800.30. Each common area facility shall be open or available to
residents at all reasonable hours, and the hours of the common area
facility shall be posted at the facility.
800.31. A rule or regulation of the floating home marina may be
amended at any time with the consent of a homeowner, or without his
or her consent upon written notice to him or her of not less than six
months. Written notice to a new homeowner, whose tenancy commences
within the required period of notice, of a proposed amendment shall
constitute compliance with this section where the written notice is
given to him or her before the inception of his or her tenancy.
800.32. (a) Except as provided in subdivision (b), and
notwithstanding any other provision of law to the contrary, the
ownership or management of a floating home marina, cooperative, or
condominium for floating homes shall have no right of entry to a
floating home without the prior written consent of the resident. This
consent may be revoked in writing by the resident at any time. The
ownership or management shall have a right of entry into the berth in
which a floating home is situated for correction of what management
determines to be a hazardous condition at any time, or for
maintenance of utilities, docks, and common areas 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 floating home marina,
cooperative, or condominium may enter a floating home without the
prior written consent of the resident in case of an emergency or when
the resident has abandoned the floating home.
800.33. (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
floating home marina operates, (2) if the floating home marina is
operating pursuant to a permit subject to a renewal or expiration
date, the relevant information and dates shall be included in the
notice, and (3) the duration of any lease of the floating home
marina, 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 floating home marina operates, a change occurs to the lease
under which the management is a lessee and that change could affect
the homeowner, including the termination of the lease, litigation
occurs regarding termination of the lease, or expiration of a use
permit occurs, all homeowners shall be given written notice at least
30 days prior to the effective date of the change. Notification
regarding the change of use of the floating home marina, or any
portion thereof, shall be governed by subdivision (f) of Section
800.71. A prospective homeowner shall be notified prior to the
inception of the tenancy.
800.34. The management of a floating home marina shall disclose, in
writing, the name and address of the floating home marina owner upon
the request of a homeowner.
800.35. (a) The management of a floating home marina may enter a
floating home, which is owned by the marina, only upon the prior
written consent of the renter, except:
(1) In case of an emergency.
(2) Upon reasonable notice and during regular business hours, to
make necessary or agreed repairs.
(3) When the homeowner has abandoned the premises.
(4) Pursuant to court order.
(b) The management of a floating home marina may enter a floating
home, not owned by the marina, only upon prior written consent,
except:
(1) In case of an emergency.
(2) When the homeowner has abandoned the premises.
(3) Pursuant to a court order.
800.36. (a) A floating home not owned by a floating home marina
shall be deemed abandoned by the homeowner, and the lease shall
terminate, if the floating home marina gives written notice of its
belief of abandonment as provided in this section and the homeowner
fails to give the marina written notice, prior to the date of
termination specified in the marina's notice, stating that he or she
does not intend to abandon the floating home and stating an address
at which the homeowner may be served by certified mail in any action
for unlawful detainer of the marina.
(b) The marina may give a notice of belief of abandonment to the
homeowner pursuant to this section only where the rent on the marina
has been due and unpaid for at least 45 consecutive days and the
marina management reasonably believes that the homeowner has
abandoned the floating home. The date of termination of the lease
shall be specified in the marina's notice and shall be not less than
15 days after the notice is served personally or, if mailed, not less
than 18 days after the notice is deposited in the mail.
(c) The marina's notice of belief of abandonment shall be
personally delivered to the homeowner or sent by first-class mail,
postage prepaid, to the homeowner at his or her last known address
and, if there is reason to believe that the notice sent to that
address will not be received by the homeowner, also to such other
address, if any, known to the marina where the homeowner may
reasonably be expected to receive the notice.
(d) The notice of belief of abandonment shall be in substantially
the following form:
Notice of
Belief of
Abandonment
To:
_________
(Name of
___________
homeowner)
_________
(Address
__
of
___________
homeowner)
This notice is given pursuant to Section 800.36 of the Civil Code
concerning the floating home marina leased by you at ________ (state
location of the property by address or other sufficient description).
The rent on this marina has been due and unpaid for 45 consecutive
days and the marina believes that you have abandoned the floating
home.
The floating home will be deemed abandoned within the meaning of
Section 1951.2 of the Civil Code and your lease will terminate on
____ (here insert a date not less than 15 days after this notice is
served personally or, if mailed, not less than 18 days after this
notice is deposited in the mail) unless before that date the
undersigned receives at the address indicated below a written notice
from you stating both of the following:
(1) Your intent not to abandon the floating home.
(2) An address at which you may be served by certified mail in any
action for unlawful detainer of the floating home marina.
You are required to pay the rent due and unpaid on this marina as
required by the lease, and your failure to do so can lead to a court
proceeding against you.
Dated: ________________________________
___________
(Signature
_________
of marina
_________
manager /
_______
owner)
_________
(Type or
__________
print name
_________
of marina
_________
manager /
_______
owner)
_________
(Address
________
to which
___
the
_________
homeowner
__________
is to send
________
notice)
(e) The floating home shall not be deemed to be abandoned pursuant
to this section if the homeowner proves any of the following:
(1) At the time the notice of belief of abandonment was given, the
rent was not due and unpaid for 45 consecutive days.
(2) At the time the notice of belief of abandonment was given, it
was not reasonable for the marina to believe that the homeowner had
abandoned the floating home. The fact that the marina management knew
that the homeowner left personal property on the floating home does
not, of itself, justify a finding that the marina management did not
reasonably believe that the homeowner had abandoned the floating
home.
(3) Prior to the date specified in the marina's notice, the
homeowner gave written notice to the lessor stating his or her intent
not to abandon the floating home and stating an address at which he
or she may be served by certified mail in any action for unlawful
detainer of the marina.
(4) During the period commencing 45 days before the time the
notice of belief of abandonment was given and ending on the date the
lease would have terminated pursuant to the notice, the homeowner
paid to the marina all or a portion of the rent due and unpaid.
(f) Nothing in this section precludes the marina or the homeowner
from otherwise proving that the floating home has been abandoned by
the homeowner within the meaning of Section 1951.2.
(g) Nothing in this section precludes the marina from serving a
notice requiring the homeowner to pay rent or quit as provided in
Section 800.71 at any time permitted by that section, or affects the
time and manner of giving any other notice required or permitted by
law. The giving of the notice provided by this section does not
satisfy the requirements of Sections 1161 and 1162 of the Code of
Civil Procedure.
800.37. A floating home which is owned by a floating home marina
shall be deemed abandoned according to the procedures and
requirements of Section 1951.3.
800.30. Each common area facility shall be open or available to
residents at all reasonable hours, and the hours of the common area
facility shall be posted at the facility.
800.31. A rule or regulation of the floating home marina may be
amended at any time with the consent of a homeowner, or without his
or her consent upon written notice to him or her of not less than six
months. Written notice to a new homeowner, whose tenancy commences
within the required period of notice, of a proposed amendment shall
constitute compliance with this section where the written notice is
given to him or her before the inception of his or her tenancy.
800.32. (a) Except as provided in subdivision (b), and
notwithstanding any other provision of law to the contrary, the
ownership or management of a floating home marina, cooperative, or
condominium for floating homes shall have no right of entry to a
floating home without the prior written consent of the resident. This
consent may be revoked in writing by the resident at any time. The
ownership or management shall have a right of entry into the berth in
which a floating home is situated for correction of what management
determines to be a hazardous condition at any time, or for
maintenance of utilities, docks, and common areas 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 floating home marina,
cooperative, or condominium may enter a floating home without the
prior written consent of the resident in case of an emergency or when
the resident has abandoned the floating home.
800.33. (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
floating home marina operates, (2) if the floating home marina is
operating pursuant to a permit subject to a renewal or expiration
date, the relevant information and dates shall be included in the
notice, and (3) the duration of any lease of the floating home
marina, 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 floating home marina operates, a change occurs to the lease
under which the management is a lessee and that change could affect
the homeowner, including the termination of the lease, litigation
occurs regarding termination of the lease, or expiration of a use
permit occurs, all homeowners shall be given written notice at least
30 days prior to the effective date of the change. Notification
regarding the change of use of the floating home marina, or any
portion thereof, shall be governed by subdivision (f) of Section
800.71. A prospective homeowner shall be notified prior to the
inception of the tenancy.
800.34. The management of a floating home marina shall disclose, in
writing, the name and address of the floating home marina owner upon
the request of a homeowner.
800.35. (a) The management of a floating home marina may enter a
floating home, which is owned by the marina, only upon the prior
written consent of the renter, except:
(1) In case of an emergency.
(2) Upon reasonable notice and during regular business hours, to
make necessary or agreed repairs.
(3) When the homeowner has abandoned the premises.
(4) Pursuant to court order.
(b) The management of a floating home marina may enter a floating
home, not owned by the marina, only upon prior written consent,
except:
(1) In case of an emergency.
(2) When the homeowner has abandoned the premises.
(3) Pursuant to a court order.
800.36. (a) A floating home not owned by a floating home marina
shall be deemed abandoned by the homeowner, and the lease shall
terminate, if the floating home marina gives written notice of its
belief of abandonment as provided in this section and the homeowner
fails to give the marina written notice, prior to the date of
termination specified in the marina's notice, stating that he or she
does not intend to abandon the floating home and stating an address
at which the homeowner may be served by certified mail in any action
for unlawful detainer of the marina.
(b) The marina may give a notice of belief of abandonment to the
homeowner pursuant to this section only where the rent on the marina
has been due and unpaid for at least 45 consecutive days and the
marina management reasonably believes that the homeowner has
abandoned the floating home. The date of termination of the lease
shall be specified in the marina's notice and shall be not less than
15 days after the notice is served personally or, if mailed, not less
than 18 days after the notice is deposited in the mail.
(c) The marina's notice of belief of abandonment shall be
personally delivered to the homeowner or sent by first-class mail,
postage prepaid, to the homeowner at his or her last known address
and, if there is reason to believe that the notice sent to that
address will not be received by the homeowner, also to such other
address, if any, known to the marina where the homeowner may
reasonably be expected to receive the notice.
(d) The notice of belief of abandonment shall be in substantially
the following form:
Notice of
Belief of
Abandonment
To:
_________
(Name of
___________
homeowner)
_________
(Address
__
of
___________
homeowner)
This notice is given pursuant to Section 800.36 of the Civil Code
concerning the floating home marina leased by you at ________ (state
location of the property by address or other sufficient description).
The rent on this marina has been due and unpaid for 45 consecutive
days and the marina believes that you have abandoned the floating
home.
The floating home will be deemed abandoned within the meaning of
Section 1951.2 of the Civil Code and your lease will terminate on
____ (here insert a date not less than 15 days after this notice is
served personally or, if mailed, not less than 18 days after this
notice is deposited in the mail) unless before that date the
undersigned receives at the address indicated below a written notice
from you stating both of the following:
(1) Your intent not to abandon the floating home.
(2) An address at which you may be served by certified mail in any
action for unlawful detainer of the floating home marina.
You are required to pay the rent due and unpaid on this marina as
required by the lease, and your failure to do so can lead to a court
proceeding against you.
Dated: ________________________________
___________
(Signature
_________
of marina
_________
manager /
_______
owner)
_________
(Type or
__________
print name
_________
of marina
_________
manager /
_______
owner)
_________
(Address
________
to which
___
the
_________
homeowner
__________
is to send
________
notice)
(e) The floating home shall not be deemed to be abandoned pursuant
to this section if the homeowner proves any of the following:
(1) At the time the notice of belief of abandonment was given, the
rent was not due and unpaid for 45 consecutive days.
(2) At the time the notice of belief of abandonment was given, it
was not reasonable for the marina to believe that the homeowner had
abandoned the floating home. The fact that the marina management knew
that the homeowner left personal property on the floating home does
not, of itself, justify a finding that the marina management did not
reasonably believe that the homeowner had abandoned the floating
home.
(3) Prior to the date specified in the marina's notice, the
homeowner gave written notice to the lessor stating his or her intent
not to abandon the floating home and stating an address at which he
or she may be served by certified mail in any action for unlawful
detainer of the marina.
(4) During the period commencing 45 days before the time the
notice of belief of abandonment was given and ending on the date the
lease would have terminated pursuant to the notice, the homeowner
paid to the marina all or a portion of the rent due and unpaid.
(f) Nothing in this section precludes the marina or the homeowner
from otherwise proving that the floating home has been abandoned by
the homeowner within the meaning of Section 1951.2.
(g) Nothing in this section precludes the marina from serving a
notice requiring the homeowner to pay rent or quit as provided in
Section 800.71 at any time permitted by that section, or affects the
time and manner of giving any other notice required or permitted by
law. The giving of the notice provided by this section does not
satisfy the requirements of Sections 1161 and 1162 of the Code of
Civil Procedure.
800.37. A floating home which is owned by a floating home marina
shall be deemed abandoned according to the procedures and
requirements of Section 1951.3.
800.30. Each common area facility shall be open or available to
residents at all reasonable hours, and the hours of the common area
facility shall be posted at the facility.
800.31. A rule or regulation of the floating home marina may be
amended at any time with the consent of a homeowner, or without his
or her consent upon written notice to him or her of not less than six
months. Written notice to a new homeowner, whose tenancy commences
within the required period of notice, of a proposed amendment shall
constitute compliance with this section where the written notice is
given to him or her before the inception of his or her tenancy.
800.32. (a) Except as provided in subdivision (b), and
notwithstanding any other provision of law to the contrary, the
ownership or management of a floating home marina, cooperative, or
condominium for floating homes shall have no right of entry to a
floating home without the prior written consent of the resident. This
consent may be revoked in writing by the resident at any time. The
ownership or management shall have a right of entry into the berth in
which a floating home is situated for correction of what management
determines to be a hazardous condition at any time, or for
maintenance of utilities, docks, and common areas 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 floating home marina,
cooperative, or condominium may enter a floating home without the
prior written consent of the resident in case of an emergency or when
the resident has abandoned the floating home.
800.33. (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
floating home marina operates, (2) if the floating home marina is
operating pursuant to a permit subject to a renewal or expiration
date, the relevant information and dates shall be included in the
notice, and (3) the duration of any lease of the floating home
marina, 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 floating home marina operates, a change occurs to the lease
under which the management is a lessee and that change could affect
the homeowner, including the termination of the lease, litigation
occurs regarding termination of the lease, or expiration of a use
permit occurs, all homeowners shall be given written notice at least
30 days prior to the effective date of the change. Notification
regarding the change of use of the floating home marina, or any
portion thereof, shall be governed by subdivision (f) of Section
800.71. A prospective homeowner shall be notified prior to the
inception of the tenancy.
800.34. The management of a floating home marina shall disclose, in
writing, the name and address of the floating home marina owner upon
the request of a homeowner.
800.35. (a) The management of a floating home marina may enter a
floating home, which is owned by the marina, only upon the prior
written consent of the renter, except:
(1) In case of an emergency.
(2) Upon reasonable notice and during regular business hours, to
make necessary or agreed repairs.
(3) When the homeowner has abandoned the premises.
(4) Pursuant to court order.
(b) The management of a floating home marina may enter a floating
home, not owned by the marina, only upon prior written consent,
except:
(1) In case of an emergency.
(2) When the homeowner has abandoned the premises.
(3) Pursuant to a court order.
800.36. (a) A floating home not owned by a floating home marina
shall be deemed abandoned by the homeowner, and the lease shall
terminate, if the floating home marina gives written notice of its
belief of abandonment as provided in this section and the homeowner
fails to give the marina written notice, prior to the date of
termination specified in the marina's notice, stating that he or she
does not intend to abandon the floating home and stating an address
at which the homeowner may be served by certified mail in any action
for unlawful detainer of the marina.
(b) The marina may give a notice of belief of abandonment to the
homeowner pursuant to this section only where the rent on the marina
has been due and unpaid for at least 45 consecutive days and the
marina management reasonably believes that the homeowner has
abandoned the floating home. The date of termination of the lease
shall be specified in the marina's notice and shall be not less than
15 days after the notice is served personally or, if mailed, not less
than 18 days after the notice is deposited in the mail.
(c) The marina's notice of belief of abandonment shall be
personally delivered to the homeowner or sent by first-class mail,
postage prepaid, to the homeowner at his or her last known address
and, if there is reason to believe that the notice sent to that
address will not be received by the homeowner, also to such other
address, if any, known to the marina where the homeowner may
reasonably be expected to receive the notice.
(d) The notice of belief of abandonment shall be in substantially
the following form:
Notice of
Belief of
Abandonment
To:
_________
(Name of
___________
homeowner)
_________
(Address
__
of
___________
homeowner)
This notice is given pursuant to Section 800.36 of the Civil Code
concerning the floating home marina leased by you at ________ (state
location of the property by address or other sufficient description).
The rent on this marina has been due and unpaid for 45 consecutive
days and the marina believes that you have abandoned the floating
home.
The floating home will be deemed abandoned within the meaning of
Section 1951.2 of the Civil Code and your lease will terminate on
____ (here insert a date not less than 15 days after this notice is
served personally or, if mailed, not less than 18 days after this
notice is deposited in the mail) unless before that date the
undersigned receives at the address indicated below a written notice
from you stating both of the following:
(1) Your intent not to abandon the floating home.
(2) An address at which you may be served by certified mail in any
action for unlawful detainer of the floating home marina.
You are required to pay the rent due and unpaid on this marina as
required by the lease, and your failure to do so can lead to a court
proceeding against you.
Dated: ________________________________
___________
(Signature
_________
of marina
_________
manager /
_______
owner)
_________
(Type or
__________
print name
_________
of marina
_________
manager /
_______
owner)
_________
(Address
________
to which
___
the
_________
homeowner
__________
is to send
________
notice)
(e) The floating home shall not be deemed to be abandoned pursuant
to this section if the homeowner proves any of the following:
(1) At the time the notice of belief of abandonment was given, the
rent was not due and unpaid for 45 consecutive days.
(2) At the time the notice of belief of abandonment was given, it
was not reasonable for the marina to believe that the homeowner had
abandoned the floating home. The fact that the marina management knew
that the homeowner left personal property on the floating home does
not, of itself, justify a finding that the marina management did not
reasonably believe that the homeowner had abandoned the floating
home.
(3) Prior to the date specified in the marina's notice, the
homeowner gave written notice to the lessor stating his or her intent
not to abandon the floating home and stating an address at which he
or she may be served by certified mail in any action for unlawful
detainer of the marina.
(4) During the period commencing 45 days before the time the
notice of belief of abandonment was given and ending on the date the
lease would have terminated pursuant to the notice, the homeowner
paid to the marina all or a portion of the rent due and unpaid.
(f) Nothing in this section precludes the marina or the homeowner
from otherwise proving that the floating home has been abandoned by
the homeowner within the meaning of Section 1951.2.
(g) Nothing in this section precludes the marina from serving a
notice requiring the homeowner to pay rent or quit as provided in
Section 800.71 at any time permitted by that section, or affects the
time and manner of giving any other notice required or permitted by
law. The giving of the notice provided by this section does not
satisfy the requirements of Sections 1161 and 1162 of the Code of
Civil Procedure.
800.37. A floating home which is owned by a floating home marina
shall be deemed abandoned according to the procedures and
requirements of Section 1951.3.
