2007 California Civil Code Article 3. Rules And Regulations

CA Codes (civ:798.24-798.29.5)

CIVIL CODE
SECTION 798.24-798.29.5



798.24.  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.



798.25.  (a) Except as provided in subdivision (d), 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's rules and regulations and shall state the date, time, and
location of the meeting.
   (b) Except as provided in subdivision (d) following the meeting
and consultation with the homeowners, the noticed amendment to the
park's 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) or (d) shall constitute
compliance with this section 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 may implement the amendment to the park's
rules and regulations, as to any homeowner, with the consent of that
homeowner or without the homeowner's consent upon written notice of
not less than 60 days. For purposes of this subdivision, the
management shall specify in the notice the citation to the statute,
ordinance, or regulation, including the 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 has not been expressly
agreed upon by the homeowner and management in the written rental
agreement or lease, shall be void and unenforceable.



798.25.5.  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.



798.26.  (a) Except as provided in subdivision (b), the ownership or
management of a park shall have no right of entry to a mobilehome
without the prior written consent of the resident.  The 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, trees, and
driveways, for maintenance of the premises in accordance with the
rules and regulations of the park when the homeowner or resident
fails to so maintain the premises, and protection of the mobilehome
park at any reasonable time, but not in a manner or at a time that
would interfere with the resident's quiet enjoyment.
   (b) The ownership or management of a park 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.



798.27.  (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.



798.28.  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.



798.28.5.  (a) Except as otherwise provided in this section, the
management may cause the removal, pursuant to Section 22658 of the
Vehicle Code, of a vehicle other than a mobilehome that 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.
   (b) (1) 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.
   (2) 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 Section
22658 of the Vehicle Code.



798.29.  The management shall 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.



798.29.5.  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.


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