2010 California Code
Civil Code
Article 8. Transfer Of A Floating Home Marina

CIVIL CODE
SECTION 800.100



800.100.  (a) When the owner of a floating home marina enters into a
written listing agreement with a licensed real estate broker, as
defined in Article 1 (commencing with Section 10130) of Chapter 2 of
Part 1 of Division 4 of the Business and Professions Code, for the
sale of the marina or offers to sell the marina to any party, the
owner shall provide written notice by first-class mail or by personal
delivery to the president, secretary, and treasurer of the resident
organization, not less than 30 days but no more than one year prior
to entering into any written listing agreement for the sale of the
marina, or making any offer to sell the marina to any party. An offer
to sell a marina shall not be construed as an offer under this
subdivision unless it is initiated by the marina owner or his or her
agent.
   (b) An owner of a floating home marina is not required to comply
with subdivision (a) unless the following conditions are met:
   (1) The resident organization has first furnished the marina owner
or marina manager a written notice of the name and address of the
president, secretary, and treasurer of the resident organization to
whom the notice of sale shall be given.
   (2) The resident organization has first notified the marina owner
or manager in writing that the marina residents are interested in
purchasing the marina. The initial notice by the resident
organization shall be made prior to a written listing or offer to
sell the marina by the marina owner, and the resident organization
shall give subsequent notice once each year thereafter that the
marina residents are interested in purchasing the marina.
   (3) The resident organization has furnished the marina owner or
marina manager a written notice, within five days, of any change in
the name or address of the officers of the resident organization to
whom the notice of sale shall be given.
   (c) Nothing in this section affects the validity of title to real
property transferred in violation of this section, although a
violation shall subject the seller to civil action pursuant to
Article 9 (commencing with Section 800.200) by homeowner residents of
the marina or by the resident organization.
   (d) Nothing in this section affects the ability of a licensed real
estate broker to collect a commission pursuant to an executed
contract between the broker and the floating home marina owner.
   (e) This section does not apply to any of the following:
   (1) Any sale or other transfer by a marina owner who is a natural
person to any relation specified in Section 6401 or 6402 of the
Probate Code.
   (2) Any transfer by gift, devise, or operation of law.
   (3) Any transfer by a corporation to an affiliate. As used in this
paragraph, "affiliate" means any shareholder of the transferring
corporation, any corporation or entity owned or controlled, directly
or indirectly, by the transferring corporation, or any other
corporation or entity controlled, directly or indirectly, by any
shareholder of the transferring corporation.
   (4) Any transfer by a partnership to any of its partners.
   (5) Any conveyance resulting from the judicial or nonjudicial
foreclosure of a mortgage or deed of trust encumbering a floating
home marina or any deed given in lieu of such a foreclosure.
   (6) Any sale or transfer between or among joint tenants or tenants
in common owning a floating home marina.
   (7) The purchase of a floating home marina by a governmental
entity under its powers of eminent domain.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.