SECTIONS 798.23-798.29.6
CIVIL CODE
SECTION 798.23-798.29.6
SECTION 798.23-798.29.6
798.23. (a) The owner of the park, and any person employed by thepark, shall be subject to, and comply with, all park rules andregulations, to the same extent as residents and their guests. (b) Subdivision (a) of this section does not apply to either ofthe following: (1) Any rule or regulation that governs the age of any resident orguest. (2) Acts of a park owner or park employee which are undertaken tofulfill a park owner's maintenance, management, and businessoperation responsibilities.798.23.5. (a) (1) Management shall permit a homeowner to rent hisor her home that serves as the homeowner's primary residence orsublet his or her space, under the circumstances described inparagraph (2) and subject to the requirements of this section. (2) A homeowner shall be permitted to rent or sublet pursuant toparagraph (1) if a medical emergency or medical treatment requiresthe homeowner to be absent from his or her home and this is confirmedin writing by an attending physician. (b) The following provisions shall apply to a rental or subleasepursuant to this section: (1) The minimum term of the rental or sublease shall be sixmonths, unless the management approves a shorter term, but no greaterthan 12 months, unless management approves a longer term. (2) The management may require approval of a prospective renter orsublessee, subject to the process and restrictions provided bysubdivision (a) of Section 798.74 for prospective purchasers ofmobilehomes. A prospective sublessee shall comply with any rule orregulation limiting residency based on age requirements, pursuant toSection 798.76. The management may charge a prospective sublessee acredit screening fee for the actual cost of any personal referencecheck or consumer credit report that is provided by a consumer creditreporting agency, as defined in Section 1785.3, if the management orhis or her agent requires that personal reference check or consumercredit report. (3) The renter or sublessee shall comply with all rules andregulations of the park. The failure of a renter or sublessee tocomply with the rules and regulations of the park may result in thetermination of the homeowner's tenancy in the mobilehome park, inaccordance with Section 798.56. A homeowner's tenancy may not beterminated under this paragraph if the homeowner completes an actionfor unlawful detainer or executes a judgement for possession,pursuant to Chapter 4 (commencing with Section 1159) of Title 3 ofPart 3 of the Code of Civil Procedure within 60 days of the homeownerreceiving notice of termination of tenancy. (4) The homeowner shall remain liable for the mobilehome park rentand other park charges. (5) The management may require the homeowner to reside in themobilehome park for a term of one year before management permits therenting or subletting of a mobilehome or mobilehome space. (6) Notwithstanding subdivision (a) of Section 798.39, if asecurity deposit has been refunded to the homeowner pursuant tosubdivision (b) or (c) of Section 798.39, the management may requirethe homeowner to resubmit a security deposit in an amount or valuenot to exceed two months' rent in addition to the first month's rent.Management may retain this security deposit for the duration of theterm of the rental or sublease. (7) The homeowner shall keep his or her current address andtelephone number on file with the management during the term ofrental or sublease. If applicable, the homeowner may provide thename, address, and telephone number of his or her legalrepresentative. (c) A homeowner may not charge a renter or sublessee more than anamount necessary to cover the cost of space rent, utilities, andscheduled loan payments on the mobilehome, if any.798.24. Each common area facility shall be open or available toresidents at all reasonable hours and the hours of the common areafacility shall be posted at the facility.798.25. (a) Except as provided in subdivision (d), when themanagement proposes an amendment to the park's rules and regulations,the management shall meet and consult with the homeowners in thepark, their representatives, or both, after written notice has beengiven to all the homeowners in the park 10 days or more before themeeting. The notice shall set forth the proposed amendment to thepark's rules and regulations and shall state the date, time, andlocation of the meeting. (b) Except as provided in subdivision (d) following the meetingand consultation with the homeowners, the noticed amendment to thepark's rules and regulations may be implemented, as to any homeowner,with the consent of that homeowner, or without the homeowner'sconsent upon written notice of not less than six months, except forregulations applicable to recreational facilities, which may beamended without homeowner consent upon written notice of not lessthan 60 days. (c) Written notice to a homeowner whose tenancy commences withinthe required period of notice of a proposed amendment to the park'srules and regulations under subdivision (b) or (d) shall constitutecompliance with this section where the written notice is given beforethe inception of the tenancy. (d) When the management proposes an amendment to the park's rulesand regulations mandated by a change in the law, including, but notlimited to, a change in a statute, ordinance, or governmentalregulation, the management may implement the amendment to the park'srules and regulations, as to any homeowner, with the consent of thathomeowner or without the homeowner's consent upon written notice ofnot less than 60 days. For purposes of this subdivision, themanagement shall specify in the notice the citation to the statute,ordinance, or regulation, including the section number, thatnecessitates the proposed amendment to the park's rules andregulations. (e) Any amendment to the park's rules and regulations that createsa new fee payable by the homeowner and that has not been expresslyagreed upon by the homeowner and management in the written rentalagreement or lease, shall be void and unenforceable.798.25.5. Any rule or regulation of a mobilehome park that (a) isunilaterally adopted by the management, (b) is implemented withoutthe consent of the homeowners, and (c) by its terms purports to denyhomeowners their right to a trial by jury or which would mandatebinding arbitration of any dispute between the management andhomeowners shall be void and unenforceable.798.26. (a) Except as provided in subdivision (b), the ownership ormanagement of a park shall have no right of entry to a mobilehome orenclosed accessory structure without the prior written consent ofthe resident. The consent may be revoked in writing by the residentat any time. The ownership or management shall have a right of entryupon the land upon which a mobilehome is situated for maintenance ofutilities, trees, and driveways, for maintenance of the premises inaccordance with the rules and regulations of the park when thehomeowner or resident fails to so maintain the premises, andprotection of the mobilehome park at any reasonable time, but not ina manner or at a time that would interfere with the resident's quietenjoyment. (b) The ownership or management of a park may enter a mobilehomeor enclosed accessory structure without the prior written consent ofthe resident in case of an emergency or when the resident hasabandoned the mobilehome or accessory structure.798.27. (a) The management shall give written notice to allhomeowners and prospective homeowners concerning the followingmatters: (1) the nature of the zoning or use permit under which themobilehome park operates. If the mobilehome park is operatingpursuant to a permit subject to a renewal or expiration date, therelevant information and dates shall be included in the notice. (2)The duration of any lease of the mobilehome park, or any portionthereof, in which the management is a lessee. (b) If a change occurs concerning the zoning or use permit underwhich the park operates or a lease in which the management is alessee, all homeowners shall be given written notice within 30 daysof that change. Notification regarding the change of use of the park,or any portion thereof, shall be governed by subdivision (g) ofSection 798.56. A prospective homeowner shall be notified prior tothe inception of the tenancy.798.28. The management of a mobilehome park shall disclose, inwriting, the name , business address, and business telephone numberof the mobilehome park owner upon the request of a homeowner.798.28.5. (a) Except as otherwise provided in this section, themanagement may cause the removal, pursuant to Section 22658 of theVehicle Code, of a vehicle other than a mobilehome that is parked inthe park when there is displayed a sign at each entrance to the parkas provided in paragraph (1) of subdivision (a) of Section 22658 ofthe Vehicle Code. (b) (1) Management may not cause the removal of a vehicle from ahomeowner's or resident's driveway or a homeowner's or resident'sdesignated parking space except if management has first posted on thewindshield of the vehicle a notice stating management's intent toremove the vehicle in seven days and stating the specific park rulethat the vehicle has violated that justifies its removal. After theexpiration of seven days following the posting of the notice,management may remove a vehicle that remains in violation of a rulefor which notice has been posted upon the vehicle. If a vehicle ruleviolation is corrected within seven days after the rule violationnotice is posted on the vehicle, the vehicle may not be removed. If avehicle upon which a rule violation notice has been posted isremoved from the park by a homeowner or resident and subsequently isreturned to the park still in violation of the rule stated in thenotice, management is not required to post any additional notice onthe vehicle, and the vehicle may be removed after the expiration ofthe seven-day period following the original notice posting. (2) If a vehicle poses a significant danger to the health orsafety of a park resident or guest, or if a homeowner or residentrequests to have a vehicle removed from his or her driveway ordesignated parking space, the requirements of paragraph (1) do notapply, and management may remove the vehicle pursuant to Section22658 of the Vehicle Code.798.29. The management shall post a mobilehome ombudsman signprovided by the Department of Housing and Community Development, asrequired by Section 18253.5 of the Health and Safety Code.798.29.6. The management shall not prohibit a homeowner or residentfrom installing accommodations for the disabled on the home or thesite, lot, or space on which the mobilehome is located, including,but not limited to, ramps or handrails on the outside of the home, aslong as the installation of those facilities complies with code, asdetermined by an enforcement agency, and those facilities areinstalled pursuant to a permit, if required for the installation,issued by the enforcement agency. The management may require that theaccommodations installed pursuant to this section be removed by thecurrent homeowner at the time the mobilehome is removed from the parkor pursuant to a written agreement between the current homeowner andthe management prior to the completion of the resale of themobilehome in place in the park. This section is not exclusive andshall not be construed to condition, affect, or supersede any otherprovision of law or regulation relating to accessibility oraccommodations for the disabled.