MRL Article 3 - Rules and Regulations
798.23 APPLICATION TO 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 andregulations, to the same extent as residents and their guests.
(b) Subdivision (a) of this section does not apply to either of the following:
Any rule or regulation that governs the age of any resident or guest.
Acts of a park owner or park employee which are undertaken to fulfill a park owner’s maintenance, management, and business operation responsibilities.
(Amended by Stats. 2002, Chap. 672 (SB 1410, Chesbro), eff. 1/1/2003)
- Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section.
- A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician.
(b) The following provisions shall apply to a rental or sublease pursuant to this section:
- The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term.
- The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may charge a prospective sublessee a credit screening fee for the actual cost of any personal reference check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the management or his or her agent requires that personal reference check or consumer credit report.
- The renter or sublessee shall comply with all rules and regulations of the park. The failure of a renter or sublessee to comply with the rules and regulations of the park may result in the termination of the homeowner’s tenancy in the mobilehome park, in accordance with Section 798.56. A homeowner’s tenancy may not be terminated under this paragraph if the homeowner completes an action for unlawful detainer or executes a judgment for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the homeowner receiving notice of termination of tenancy.
- The homeowner shall remain liable for the mobilehome park rent and other park charges.
- The management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space.
- Notwithstanding subdivision (a) of Section 798.39, if a security deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months’ rent in addition to the first month’s rent.Management may retain this security deposit for the duration of the term of the rental or sublease.
- The homeowner shall keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representative.
(c) A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any.
(Added by Stats. 2002, Chap. 672 (SB 1410, Chesbro), eff. 1/1/2003)
798.24 POSTING OF COMMON AREA FACILITY HOURS
Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common areafacility shall be posted at the facility.
(Amended by Stats. 2001, Chap. 83 (AB 1202, Harman), eff. 1/1/2002)
798.25 AMENDMENTS TO RULES AND REGULATIONS – NOTICE
(a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules andregulations, 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 noticeshall set forth the proposed amendment to the park’s rules and regulations and shall state the date, time, and locationof the meeting.
(b) Except as provided in subdivision (d), following the meeting and consultation with the homeowners, the noticedamendment to the park’s rules and regulations may be implemented, as to any homeowner, with the consent of thathomeowner, or without the homeowner’s consent upon written notice of not less than six months, except forregulations applicable to recreational facilities, which may be amended without homeowner consent upon writtennotice of not less than 60 days.
(c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposedamendment to the park’s rules and regulations under subdivision (b) or (d) shall constitute compliance with thissection where the written notice is given before the inception of the tenancy.
(d) When the management proposes an amendment to the park's rules and regulations mandated by a change in the law,including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management mayimplement the amendment to the park’s rules and regulations, as to any homeowner, with the consent of thathomeowner or without the homeowner's consent upon written notice of not less than 60 days. For purposes of thissubdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, includingthe section number, that necessitates the proposed amendment to the park's rules and regulations.
(e) Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that hasnot been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shallbe void and unenforceable.
(Amended by Stats. 2005, Chap. 22 (SB 1108, Committee on Judiciary), eff. 1/1/2006)
The following intent language appears in Section 2 of SB 351 (Chap. 323, Stat. 1999) but not in this code:
“The Legislature finds and declares that this act is intended to prohibit park owners from amending park rules and regulationsto impose new fees on park residents. The act is not intended to limit the provisions of Article 4 (commencing with Section798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code) with respect to the imposition of fees.”
798.25.5VOID AND UNENFORCEABLE RULES OR REGULATIONS
Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implementedwithout the consent of the homeowners, and (c) by its terms purports to deny homeowners their right to a trial by jury orwhich would mandate binding arbitration of any dispute between the management and homeowners shall be void andunenforceable.
(Added by Stats. 1993, Chap. 889 (AB 1012, Bornstein), eff. 1/1/1994)
798.26 MANAGEMENT ENTRY INTO MOBILEHOMES
(a) Except as provided in subdivision (b), the ownership or management of a park have no right of entry to a mobilehomeor enclosed accessory structure without the prior written consent of the resident. The consent may be revoked inwriting by the resident at any time. The ownership or management shall have a right of entry upon the land uponwhich a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises inaccordance with the rules and regulations of the park when the homeowner or resident fails to so maintain thepremises, and protection of the mobilehome park at any reasonable time, but not in a manner or at a time whichwould interfere with the resident’s quiet enjoyment.
(b) The ownership or management of a park may enter a mobilehome or enclosed accessory structure without the priorwritten consent of the resident in case of an emergency or when the resident has abandoned the mobilehome oraccessory structure.
(Amended by Stats. 2008, Chap. 115 (SB 1234, Correa), eff. 1/1/2009)
798.27 NOTICE OF ZONING OR USE PERMIT AND DURATION OF LEASE
(a) The management shall give written notice to all homeowners and prospective homeowners concerning the followingmatters:
The nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park isoperating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shallbe included in the notice.
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 themanagement is a lessee, all homeowners shall be given written notice within 30 days of that change. Notificationregarding 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.
(Amended by Stats. 1991, Chap. 190 (AB 600, Chacon), eff. 1/1/1992)
798.28 DISCLOSURE OF MOBILEHOME PARK OWNER’S NAME
The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, andbusiness telephone number of the mobilehome park owner upon the request of a homeowner.
(Amended by Stats. 20171991, Chap. 62 (AB 294, Gipson), eff. 1/1/2018)
798.28.5 VEHICLE REMOVAL FROM PARK
(a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 ofthe Vehicle Code, of a vehicle other than a mobilehome that is parked in the park when there is displayed a sign ateach entrance to the park as provided in paragraph (1) of subdivision (a) of Section 22658 of the Vehicle Code.
- Management may not cause the removal of a vehicle from a homeowner's or resident's driveway or a homeowner's or resident's designated parking space except if management has first posted on the windshield of the vehicle a notice stating management's intent to remove the vehicle in seven days and stating the specific park rule that the vehicle has violated that justifies its removal. After the expiration of seven days following the posting of the notice, management may remove a vehicle that remains in violation of a rule for which notice has been posted upon the vehicle. If a vehicle rule violation is corrected within seven days after the rule violation notice is posted on the vehicle, the vehicle may not be removed. If a vehicle upon which a rule violation notice has been posted is removed from the park by a homeowner or resident and subsequently is returned to the park still in violation of the rule stated in the notice, management is not required to post any additional notice on the vehicle, and the vehicle may be removed after the expiration of the seven-day period following the original notice posting
- If a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from his or her driveway or designated parking space, the requirements of paragraph (1) do not apply, and management may remove the vehicle pursuant to Section22658 of the Vehicle Code.
(Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005)
798.29 NOTICE OF MOBILEHOME ASSISTANCE CENTER
The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and CommunityDevelopment, as required by Section 18253.5 of the Health and Safety Code.
(Amended by Stats. 2018, Ch. 957, Sec. 1. (SB 1078) Effective January 1, 2019.)
798.29.6 INSTALLATION OF ACCOMMODATIONS FOR THE DISABLED
The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the homeor the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on theoutside of the home, as long as the installation of those facilities complies with code, as determined by an enforcementagency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcementagency. The management may require that the accommodations installed pursuant to this section be removed by thecurrent homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement betweenthe current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park.This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law orregulation relating to accessibility or accommodations for the disabled.
(Added by Stats. 2008, Chap. 170 (SB 1107, Correa), eff. 1/1/2009)