2010 California Code
Civil Code
Article 3. Rules And Regulations

798.23.  (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) Subdivision (a) of this section does 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.



798.23.5.  (a) (1) 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.
   (2) 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:
   (1) 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.
   (2) 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.
   (3) 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 judgement 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.
   (4) The homeowner shall remain liable for the mobilehome park rent
and other park charges.
   (5) 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.
   (6) 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.
   (7) 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.




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 or
enclosed accessory structure 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
or enclosed accessory structure without the prior written consent of
the resident in case of an emergency or when the resident has
abandoned the mobilehome or accessory structure.



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.



798.29.6.  The management shall not prohibit a homeowner or resident
from installing accommodations for the disabled on the home or the
site, lot, or space on which the mobilehome is located, including,
but not limited to, ramps or handrails on the outside of the home, as
long as the installation of those facilities complies with code, as
determined by an enforcement agency, and those facilities are
installed pursuant to a permit, if required for the installation,
issued by the enforcement agency. The management may require that the
accommodations installed pursuant to this section be removed by the
current homeowner at the time the mobilehome is removed from the park
or pursuant to a written agreement between the 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 or regulation relating to accessibility or
accommodations for the disabled.