff. 1/1/91)
(Renumbered Section 798.43 by Ch. 1091, Stats. of 1991, eff. 1/1/92)
(.Amended by Ch. 147, Stats. of 1993, eff. 1/1/94)
ARTICLE 4.5. RENT CONTROL
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. I/l/90)
798.49. Fees management may separately charge to homeowners
(a) Except as provided in subdivision (d), the local agency of any city, including a charter
city, county, or city and county, which administers an ordinance, rule, regulation, or initiative
measure that establishes a maximum amount that management may charge a tenant for rent shall
permit the management to separately charge a homeowner for any of the following:
(1) The amount of any fee, assessment or other charge first imposed by a city, including a
charter city, a county, a city and county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
(2) The amount of any increase on or after January 1, 1995, in an existing fee, assessment
or other charge imposed by any governmental entity upon the space rented by the homeowner.
17 1197
(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:
(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/i/93)
(Amended by Ch. 340, Stats. of 1994, eff. 1/1/95)
ARTICLE 5. HOMEOWNER COMMUNICATIONS AND MEETINGS
798.50. Legislative intent
It is the intent of the Legislature in enacting this article to ensure that homeowners and
residents of mobilehome parks have the right to peacefully assemble and freely communicate with one
another and with others with respect to mobilehome living or for social or educational purposes.
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 503, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 519, Stats. of 1983, eff. 1/I/84)
(Amended by Ch. 33, Stats. of 1987, eff. 1/1/88)
(Repealed by Ch. 198, Stats. of 1989, eff. 111190)
(Added by Ch. 198, Stats. of 1989, eff. I/I/90)
18 1,197
798.51. 1%lanagement cannot deny or prohibit; peaceful assembly; public officials or
candidates; canvassing and petitions
No provision contained in any mobilehome park rental agreement, rule, or regulation shall
deny or prohibit the right of any homeowner or resident in the park to do any of the following:
(a) Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner,
for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse
when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome
within`1he park.
(b) Invite public officials, candidates for public office, or representatives of mobilehome
owner organizations to meet with homeowners and residents and speak upon matters of public
interest, in accordance with Section 798.50.
(c) Canvass and petition homeowners and residents for noncommercial purposes relating to
mobilehome living, election to public office, or the initiative, referendum, or recall processes, at
reasonable hours and in a reasonable manner, including the distribution or circulation of information.
(Added by Ch. 667, Stats. of 1981, eff. 1/1182)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 299, Stats. of 1984, eff. 1/1/85)
(Amended by Ch. 1416, Stats. of 1986, eff. If1187)
(Repealed by Ch. 198, Stats. of 1989, eff. 1/1/90)
(Added by Ch. 198, Stats. of 1989, eff. 111190)
798.52. Court action to enjoin enforcement
Any homeowner or resident who is prevented by management from exercising the rights
provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any
rule, regulation, or other policy which unreasonably deprives a homeowner or resident of those rights.
(Added by Ch. 198, Stats. of 1989, eff. 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.
19 1/97
(d) RentaI agreements offered pursuant to Section 798.17.
Any collective meeting shall be conducted only after notice thereof has been given to all the
requesting homeowners 10 days or more before the meeting.
(Added by Ch. 198, Stats. of 1989, eff. 1/l/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.
(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. 1/1179)
(Amended by Ch. 493, Stats. of 1979, eff. 111180)
(Amended by Ch. 1149, Stats. of 1980, eff. 1/I/81)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 1124, Stats. of 1983, eff. 7/1/84)
(Amended by Ch. 835, Stats. of 1992, eff. 1/1/93)
(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:
20 1197
(a) Failure of the homeowner or resident to comply with a local ordinance or state law or
regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice
of noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park•premises, which constitutes a
substantial annoyance to other homeowners or residents.
(c) Conviction of the homeowner or resident for prostitution or a felony controlled substance
offense if the act resulting in the conviction was committed anywhere on the premises of the
mobilehome park, including, but not limited to, within the homeowner's mobilehome.
However the tenancy may not be terminated for the reason specified in this subdivision if the
person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of
the park which is part of the rental agreement, or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a
reasonable rule or regulation unless and until the management has given the homeowner written notice
of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the
rule or regulation within seven days. However, if a homeowner has been given a written notice of
an alleged violation of the same rule or regulation on three or more occasions within a 12-month
period after.the homeowner or resident has violated that rule or regulation, no written notice shall be
required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate y
that a rule or regulation has in fact been violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges;
provided that the amount due has been unpaid for a period of at least five days from its due date, and
provided, that the homeowner shall be given a three-day written notice subsequent to that five-day
period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day written notice shall be given to
the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy
of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55
within 10-'days after notice is delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as the 60 days' notice required for
termination of the tenancy.
(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure
a default under this subdivision. In the event the homeowner does not pay prior to the expiration of
the three-day notice period, the homeowner shall remain liable for all payments due up until the time
the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code,
any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered
owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner,
on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the
notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision
(b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the
legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided
by this subdivision, may not be exercised more than twice during a 12-month period.
21 1197
(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.
(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 notite 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 1990, 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. 111184)
(Amended by Ch. 1124, Stats. of 1983, eff. 7/l/84)
22 1/97
(Amended by Ch. 171, Stats. of 1988, eff. 1/l/89)
(Amended by Ch. 301, Stats, of 1988, eff. 1/1/89)
(Amended by Ch. 1357, Stats. of 199.0, eff. 1/1191)
798.56a. Action required for legal owner, etc,, of mobilehome once notice of termination
of tenancy is given
(a)-.Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice
of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner and each
junior lienholder shall notify the management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to the management for the
amount specified in its written offer. In that event, the management shall have 15 days following
receipt of the offer to accept or reject the offer in writing, if the offer is rejected, the person or entity
that made the offer shall have 10 days in which to exercise one of the other options contained in this,
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its-security interest in the mobilehome.
(3) Its request that the management pursue the termination of tenancy against the homeowner
and its offer to reimburse management for the reasonable attorney's fees and court costs incurred by
the management in that action. if this request and offer are made, the legal owner or junior lienholder
shall reimburse the management the amount of reasonable attorney's fees and court costs, as agreed
upon by the management and the legal owner or junior lienholder, incurred by the management in an
action to terminate the homeowner's tenancy, on or before the earlier of(A) the 60th calendar day
following receipt of written notice from the management of the aggregate amount of those reasonable
attorney's fees and costs or.(B) the date the mobilehome is resold.
(b) A legal owner or junior lienholder may sell the mobilehome within the park to a third
parry and keep the mobilehome on the site within the mobilehome park until it is resold only if all of
the following requirements are met:
(1),The legal owner or junior lienholder notifies management in writing of the intention to
exercise,,either option described in paragraph (2) or (3) of subdivision (a) within 60 days foIIowing
receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and
satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the
f 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy
these responsibilities and liabilities as they accrue from the dare of the mailing of that notice until the
E date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the
notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and
necessary corrective actions so that the mobilehome complies with park rules and regulations in
existence at the time the notice of termination of tenancy was given as well as the health and safety
standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and
f completes these.-repairs and corrective actions within 90 calendar days of that notice, or before the
date the mobilehome is sold, whichever is earlier.
(3) The legal owner or junior lienholder complies with the requirements of Article 7
(commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c) For purposes of subdivision (a), the "homeowner's responsibilities and liabilities" means
all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable
23 1/97
0 !
maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d) In the event the homeowner files for bankruptcy, the periods set forth in this section are
tolled until the mobilehome is released from bankruptcy.
(e) Notwithstanding any other provision of law, including, but not 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 enforce the lien pursuant to Section 7210
of the Commercial Code.
(f) All written notices required by this section shall be sent-to the other party by certified or
registered mail with return receipt requested.
(g) Satisfaction, pursuant to this section, of the homeowner's accrued or accruing
responsibilities and liabilities shall not cure the default of the homeowner.
(Added by Ch. 1357. Stats. of 1990, eff. 1/1/91)
(Amended by Ch. 835, Stats. of 1992, eff. 1/l/93)
(Amended by Ch. 95, Stats. of 1996, eff. 1/1/97)
798.57. Statement of reasons in notice
The management shall set forth in a notice-of termination, the reason relied upon for the
termination with specific facts to permit determination of the date, place, witnesses, and circumstances
concerning that reason. Neither reference to the section number or a subdivision thereof, nor a recital
of the language of this article will constitute compliance with this section.
(Added by Ch. 1031, Stats. of 1978, eff. 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. 111/83)
798.59. Notice by homeowner, time
A homeowner shall give written notice to the management of not less than 60 days before
vacating his of'her tenancy.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
24 1/97
798.60. Application of other laws
The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code-of..Civil Procedure except as
otherwise provided herein.
(Added by Ch. 1031, Stats. of 1978, eff. 111179)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/l/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:
(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 r
requirements of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome,
the management shall post a notice of belief of abandonment on the mobilehome for not less than 30
days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to
the homeowner at the last known address and to any known registered owner, if different from the
homeowner, and to any known holder of a security interest in the abandoned mobilehome. This
notice shall be mailed by registered or certified mail with a return receipt requested.
(c) Thirty.or more days following posting pursuant to subdivision (b), the management may
file a petition in the municipal or justice court for the judicial district in which the mobilehome park
is located for a judicial declaration of abandonment of the mobilehome. Copies of the petition shall
be served upon the homeowner, any known registered owner, and any known person having a lien
or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing
copies to those persons at their last known addresses by registered mail with a return receipt requested
in the United States mail, postage prepaid.
(d) (1) Hearing on the petition shall be given precedence over other matters on the court's
calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria
for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine the amount of charges to which
the petitioner is entitled, and award attorney's fees and costs to the petitioner. For purposes of this
subdivision an interest in the mobilehome shall be established by evidence of a right to possession of
25 1/97
• •
the mobilehome or a security or ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of the petitioner, and a default
judgment shall be thereupon entered, if no responsive pleading is 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 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10 days following the notice
of sale specified in subdivision (e), the management may conduct a public sale of the abandoned
mobilehome and its contents. The management may bid at the sale and shall have the right to offset
its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be
retained by the management, but any unclaimed amount thus retained over and above the amount to
which the management is entitled under this section shall be deemed abandoned property and shall
be paid into the treasury of the county in which the sale took place within 30 days of the date of the
sale. The former homeowner or any other owner may claim any or all of that unclaimed amount
within one year from the date of payment to the county by making application to the county treasurer
or other official designated by the county. If the county pays any or all of that unclaimed amount to
a claimant, neither the county nor any officer or employee of the county is liable to any other claimant
as to the amount paid.
(g) Within 30 days of the date of the sale, the management shall submit to the court an
accounting of the moneys received from the sale and the disposition of the money and the items
contained in the inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a copy of the judgment of
abandonment and evidence of the sale, as shall be specified by the State Department of Housing and
Community Development or the Department of Motor Vehicles, which shall register title in the
abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the
purchaser free of any prior interest, including any security interest or lien, except the lien provided
for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(Added by Ch. 1153, Stats. of 1986, eff. 1/1/87)
(Amended by Ch. 648, Stats, of 1986, eff. 1/1/87)
(Amended by Ch. 301, Stats. of 1988, eff. l/l/89)
(Amended by Ch. 564, Stats. of 1991, eff. 1/l/92)
(Amended by Ch. 446, Stats. of 1995, eff. i/l/96)
26 1197
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 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. 111/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 111179) '
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1183)
(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. 1/1194)
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
yawner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any
Such person other than the management, nor require the selling homeowner, or an heir, joint tenant,
or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park
through the death of the owner of the mobilehome who was a homeowner at the time of his or her
death, to authorize the management to act as the agent in the sale of a manufactured home or
mobilehome as a condition of management's approval of the buyer or prospective homeowner for
residency in the park.
Nothing in this section shall be construed as affecting the provisions of the Health and Safety
Code governing the licensing of manufactured home or mobilehome salespersons or dealers.
27 1/97
(Added by Ch. 1031, Stats. of 1978, eff. l/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. 111190)
798.72. Transfer or selling fee; request for service
(a) The management shall not charge a homeowner, an heir, joint tenant, or personal
representative of the estate who gains ownership of a mobilehome in the mobilehome park through
the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or
the agent of any such person a transfer or selling fee as a condition of a sale of his mobilehome within
a park unless the management performs a service in the sale. The management shall not perform any
such service in connection with the sale unless so requested, in writing, by the homeowner, an heir,
joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the
mobilehome park through the death of the owner of the mobilehome who was a homeowner at the
time of his or her death, or the agent of any such person.
(b) The management shall not charge a prospective homeowner or his or her agent, upon
purchase of a mobilehome, a fee as a condition of approval for residency in a park unless the
management performs a specific service in the sale. The management shall not impose a fee, other
than for a credit check in accordance with subdivision (b) of Section 798.74, for an interview of a
prospective homeowner.
(Added by Ch. 1031, Stats, of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/1/83)
(Amended by Ch. 498, Stats. of 1989, eff. 1/1/99)
(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, 18552, and 18605 of the Health and Safety Code and
the regulations established thereunder, as determined following an inspection by the appropriate
enforcement agency, as defined in Section 18207 of the Health and Safety Code.
(c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured
after September 15, 1971, and is less than 20 feet wide and the mobilehome does not comply with the
construction and safety standards under Sections 19550, 19552, and 18605 of the Health and Safety
Code, and the regulations established thereunder, as determined following an inspection by the
appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code.
(d) It is in a significantly rundown condition or in disrepair, as determined by the general
28 1/97
condition of the mobilehome and its acceptability to the health and safety of the occupants and to the
public, exclusive of its age. The management shall use reasonable discretion in determining the
general condition of the mobilehome and its accessory structures. The management shall bear the
burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.
The management shall not require repairs and improvements to the park space or property owned by
the management, except for damage caused by the homeowner.
(Added by Ch. 1034, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 1392, Stats. of 1992, eff. 111/83)
(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 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 roles and regulations
of the park. In determning whether the purchaser has the financial ability to pay the rent and charges
of the park, the management shall not require the purchaser to submit copies of any personal income
tax returns in order to obtain approval for residency in the park. However, management may require
the purchaser to document the amount and source of his or her gross monthly income or means of
financial support.
Upon request of any prospective homeowner who proposes to purchase a mobilehome that will
remain in the park, management shall inform that person of the information management will require
in order to-determine if the person will be acceptable as a homeowner in the park.
Within 15 business days of receiving all of the information requested from the prospective
homeowner, the management shall notify the seller and the prospective homeowner, in writing, of
either acceptance or rejection of the application, and the reason if rejected. During this 15-day period
the prospective homeowner shall comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for any reason other than those
stated in this article, the management or owner may be held liable for all damages proximately
.resulting therefrom.
(b) If the management collects a fee or charge from a prospective purchaser of a mobilehome
in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be
credited toward payment of the first month's rent for that mobilehome purchaser. If, for whatever
reason, the prospective purchaser is 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 1979, eff. 1/1179)
(Amended by Ch. 1031, Stats. of 1978, eff. 1/l/79)
29 1/97
• - •
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 76, Stats. of 1985, eff. 1/l/86)
(Amended by Ch. 930, 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.
(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 faits to comply with the demand, the unlawful occupant shall be
subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part
3 of the Code of Civil Procedure.
(d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall
not be subject to the provisions of subdivision (c) if all of the following conditions are present:
(1) The occupant is the registered owner of the mobilehome.
(2) The management has determined that the occupant has the financial ability to pay the rent
and charges of the park; will comply with the rules .and regulations of the park, based on the
occupant's prior tenancies; and will comply with this article.
(3) The management failed or refused to offer the occupant a rental agreement.
(Added by Ch. 1031, Stats, of 1978, eff. 1/l/79)
(Amended by Ch. 667, Stats. of 1981, eff. 111/82)
(Amended by Ch. 519, Stats. of 1983, eff. 1/l/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 Mule or
regulation complies with the federal Fair Housing Act, as amended by Public Law 104-76, and
implementing regulations.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 666, Stats. of 1992, eff. 1/1/93)
(Amended by Ch.--1277, Stats. of 1993, eff. 1/1194)
(Amended by Ch. 61, Stats of 1996, eff. 6/10/96, urgency)
30 1/97
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. 1/1179)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1l1/83)
,;. (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 to a third party
in accordance with the provisions of this article, but only if all the homeowner's responsibilities and
liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome
and its premises which have arisen since the death of the homeowner have been satisfied as they have
accrued pursuant to the rental agreement in effect at the time of the death of the homeowner up until
the date the mobilehome is resold.
(b) In the event that the heir, joint tenant, or personal representative of the estate does not
satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner's
responsibilities and liabilities to the management which accrue pursuant to the rental agreement in
effect at the time of the death of the homeowner, the management shall have the right to require the
removal of the mobilehome from the park.
(c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of
the estate, that individual may replace the existing mobilehome with another mobilehome, either new
or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health
and safety standards provided in Sections 18550, 18552, and 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. I/l/80)
(Amended by Ch. 477, Stats. of 1982, eff. 111183)
(Amended by Ch. 1397, Stats. of 1982, eff. 111183)
(Amended by Ch. 745, Stats. of 1989, eff. 1l1/90)
798.79. Foreclosure of mobilehome; sale to third party
(a) Any legal owner or junior lienholder who forecloses on his or her security interest in a
mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the park
to a third party in accordance with this article, but only if all the homeowner's responsibilities and
31 1i97
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 iienholder 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 parry 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. 1/1183)
(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. 1/1/92)
798.80. Sale of park; listing; notice to residents
(a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park
entering into a written listing agreement with a licensed real estate broker, as defined in Article 1
(commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and
Professions Code, for the sale of the park, or offering to selI-the park to any party, the owner shall
provide written notice of his or her intention to sell the mobilehome park by first-class mail or by
personal delivery to the president, secretary, and treasurer of any resident organization formed by
homeowners in the mobilehome park as a nonprofit corporation, pursuant to Section 23701v of the
Revenue and Taxation Code, stock cooperative corporation, or other entity for purposes of converting
the mobilehome park to condominium or stock cooperative ownership interests and for purchasing
the mobilehome park from the management of the mobilehome park. An offer to sell a park shall not
be construed as an offer under this subdivision unless it is initiated by the park owner or agent.
(b) An owner of a mobilehome park shall not be required to comply with subdivision (a)
unless the following conditions are met:
(1) The resident organization has first furnished the park owner or park manager a written
notice of the name and address of the president,' secretary, and treasurer of the resident organization
to whom the notice of sale shall be given.
(2) The resident organization has first notified the park owner or manager in writing that the
park residents are interested in purchasing the park. The initial notice by the resident organization
shall be made prior to a written listing or offer to sell the park by the park owner, and the resident
organization shall give subsequent notice once each year thereafter that the park residents are
interested in purchasing the park.
(3) The resident organization has furnished the park owner or park manager a written notice,
within five days, of any change in the name or address of the officers of the resident organization to
whom the notice of sale shall be given.
(c) Nothing in this section affects the validity of title to real property transferred in violation
of this section, although a violation shall subject the seller to civil action pursuant to Article 8
(commencing with Section 798.84) by homeowner residents of the park or the resident organization.
(d) Nothing in this section affects the ability of a licensed real estate broker, as defined in
Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and
32 1197
Professions Code, to collect a commission pursuant to an executed contract between the broker and
the mobilehome park owner.
(e) Subdivision (a) does not apply to any of the following:
(1) Any sale or other transfer by. a park owner who is a"natural person to any relation
specified in Section 6401 or 6402 of the Probate Code.
(2) Any transfer by gift, devise, or operation of law.
(3) Any transfer by a corporation to an affiliate. As used in this paragraph, "affiliate" means
-any shareholder of the transferring corporation, any corporation or entity owned or controlled,
directly or indirectly, by the transferring corporation, or any other corporation or entity controlled,
directly or indirectly, by any shareholder of the transferring corporation.
(4) Any transfer by a partnership to any of its partners.
(5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or
deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure.
(6) Any sale or transfer between or among joint tenants or tenants in common owning a.
mobilehome park.
(7) The purchase of a mobilehome park by a governmental entity under its powers of eminent
domain.
(Added. by Ch. 648, Stats. of 1986, eff. 1/1/87)
(Amended by Ch. 421, Stats. of 1990, eff. 1/l/91)
(Amended by Ch. 219, Stats. of 1994, eff. 1/1/95)
a�
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
53090.4 of, and Chapter 4.9 (conunencing with Section 65995) of Division 1 of Title 7 of, the
Government Code.
(Added by Ch. 983, Stats. of 1994, eff. 1/1/95)
3 3 I/97
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.
(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(d) For purposes of this section, management shall be deemed to be notified of an alleged
failure to maintain the physical improvements in the common facilities in good working order or
condition or of an alleged reduction of services upon substantial compliance by the homeowner or
homeowners with the provisions of subdivisions (b) and (c), or when management has been notified
of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(e) If the notice is served within 30 days of the expiration of the applicable statute of
limitations, the time for the commencement of the action shall be extended 30 days from the service
of the notice.
(f) This section does not apply to actions for personal injury or wrongful death.
(Added by Ch. 1592, Stats. of 1999, eff. 111189)
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 parry 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/l/79)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1194)
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. 1631, Stats. of 1978, eff. l/1/79)
34 1/97
(Amended by Ch. 1033, Slats. of 1978, eff. 1/1/79)
(Amended by Ch. 1397, Stats. of 1982, eff. 1/l/83)
(Amended by Ch. 519, Slats. of 1983, eff. i/1/84)
4
798.87. Public nuisance
.:,(a)..The substantial failure of the management to provide and maintain physical improvements
in the.-common facilities in good working order and condition shall be deemed a public nuisance.
Notwithstanding Section 3491, such a nuisance may only be remedied by a civil action or abatement.
(b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance.
Notwithstanding Section 3491, such a nuisance may only be remedied by a civil action or abatement.
(c) A civil action pursuant to this section may be brought by a park resident, the park
management, or in the name of the people of California by the district attorney or the city attorney
of the jurisdiction in which the park is located.
(Added by Ch. 1392, Slats. of 1982, eff. 1/1/83)
(Amended by Ch. 187, Slats. of 1983, eff. 1/1/84)
(Amended by Ch. 1374, Slats. of 1990, eff. 111/91)
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 party to an action under this section from appearing through legal
35 1/97
caullsel or in propria p, )nao •
(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, o€ 1993, eff. 1/1/94)
ARTICLE 9. SUBDIVISIONS, COOPERATIVES, AND CONDOMINIUMS
799. Definitions
As used in this article:
(a) "Ownership or management" means the ownership or management of a subdivision,
cooperative, or condominium for mobilehomes or of a resident-owned mobilehome park,
(b) "Resident" means a person who maintains a residence in a subdivision, cooperative, or
condominium for mobilehomes or a resident-owned mobilehome park..
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 198, Stats. of 1979, eff. 1/1/80)
(Amended by Ch. 61, Stats. of 1996, eff. 6/10/96, urgency)
799.1. Application and Scope
This article shall govern the rights of a resident who has an ownership interest in the space,
subdivision, cooperative, condominium, or resident-owned mobilehome park in which his or her
mobilehome is located or installed. Articles 1 (commencing with Section 798) to 8 (commencing with
Section 798.84), inclusive, shall apply only to a resident of a subdivision, cooperative, or
condominium for mobilehomes who rents or leases a space on which his or her mobilehome is located
or installed.
(Amended by Ch. 103, Stats, of 1995, eff. 1/1/96)
(Amended by Ch. 61, Stats of 1996, eff. 6/10196, urgency)
799.1.5.. Advertising
A resident may advertise the sale or exchange of his or her mobilehome or, if not prohibited
by the terms of an agreement with the management or ownership, may advertise the rental of his or
her mobilehome by displaying a sign in the window of his or her mobilehome stating that the
mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome
or his or her agent. The sign shall state the name, address, and telephone number of the owner of
the mobilehome or his or her agent, and may be at Ieast 12 inches in width and 12 inches in length.
(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. 198, Stats. of 1979, eff_ I/l/80)
36 1/97
(Amended by Ch. 519, Stats. of 1983, eff. ill/84)
(Amended by Ch. 103, Stats. of 1995, eff. 1/1/96)
799.2. Listing or showing mobilehome by ownership or management;
written authorization
The ownership or management shall not show or list for sale a mobilehome owned by a
resident without first obtaining the resident's written authorization. The authorization shall specify
the terms and conditions regarding the showing or listing.
Nothing contained in this section shall be construed to affect the provisions of the Health and
Safety Code governing the licensing of mobilehome salesmen.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 198, Stats. of 1979, eff. 1/l/80)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
T99.3. Sale to third party; prohibition against required removal
The ownership or management shall not require the removal of a mobilehome from a
subdivision, cooperative, condominium, or resident-owned mobilehome park in the event of its sale
to a third party.
(Added by Ch. 1031, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 1033, Stats. of 1978, eff. 1/1/79)
(Amended by Ch. 198, Stats. of 1979, eff. 1/l/80)
J (Amended by Ch. 61, Stats, of 1996, eff. 6/10/96, urgency)
799.4. Prior approval of purchaser; grounds for withholding
The ownership or management may require the right to"prior approval of the purchaser of a
mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes or
resident-owned mobilehome park and that the selling resident or his or her agent give notice of the
sale to the ownership or management before the close of the sale. Approval cannot be withheld if the
purchaser has the financial ability to pay the fees and charges of the subdivision, cooperative,
J Condominium, or resident-owned mobilehome park unless the ownership or management reasonably
determines that, based on the purchaser's prior residences, he or she will not comply with the rules
and regulations of the subdivision, cooperative, or condominium.
(Added by Ch. 1031, Stats. of 1978, eff. 1/1179)
(Amended by Ch. 198, Stats. of 1979, eff. lil/80)
(Amended by Ch. 519, Stats. of 1983, eff. 1/1/84)
J (Amended by Ch. 61, Stats. of 1996, eff. 6/10196, urgency)
799.5. Purchaser, compliance with adults only rule
The ownership or management may require that a purchaser of a mobilehome that will remain
J in the subdivision, cooperative, condominium, or resident-owned mobilehome park for mobilehomes,
comply with any rule or regulation limiting residency based on age requirements for housing for older
persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing
37 1/97
Act as amended by Public Law 104-76, and implementing regulations.
(Added by Ch. 1031, Stats. of 1978, eff. I11/79)
(Amended by Ch. 1277, Stats. of 1993, eff. 1/1194)
(Amended by Ch. 61, Stats. of 1996, eff. 6/10/96, urgency)
799.6. Waiver of rights; public policy
No agreement shall contain any provision by which the purchaser waives his or her rights
under the provision of this article. Any such waiver shall be deemed contrary to public policy and
void and unenforceable.
(Formerly Section 799.8, added by Ch. 1031, Stats. of 1978, eff. 111179)
(Renumbered Section 799.6 and amended by Ch. 1033, Stats. of 1978, eff. 1/l/79)
(Amended by Ch. 519, Stats. of 1983, eff. 1/l/84)
799.7. Notice requirements for utility service interruption
The ownership or management shall provide, by posting notice on the mobilehomes of all
affected homeowners and residents, at least 72 hours' written advance notice of an interruption in
utility service of more than two hours for the maintenance, repair, or replacement of facilities of
utility systems over which the management has control within the subdivision, cooperative,
condominium, or resident-owned mobilehome park, if the interruption is not due to an emergency.
The ownership or management shall be liable only for actual damages sustained by a homeowner or
resident for violation of this section.
"Emergency," for purposes of this section, means the interruption of utility service resulting
from an accident or act of nature, or cessation of service caused by other than the management's
regular or planned `maintenance, repair, or replacement of utility facilities.
(Added by Ch. 317, Stats. of 1992, eff. 1/1/93)
(Amended by Ch. 61, Stats of 1996, eff. 6110/96, urgency)
799.8. Disclosure by management of school facilities fee
The management, at the time of an application for residency, shall disclose in writing to any
person who proposes to purchase'or install a manufactured home or mobilehome on a space or lot,
on which the construction of the pad or foundation system commenced after September 1, 1986, and
no other manufactured home or mobilehome was previously located, installed, or occupied, that the
manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and
53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division I of Title 7 of, the
Government Code.
(Added by Ch. 983, Stats. of 1994, eff. 111/95)
38 1197
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 Corm)
ARTICLE 1. DEFINITIONS
i.
799.20. Citation of chapter
This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy
Law.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.21. Application of definitions
Unless the provisions or context otherwise require, the following definitions shall govern the
construction of this chapter.
(Repealed by Ch. 310, Stats, of 1992, eff. 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. 1/1193)
(Added by Ch. 310, Stats. of 1992, eff. 1/1193)
799.23, Defaulting resident
"Defaulting resident" means a resident who fails to pay his or her occupancy in a park, fails
to comply with reasonable written rules and regulations of the park given to the resident upon
registration or during the term of his or her occupancy in the park, or who violates any of the
provisions contained in Article 5 (commencing with Section 799.70).
(Repealed by Ch. 310, Stats. of 1992, eff. 1/l/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.24. Defaulting tenant
"Defaulting tenant" means a tenant who fails to pay for his or her occupancy in a park or fails
to comply with reasonable written rules and regulations of the park given to the person upon
registration or during the term of his or her occupancy in the park.
(Repealed by Ch. 310, Scats. of 1992. eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff_ 1/l/93)
39 1/9;
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, Stars. of 1992, eff. 111/93)
(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. 1/1193)
799.27. Occupancy
"Occupancy" and "occupy" refer to the use of a recreational vehicle park lot by an occupant,
tenant, or resident.
(Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
(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. 111/93)
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. l/l/93)
799.30. Recreational vehicle park
"Recreational vehicle park" or "park" has the same meaning as defined in Section 18215 of
the Health and Safety Code.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.31. Resident
"Resident" means a tenant who has occupied a lot in a park for nine months or more.
40 1/97
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
.(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.32: Tenant
"Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a
'park for more than 30 consecutive days.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.35. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.36. (Repealed by Ch. 310, Stats. of 1992, eff. I/1/93)
799.37. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.38. (Repealed by Ch. 310, Stats. of 1992;eff. 111/93)
799.39. (Repealed by Ch. 310, Stats. of 1992, eff. 111/93)
ARTICLE 2. GENERAL PROVISIONS
799.40. Rights of management, occupant, tenant or resident
The rights created by this chapter shall be cumulative and in addition to any other legal rights
the management of*a park may have against a defaulting occupant, tenant, or resident; or that an
occupant, tenant, or resident may have against the management of a park.
(Added by Ch. 310, Stats. of 1992, eff. 1/1193)
799.41. Restrictions
Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health
and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety
Code.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.42. Rights protected
No occupant registration agreement or tenant rental agreement shall contain a provision by
which the occupant or tenant waives his or her rights under the provisions of this chapter, and any
waiver of these rights shall .be deemed contrary to public policy and void.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.43. Registration agreement
The registration agreement between a park and an occupant thereof shall be in writing and
shall contain, in addition to the provisions otherwise required by law to be included, the term of the
41 1197
occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided
by the park, and a statement of the grounds for which a defaulting occupant's recreational vehicle may
be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour
notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency.
(Added by Ch. 310, Stats, of 1992, eff. 1/1/93)
799.44. Copy of park rules and regulations
At the time of registration, an occupant shall be given a copy of the rules and regulations of
the park.
(Added by Ch. 310. Stats. of 1992, eff. 1/1/93)
799.45. Rental agreement
The management may offer a rental agreement to an occupant of the park who intends to
remain in the park for a period in excess of 30 consecutive days.
(Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
799.46. Sign requirement for recreational vehicle removal
At the entry to a recreational vehicle park, or within the separate designated section for
recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property
a sign indicating that the recreational vehicle may be removed from the premises for the reasons
specified in Section 799.22 and containing the telephone number of the local traffic law enforcement
agency. Nothing in this section shall prevent management from additionally displaying the sign in
other locations within the park_
(Repealed by Ch. 310, Stats. of 1992, eff. I/1/93)
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.47. (Repealed by Ch. 310, Stats. of 1992, eff. 111193)
799.49. (Repealed by Ch. 310, Stats, of 1992, eff. 1/1/93)
799.50. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.51. (Repealed by Ch. 310, Stats. of 1992, eff. 1/1/93)
42 1/97
ARTICLE 3. DEFAULTING OCCUPANTS
799.55. Removal of recreational vehicle due to default; 72-hour written notice; cure for
default
As a prerequisite to the right of management to have a defaulting occupant's recreational
vehicle removed from the lot which is the subject of the registration agreement between the park and
the occupant-.pursuant to Section 799.57, the management shall serve a 72-hour written notice as
prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within
the 72-hour period during normal business hours.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.56. Service of 72-hour written notice; requirements
(a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant
personally or to a person of suitable age and discretion who is occupying the recreational vehicle
located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place
on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place
where the property is located and, if available, any other address which the occupant has provided
to management in the registration agreement. Delivery of the 72-hour notice to a defaulting occupant
who is incapable of removing the occupant's recreational vehicle from the park because of a physical
incapacity shall not be sufficient to satisfy the requirements of this section.
(b) In the event that the defaulting occupant is incapable of removing the- occupant's
recreational vehicle from the park because of a physical incapacity or because the recreational vehicle
is not motorized and cannot be moved by the occupant's vehicle, the default shall be cured within 72
hours, but the date to quit shall be no less than seven days after service of the notice.
(c) The management shall also serve a copy of the notice to the city police if the park is
Iocated in a city, or, if the park is located in an unincorporated area, to the county sheriff.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.57. Park management; authority to remove recreational vehicle
The written 72-hour notice shall state that if the defaulting occupant does not remove the
recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the
management has authority pursuant to Section 799.58 to have the recreational vehicle removed from
the lot to the nearest secured storage facility.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.58. Removal of defaulting occupant and vehicle by police or sheriff
Subsequent to serving a copy of the notice specified in this article to the city police or county
sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice
on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in
the recreational vehicle. The management may then remove or cause the removal of a defaulting
occupant's recreational vehicle parked on the premises of the park to the nearest secured storage
facility. The notice shall be void seven days after the date of service of the notice.
43 1 r9?
(Added by Ch. 310, Stats. of 1992, eff. 1/l/93)
799.59. Care in removing recreational vehicle
When the management removes or causes the removal of a defaulting occupant's recreational
vehicle, the management and the individual or entity that removes the recreational vehicle shall
exercise reasonable and ordinary care in removing the recreational vehicle, to the storage area.
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
ARTICLE 4. DEFAULTING TENANTS
799.65. Termination of tenancy for nonpayment
The management may terminate the tenancy of a defaulting tenant for nonpayment of rent,
utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid
for a period of five days from its due date, and provided the tenant has been given a three-day written
notice subsequent to that five-day period to pay the total amount due or to vacate the park. For
purposes of this section, the five-day period does not include the date the payment is due. The three-
day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil
Procedure. Any payment of the total charges due, prior to the expiration of the three-day period,
shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the
three-day notice period, the tenant shall remain liable for all payments due up until the time the
tenancy is vacated.
(Added by Ch-. 310, Stats. of 1992, eff. 1/1/93)
r
799.66. Termination of tenancy for reasons other than nonpayment
The management may terminate or refuse to renew the right of occupancy of a tenant for other
than nonpayment of rent or other charges upon the giving of a written notice to.the tenant in the
manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle
from the park. The notice need not state the cause for termination but shall provide not less than 30
days' notice of termination of the tenancy.
(Added by Ch. 310, Stats.-of 1992, eff. 1/1193)
(Amended by Ch. 167, Stats. of 1994, eff. 1!1(9S)
799.67. Eviction requirements
Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as
otherwise provided in this article.
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
44 1197
Y
ARRCLE S. DEFAULTING RESIDENTS
799.70. Reasons for termination or refusal of tenancy requiring «Titten notice
The management may terminate or refuse to renew the right of occupancy of a defaulting
resident upon the giving of a written notice to the defaulting resident in the manner prescribed by
Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This
notice shall provide not less than 60 days' notice of termination of the light of occupancy and shall
specify one of the following reasons for the termination of the right of occupancy:
(a) Nonpayment of rent, utilities, or reasonable incidental service charges; provided, that the
amount due has been unpaid for a period of five days from its due date, and provided that the resident
shall be given a three-day written notice subsequent to that five-day period to pay the total amount
due or to vacate the park. For purposes of this subdivision, the five-day period does not include the
date the payment is due. The three-day notice shall be given to the resident in the manner prescribed
by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time
as the 60-day notice required for termination of the right of occupancy; provided, however, that any
payment of the total charges due, prior to the expiration of the three-day period, shall cure any default
of the resident. In the event the resident does not pay prior to the expiration of the three-day notice
period, the resident shall remain liable for all payments due up until the time the tenancy is vacated.
(b) Failure of the resident to comply with a local ordinance or state law or regulation relating
to the recreational vehicle park or recreational vehicles within a reasonable time after the resident or
the management receives a notice of noncompliance from the appropriate governmental agency and
the resident has been provided with a copy of that notice.
(c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial
annoyance to other occupants, tenants, or residents.
(d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the
act resulting in the conviction was committed anywhere on the premises of the park, including, but
not limited to, within the resident's recreational vehicle.
However, the right of occupancy may not be terminated for the reason specified in this
subdivision if-the person convicted of the offense has permanently vacated, and does not subsequently
reoccupy, the recreational vehicle.
(e) Failure of the resident or a guest to comply with a rule or regulation of the park which
is part of the rental agreement or any amendment thereto.
No act or omission of the resident or guest shall constitute a failure to comply with a rule or
regulation unless the resident has been notified in writing of the violation and has failed to correct the
violation within seven days of the issuance of the written notification.
(f) Condemnation of the park.
(g) Change of use.of the park or any portion thereof.
(Added by Ch. 310, Stats. of 1992, eff. 1/I/93)
799.71. Eviction subject to Code of Civil Procedure
Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as
otherwise provided in this article.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
45 1;97
ARTICLE 6. LIENS FOR RECREATIONAL VEHICLES AND ABANDONED
POSSESSIONS
799.75. Lien due to default
The management shall have a lien upon the recreational vehicle and the contents therein for
the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical
to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28,
inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park
shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3.
(Added by Ch. 310, Stats. of 1992, eff. 111/93)
ARTICLE 7. ACTIONS AND PROCEEDINGS
799.78. Attorney's fees and costs
In any action arising out of the provisions of this chapter, the prevailing party shall be entitled
to reasonable attorney's fees and costs. A party shall be deemed a prevailing party for the purposes
of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in
his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or
compromise.
(Added by Ch. 310, Stats. of 1992, eff. 1/1/93)
799.79. Civil action award
In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is
the prevailing party in a civil action against the management to enforce his or her rights under this
chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the
discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each
willful violation of any provision•of this chapter by the management.
(Added by Ch. 310, Stats. of 1992, eff. 1/1193)
46 1/97
ESCROW INSTRUCTIONS
ATTA:CHMEN.T #3................
Fidelity National TitCompany
10971 Garden Grove Bovlavard,9u.ta D• Garden Grove,CA 92943
(714)539.1101 • FAX 17141 539-1213
DEALER SALE OF A USED MOBILEHOME
ESCROW INSTRUCTIONS
Date: January 15, 1998
Escrow No.: 501173.OG
Escrow Officer: Deena Gomez
Dealer: J 8r R Mobile Homes
Buyer;sl: Eugenia Cs'kos
The Buyer(S) shown herein are purchasing a mobilehome described below from the Dealer herein on
the terms, conditions and instructions hereinafter stated and will hand you IEscraw Holder) cr will
cause to have handed to you the consideration as follows:
Buyer(s) have deposited with escrow, receipt of which is hereby acknowledged,
an initial deposit in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00
Prior to the close of escrow, Buyer will hand you the balance of down payment
(plus closing costs, if applicable) the sum of. . . . . . . . . . ... . . . . . . . . . . . . . . $ 15,297.00
TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,791.00
Buyers) will hand you any additional funds and/or documents required to enable you to comply
with these instructions, which you are authorized to use and/or deliver provided on or before
February 16, 1998 when you can hold and/or comply with the following:
1. CERTIFICATE OF TITLE AND REGISTRATION CERTIFICATE(S) COVERING THE FOLLOWING
DESCRIBED MOBILEHOME:
Date of Manufacture: April 27, 1989 Date First Sold: April 28, 1989
Manufacturer: Skyline Trade Name: Palm Springs
Model Name: Model No.:
Size: 24x56 {not verified by Decal No.: LAW3283
escrow)
Serial No.(s): 23720446AYIBY
DOH/insignia No.(s): CAL360461182
The Parties State Situs Address to be: 7051 Ellis Ave., #40, Huntington Beach, CA 92648
Space #: 40
2. APPLICATION FOR REGISTRATION AND CERTIFICATE OF TITLE TO BE DESIGNATED AS
FOLLOWS:
REGISTERED OWNERSHIP to be the mobilehome and other related property is to be as
follows:
Vesting: Eugenia Csikos
Current Address: 19361 Srookhurst, #16
City, State and Zip: Huntington Beach, CA 92646
Future Address: 7051 Ellis Ave., #40
City, State and Zip: Huntington Beach, CA 92648
3. CURRENT REGISTERED OWNER: Falkenstein, Patricia S.
ADDRESS: 7051 Ellis Ave., #40, Huntington Beach, CA 92648
CURRENT LEGAL OWNER: Bank of America
ADDRESS; 3151 E. Imperial Hwy, Brea, CA 92821
Continued on following page Iniria:s: G '
RCA ROUTING 'SHEET
INITIATING Economic Development
DEPARTMENT:
SUBJECT: Ownership Transfer: OVE Unit #40
COUNCIL MEETING DATE: February 17, 1998
:: . . :::RCA ATTACHMENTS ...: :: ..:.. ....... . = STATUS-:.. .
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attome ) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
. . . ::.....: EXPLANATIO.N.FOR:MISSING.ATTACHMENTS
... . ::::. . ... : ...:: :REVIEWED....... : ....: :::. :::: RET.URNED: .. . . ..F.O.R RDED.
. .... . ................... .... . . . ......... .
Administrative Staff ( } ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( } ( c�,►y )
City Clerk ( )
'EXPLANATION''FOR°RETURN`O.FITEM• .
Only)(Below Space For City Clerk's Use