2009 California Civil Code - Section 798.70-798.83 :: Article 7. Transfer Of Mobilehome Or Mobilehome Park

CIVIL CODE
SECTION 798.70-798.83

798.70.  A homeowner, an heir, joint tenant, or personal
representative of the estate who gains ownership of a mobilehome in
the mobilehome park through the death of the owner of the mobilehome
who was a homeowner at the time of his or her death, or the agent of
any such person, may advertise the sale or exchange of his or her
mobilehome, or, if not prohibited by the terms of an agreement with
the management, may advertise the rental of his or her mobilehome, by
displaying a sign in the window of the mobilehome, or by a sign
posted on the side of the mobilehome facing the street, or by a sign
in front of the mobilehome facing the street, stating that the
mobilehome is for sale or exchange or, if not prohibited, for rent by
the owner of the mobilehome or his or her agent. Any such person
also may display a sign conforming to these requirements indicating
that the mobilehome is on display for an "open house," unless the
park rules prohibit the display of an open house sign. The sign shall
state the name, address, and telephone number of the owner of the
mobilehome or his or her agent and the sign face shall not exceed 24
inches in width and 36 inches in height. Signs posted in front of a
mobilehome pursuant to this section may be of an H-frame or A-frame
design with the sign face perpendicular to, but not extending into,
the street. Homeowners may attach to the sign or their mobilehome
tubes or holders for leaflets which provide information on the
mobilehome for sale, exchange, or rent.

798.71.  (a) (1) The management may not show or list for sale a
manufactured home or mobilehome without first obtaining the owner's
written authorization. The authorization shall specify the terms and
conditions regarding the showing or listing.
   (2) Management may require that a homeowner advise management in
writing that his or her manufactured home or mobilehome is for sale.
If management requires that a homeowner advise management in writing
that his or her manufactured home or mobilehome is for sale, failure
to comply with this requirement does not invalidate a transfer.
   (b) The management shall prohibit neither the listing nor the sale
of a manufactured home or mobilehome within the park by the
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death, or the agent of any such person other than the
management.
   (c) The management shall not require the selling homeowner, or an
heir, joint tenant, or personal representative of the estate who
gains ownership of a manufactured home or mobilehome in the
mobilehome park through the death of the owner of the manufactured
home or mobilehome who was a homeowner at the time of his or her
death, to authorize the management or any other specified broker,
dealer, or person to act as the agent in the sale of a manufactured
home or mobilehome as a condition of resale of the home in the park
or of management's approval of the buyer or prospective homeowner for
residency in the park.
   (d) The management shall not require a homeowner, who is replacing
a mobilehome or manufactured home on a space in the park, in which
he or she resides, to use a specific broker, dealer, or other person
as an agent in the purchase of or installation of the replacement
home.
   (e) Nothing in this section shall be construed as affecting the
provisions of the Health and Safety Code governing the licensing of
manufactured home or mobilehome salespersons or dealers.

798.72.  (a) The management shall not charge a homeowner, an heir,
joint tenant, or personal representative of the estate who gains
ownership of a mobilehome in the mobilehome park through the death of
the owner of the mobilehome who was a homeowner at the time of his
or her death, or the agent of any such person a transfer or selling
fee as a condition of a sale of his mobilehome within a park unless
the management performs a service in the sale. The management shall
not perform any such service in connection with the sale unless so
requested, in writing, by the homeowner, an heir, joint tenant, or
personal representative of the estate who gains ownership of a
mobilehome in the mobilehome park through the death of the owner of
the mobilehome who was a homeowner at the time of his or her death,
or the agent of any such person.
   (b) The management shall not charge a prospective homeowner or his
or her agent, upon purchase of a mobilehome, a fee as a condition of
approval for residency in a park unless the management performs a
specific service in the sale. The management shall not impose a fee,
other than for a credit check in accordance with subdivision (b) of
Section 798.74, for an interview of a prospective homeowner.

798.73.  The management shall not require the removal of a
mobilehome from the park in the event of the sale of the mobilehome
to a third party during the term of the homeowner's rental agreement
or in the 60 days following the initial notice required by paragraph
(1) of subdivision (b) of Section 798.55. However, in the event of a
sale to a third party, in order to upgrade the quality of the park,
the management may require that a mobilehome be removed from the park
where:
   (a) It is not a "mobilehome" within the meaning of Section 798.3.
   (b) It is more than 20 years old, or more than 25 years old if
manufactured after September 15, 1971, and is 20 feet wide or more,
and the mobilehome does not comply with the health and safety
standards provided in Sections 18550, 18552, and 18605 of the Health
and Safety Code and the regulations established thereunder, as
determined following an inspection by the appropriate enforcement
agency, as defined in Section 18207 of the Health and Safety Code.
   (c) The mobilehome is more than 17 years old, or more than 25
years old if manufactured after September 15, 1971, and is less than
20 feet wide, and the mobilehome does not comply with the
construction and safety standards under Sections 18550, 18552, and
18605 of the Health and Safety Code and the regulations established
thereunder, as determined following an inspection by the appropriate
enforcement agency, as defined in Section 18207 of the Health and
Safety Code.
   (d) It is in a significantly rundown condition or in disrepair, as
determined by the general condition of the mobilehome and its
acceptability to the health and safety of the occupants and to the
public, exclusive of its age. The management shall use reasonable
discretion in determining the general condition of the mobilehome and
its accessory structures. The management shall bear the burden of
demonstrating that the mobilehome is in a significantly rundown
condition or in disrepair. The management of the park may not require
repairs or improvements to the park space or property owned by the
management, except for damage caused by the actions or negligence of
the homeowner or an agent of the homeowner.
   (e) The management shall not require a mobilehome to be removed
from the park, pursuant to this section, unless the management has
provided to the homeowner notice particularly specifying the
condition that permits the removal of the mobilehome.

798.73.5.  (a) In the case of a sale or transfer of a mobilehome
that will remain in the park, the management may only require repairs
or improvements to the mobilehome, its appurtenances, or an
accessory structure that meet all of the following conditions:
   (1) Except as provided by Section 798.83, the repair or
improvement is to the mobilehome, its appurtenances, or an accessory
structure that is not owned and installed by the management.
   (2) The repair or improvement is based upon or is required by a
local ordinance or state statute or regulation relating to
mobilehomes, or a rule or regulation of the mobilehome park that
implements or enforces a local ordinance or a state statute or
regulation relating to mobilehomes.
   (3) The repair or improvement relates to the exterior of the
mobilehome, its appurtenances, or an accessory structure that is not
owned and installed by the management.
   (b) The management, in the case of sale or transfer of a
mobilehome that will remain in the park, shall provide a homeowner
with a written summary of repairs or improvements that management
requires to the mobilehome, its appurtenances, or an accessory
structure that is not owned and installed by the management no later
than 10 business days following the receipt of a request for this
information, as part of the notice required by Section 798.59. This
summary shall include specific references to park rules and
regulations, local ordinances, and state statutes and regulations
relating to mobilehomes upon which the request for repair or
improvement is based.
   (c) The provisions of this section enacted at the 1999-2000
Regular Session of the Legislature are declarative of existing law as
they pertain to allowing park management to enforce park rules and
regulations; these provisions specifically limit repairs and
improvements that can be required of a homeowner by park management
at the time of sale or transfer to the same repairs and improvements
that can be required during any other time of a residency.

798.74.  (a) The management may require the right of prior approval
of a purchaser of a mobilehome that will remain in the park and that
the selling homeowner or his or her agent give notice of the sale to
the management before the close of the sale. Approval cannot be
withheld if the purchaser has the financial ability to pay the rent
and charges of the park unless the management reasonably determines
that, based on the purchaser's prior tenancies, he or she will not
comply with the rules and regulations of the park. In determining
whether the purchaser has the financial ability to pay the rent and
charges of the park, the management shall not require the purchaser
to submit copies of any personal income tax returns in order to
obtain approval for residency in the park. However, management may
require the purchaser to document the amount and source of his or her
gross monthly income or means of financial support.
   Upon request of any prospective homeowner who proposes to purchase
a mobilehome that will remain in the park, management shall inform
that person of the information management will require in order to
determine if the person will be acceptable as a homeowner in the
park.
   Within 15 business days of receiving all of the information
requested from the prospective homeowner, the management shall notify
the seller and the prospective homeowner, in writing, of either
acceptance or rejection of the application, and the reason if
rejected. During this 15-day period the prospective homeowner shall
comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for
any reason other than those stated in this article, the management
or owner may be held liable for all damages proximately resulting
therefrom.
   (b) If the management collects a fee or charge from a prospective
purchaser of a mobilehome in order to obtain a financial report or
credit rating, the full amount of the fee or charge shall be credited
toward payment of the first month's rent for that mobilehome
purchaser. If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the
prospective purchaser the full amount of that fee or charge within 30
days from the date of rejection. If the prospective purchaser is
approved by the management, but, for whatever reason, the prospective
purchaser elects not to purchase the mobilehome, the management may
retain the fee, or a portion thereof, to defray its administrative
costs under this section.

798.74.4.  The transfer or sale of a manufactured home or mobilehome
in a mobilehome park is subject to the transfer disclosure
requirements and provisions set forth in Article 1.5 (commencing with
Section 1102) of Chapter 2 of Title 4 of Part 4 of the Civil Code.
The requirements include, but are not limited to, the use of the
Manufactured Home and Mobilehome Transfer Disclosure Statement set
forth in Section 1102.6d of the Civil Code.

798.74.5.  (a) Within two business days of receiving a request from
a prospective homeowner for an application for residency for a
specific space within a mobilehome park, if the management has been
advised that the mobilehome occupying that space is for sale, the
management shall give the prospective homeowner a separate document
in at least 12-point type entitled "INFORMATION FOR PROSPECTIVE
HOMEOWNERS," which includes the following statements:

   "As a prospective homeowner you are being provided with certain
information you should know prior to applying for tenancy in a
mobilehome park. This is not meant to be a complete list of
information.

   Owning a home in a mobilehome park incorporates the dual role of
"homeowner" (the owner of the home) and park resident or tenant (also
called a "homeowner" in the Mobilehome Residency Law). As a
homeowner under the Mobilehome Residency Law, you will be responsible
for paying the amount necessary to rent the space for your home, in
addition to other fees and charges described below. You must also
follow certain rules and regulations to reside in the park.

   If you are approved for tenancy, and your tenancy commences within
the next 30 days, your beginning monthly rent will be $____ (must be
completed by the management) for space number ____ (must be
completed by the management). Additional information regarding future
rent or fee increases may also be provided.

   In addition to the monthly rent, you will be obligated to pay to
the park the following additional fees and charges listed below.
Other fees or charges may apply depending upon your specific
requests. Metered utility charges are based on use.

  __________________________________________________
  __________________________________________________
  (Management shall describe the fee or
  charge and a good faith
  estimate of each fee or charge.)

   Some spaces are governed by an ordinance, rule, regulation, or
initiative measure that limits or restricts rents in mobilehome
parks. Long-term leases specify rent increases during the term of the
lease. By signing a rental agreement or lease for a term of more
than one year, you may be removing your rental space from a local
rent control ordinance during the term, or any extension, of the
lease if a local rent control ordinance is in effect for the area in
which the space is located.

   A fully executed lease or rental agreement, or a statement signed
by the park's management and by you stating that you and the
management have agreed to the terms and conditions of a rental
agreement, is required to complete the sale or escrow process of the
home. You have no rights to tenancy without a properly executed lease
or agreement or that statement. (Civil Code Section 798.75)

   If the management collects a fee or charge from you in order to
obtain a financial report or credit rating, the full amount of the
fee or charge will be either credited toward your first month's rent
or, if you are rejected for any reason, refunded to you. However, if
you are approved by management, but, for whatever reason, you elect
not to purchase the mobilehome, the management may retain the fee to
defray its administrative costs. (Civil Code Section 798.74)

   We encourage you to request from management a copy of the lease or
rental agreement, the park's rules and regulations, and a copy of
the Mobilehome Residency Law. Upon request, park management will
provide you a copy of each document. We urge you to read these
documents before making the decision that you want to become a
mobilehome park resident.

  Dated: _______________________
  Signature of Park Manager: _____________________
  Acknowledge Receipt by Prospective Homeowner: __"

   (b) Management shall provide a prospective homeowner, upon his or
her request, with a copy of the rules and regulations of the park and
with a copy of this chapter.
   (c) This section shall become operative on October 1, 2004.

798.75.  (a) An escrow, sale, or transfer agreement involving a
mobilehome located in a park at the time of the sale, where the
mobilehome is to remain in the park, shall contain a copy of either a
fully executed rental agreement or a statement signed by the park's
management and the prospective homeowner that the parties have agreed
to the terms and conditions of a rental agreement.
   (b) In the event the purchaser fails to execute the rental
agreement, the purchaser shall not have any rights of tenancy.
   (c) In the event that an occupant of a mobilehome has no rights of
tenancy and is not otherwise entitled to occupy the mobilehome
pursuant to this chapter, the occupant is considered an unlawful
occupant if, after a demand is made for the surrender of the
mobilehome park site, for a period of five days, the occupant refuses
to surrender the site to the mobilehome park management. In the
event the unlawful occupant fails to comply with the demand, the
unlawful occupant shall be subject to the proceedings set forth in
Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the
Code of Civil Procedure.
   (d) The occupant of the mobilehome shall not be considered an
unlawful occupant and shall not be subject to the provisions of
subdivision (c) if all of the following conditions are present:
   (1) The occupant is the registered owner of the mobilehome.
   (2) The management has determined that the occupant has the
financial ability to pay the rent and charges of the park; will
comply with the rules and regulations of the park, based on the
occupant's prior tenancies; and will comply with this article.
   (3) The management failed or refused to offer the occupant a
rental agreement.

798.75.5.  (a) The management shall provide a prospective homeowner
with a completed written disclosure form concerning the park
described in subdivision (b) at least three days prior to execution
of a rental agreement or statement signed by the park management and
the prospective homeowner that the parties have agreed to the terms
and conditions of the rental agreement. The management shall update
the information on the disclosure form annually, or, in the event of
a material change in the condition of the mobilehome park, at the
time of the material change in that condition.
   (b) The written disclosure form shall read as follows:

* * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Mobilehome Park Rental Agreement
Disclosure Form appears in the hard-copy publication of the
chaptered bill. See Sec. 1 of Chapter 517, Statutes of 1999.

* * * * * * * * * * * * * * * * *

798.76.  The management may require that a prospective purchaser
comply with any rule or regulation limiting residency based on age
requirements for housing for older persons, provided that the rule or
regulation complies with the federal Fair Housing Act, as amended by
Public Law 104-76, and implementing regulations.

798.77.  No rental or sale agreement shall contain a provision by
which the purchaser or homeowner waives his or her rights under this
chapter. Any such waiver shall be deemed contrary to public policy
and shall be void and unenforceable.

798.78.  (a) An heir, joint tenant, or personal representative of
the estate who gains ownership of a mobilehome in the mobilehome park
through the death of the owner of the mobilehome who was a homeowner
at the time of his or her death shall have the right to sell the
mobilehome to a third party in accordance with the provisions of this
article, but only if all the homeowner's responsibilities and
liabilities to the management regarding rent, utilities, and
reasonable maintenance of the mobilehome and its premises which have
arisen since the death of the homeowner have been satisfied as they
have accrued pursuant to the rental agreement in effect at the time
of the death of the homeowner up until the date the mobilehome is
resold.
   (b) In the event that the heir, joint tenant, or personal
representative of the estate does not satisfy the requirements of
subdivision (a) with respect to the satisfaction of the homeowner's
responsibilities and liabilities to the management which accrue
pursuant to the rental agreement in effect at the time of the death
of the homeowner, the management shall have the right to require the
removal of the mobilehome from the park.
   (c) Prior to the sale of a mobilehome by an heir, joint tenant, or
personal representative of the estate, that individual may replace
the existing mobilehome with another mobilehome, either new or used,
or repair the existing mobilehome so that the mobilehome to be sold
complies with health and safety standards provided in Sections 18550,
18552, and 18605 of the Health and Safety Code, and the regulations
established thereunder. In the event the mobilehome is to be
replaced, the replacement mobilehome shall also meet current
standards of the park as contained in the park's most recent written
requirements issued to prospective homeowners.
   (d) In the event the heir, joint tenant, or personal
representative of the estate desires to establish a tenancy in the
park, that individual shall comply with those provisions of this
article which identify the requirements for a prospective purchaser
of a mobilehome that remains in the park.

798.79.  (a) Any legal owner or junior lienholder who forecloses on
his or her security interest in a mobilehome located in a mobilehome
park shall have the right to sell the mobilehome within the park to a
third party in accordance with this article, but only if all of the
homeowner's responsibilities and liabilities to the management
regarding rent, utilities, and reasonable maintenance of a mobilehome
and its premises are satisfied by the foreclosing creditor as they
accrue through the date the mobilehome is resold.
   (b) In the event the legal owner or junior lienholder has received
from the management a copy of the notice of termination of tenancy
for nonpayment of rent or other charges, the foreclosing creditor's
right to sell the mobilehome within the park to a third party shall
also be governed by Section 798.56a.

798.80.  (a) Not less than 30 days nor more than one year prior to
an owner of a mobilehome park entering into a written listing
agreement with a licensed real estate broker, as defined in Article 1
(commencing with Section 10130) of Chapter 3 of Part 1 of Division 4
of the Business and Professions Code, for the sale of the park, or
offering to sell the park to any party, the owner shall provide
written notice of his or her intention to sell the mobilehome park by
first-class mail or by personal delivery to the president,
secretary, and treasurer of any resident organization formed by
homeowners in the mobilehome park as a nonprofit corporation,
pursuant to Section 23701v of the Revenue and Taxation Code, stock
cooperative corporation, or other entity for purposes of converting
the mobilehome park to condominium or stock cooperative ownership
interests and for purchasing the mobilehome park from the management
of the mobilehome park. An offer to sell a park shall not be
construed as an offer under this subdivision unless it is initiated
by the park owner or agent.
   (b) An owner of a mobilehome park shall not be required to comply
with subdivision (a) unless the following conditions are met:
   (1) The resident organization has first furnished the park owner
or park 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 park owner or
manager in writing that the park residents are interested in
purchasing the park. The initial notice by the resident organization
shall be made prior to a written listing or offer to sell the park by
the park owner, and the resident organization shall give subsequent
notice once each year thereafter that the park residents are
interested in purchasing the park.
   (3) The resident organization has furnished the park owner or park
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 8 (commencing with Section 798.84) by homeowner residents of
the park or the resident organization.
   (d) Nothing in this section affects the ability of a licensed real
estate broker, as defined in Article 1 (commencing with Section
10130) of Chapter 3 of Part 1 of Division 4 of the Business and
Professions Code, to collect a commission pursuant to an executed
contract between the broker and the mobilehome park owner.
   (e) Subdivision (a) does not apply to any of the following:
   (1) Any sale or other transfer by a park 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 mobilehome
park 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 mobilehome park.
   (7) The purchase of a mobilehome park by a governmental entity
under its powers of eminent domain.

798.81.  The management (1) shall not prohibit the listing or sale
of a used mobilehome within the park by the homeowner, an heir, joint
tenant, or personal representative of the estate who gains ownership
of a mobilehome in the mobilehome park through the death of the
owner of the mobilehome who was a homeowner at the time of his or her
death, or the agent of any such person other than the management,
(2) nor require the selling homeowner to authorize the management to
act as the agent in the sale of a mobilehome as a condition of
approval of the buyer or prospective homeowner for residency in the
park.

798.82.  The management, at the time of an application for
residency, shall disclose in writing to any person who proposes to
purchase or install a manufactured home or mobilehome on a space, on
which the construction of the pad or foundation system commenced
after September 1, 1986, and no other manufactured home or mobilehome
was previously located, installed, or occupied, that the
manufactured home or mobilehome may be subject to a school facilities
fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing
with Section 65995) of Division 1 of Title 7 of, the Government
Code.

798.83.  In the case of a sale or transfer of a mobilehome that will
remain in the park, the management of the park shall not require
repairs or improvements to the park space or property owned by the
management, except for damage caused by the actions or negligence of
the homeowner or an agent of the homeowner.

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