2009 California Civil Code - Section 799-799.11 :: Article 9. Subdivisions, Cooperatives, And Condominiums

CIVIL CODE
SECTION 799-799.11

799.  As used in this article:
   (a) "Ownership or management" means the ownership or management of
a subdivision, cooperative, or condominium for mobilehomes, or of a
resident-owned mobilehome park.
   (b) "Resident" means a person who maintains a residence in a
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park.
   (c) "Resident-owned mobilehome park" means any entity other than a
subdivision, cooperative, or condominium for mobilehomes, through
which the residents have an ownership interest in the mobilehome
park.

799.1.  This article shall govern the rights of a resident who has
an ownership interest in the subdivision, cooperative, or condominium
for mobilehomes, or a resident-owned mobilehome park in which his or
her mobilehome is located or installed. In a subdivision,
cooperative, or condominium for mobilehomes, or a resident-owned
mobilehome park, Articles 1 (commencing with Section 798) to 8
(commencing with Section 798.84), inclusive, shall apply only to a
resident who does not have an ownership interest in the subdivision,
cooperative, or condominium for mobilehomes, or the resident-owned
mobilehome park, in which his or her mobilehome is located or
installed.

799.1.5.  A homeowner or resident, or an heir, joint tenant, or
personal representative of the estate who gains ownership of a
mobilehome through the death of the resident of the mobilehome who
was a resident at the time of his or her death, or the agent of any
of those persons, may advertise the sale or exchange of his or her
mobilehome or, if not prohibited by the terms of an agreement with
the management or ownership, 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. The sign face may 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. A homeowner or resident, or an heir,
joint tenant, or personal representative of the estate who gains
ownership of a mobilehome through the death of the resident of the
mobilehome who was a resident at the time of his or her death, or the
agent of any of those persons, may attach to the sign or their
mobilehome tubes or holders for leaflets that provide information on
the mobilehome for sale, exchange, or rent.

799.2.  The ownership or management shall not show or list for sale
a mobilehome owned by a resident without first obtaining the resident'
s written authorization. The authorization shall specify the terms
and conditions regarding the showing or listing.
   Nothing contained in this section shall be construed to affect the
provisions of the Health and Safety Code governing the licensing of
mobilehome salesmen.

799.2.5.  (a) Except as provided in subdivision (b), the ownership
or management 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 subdivision, cooperative, or condominium for
mobilehomes, or resident-owned mobilehome park when the homeowner or
resident fails to so maintain the premises, and protection of the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned 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 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.

799.3.  The ownership or management shall not require the removal of
a mobilehome from a subdivision, cooperative, or condominium for
mobilehomes, or resident-owned mobilehome park in the event of its
sale to a third party.

799.4.  The ownership or management may require the right to prior
approval of the purchaser of a mobilehome that will remain in the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park and that the selling resident, or his
or her agent give notice of the sale to the ownership or management
before the close of the sale. Approval cannot be withheld if the
purchaser has the financial ability to pay the fees and charges of
the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park unless the ownership or management
reasonably determines that, based on the purchaser's prior
residences, he or she will not comply with the rules and regulations
of the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park.

799.5.  The ownership or management may require that a purchaser of
a mobilehome that will remain in the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park 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 provisions of the federal Fair Housing
Act, as amended by Public Law 104-76, and implementing regulations.

799.6.  No agreement shall contain any provision by which the
purchaser waives his or her rights under the provisions of this
article. Any such waiver shall be deemed contrary to public policy
and void and unenforceable.

799.7.  The ownership or 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 subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park, if
the interruption is not due to an emergency. The ownership or
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.

799.8.  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 or lot, 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.

799.9.  (a) A homeowner may share his or her mobilehome with any
person 18 years of age or older if that person is providing live-in
health care, live-in supportive care, or supervision to the homeowner
pursuant to a written treatment plan prepared by a physician and
surgeon. A fee shall not be charged by management for that person.
That person shall have no rights of tenancy in, and shall comply with
the rules and regulations of, the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park.
   (b) A senior homeowner who resides in a subdivision, cooperative,
or condominium for mobilehomes, or a resident-owned mobilehome park,
that has implemented rules or regulations limiting residency based on
age requirements for housing for older persons, pursuant to Section
799.5, may share his or her mobilehome with any person 18 years of
age or older if this person is a parent, sibling, child, or
grandchild of the senior homeowner and requires live-in health care,
live-in supportive care, or supervision pursuant to a written
treatment plan prepared by a physician and surgeon. A fee shall not
be charged by management for that person. Unless otherwise agreed
upon, the management shall not be required to manage, supervise, or
provide for this person's care during his or her stay in the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park. That person shall have no rights of
tenancy in, and shall comply with the rules and regulations of, the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park. As used in this subdivision, "senior
homeowner" means a homeowner or resident who is 55 years of age or
older.

799.10.  A resident may not be prohibited from displaying a
political campaign sign relating to a candidate for election to
public office or to the initiative, referendum, or recall process in
the window or on the side of a manufactured home or mobilehome, or
within the site on which the home is located or installed. The size
of the face of a political sign may not exceed six square feet, and
the sign may not be displayed in excess of a period of time from 90
days prior to an election to 15 days following the election, unless a
local ordinance within the jurisdiction where the manufactured home
or mobilehome subject to this article is located imposes a more
restrictive period of time for the display of such a sign. In the
event of a conflict between the provisions of this section and the
provisions of Title 6 (commencing with Section 1350) of Part 4 of
Division 2, relating to the size and display of political campaign
signs, the provisions of this section shall prevail.

799.11.  The ownership or 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 accommodation for the disabled.


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