Article 3 - Rules and Regulations

California Civil Code — §§ 798.23-798.29.6

Sections (7)

Amended by Stats. 2021, Ch. 706, Sec. 1. (AB 861) Effective January 1, 2022.

(a)Management 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 management that are undertaken to fulfill management’s maintenance, management, and business operation responsibilities.

(c)(1) Notwithstanding

subdivision (b) and subject to paragraph (2), management shall be subject to, and comply with, all rules and regulations that prohibit a homeowner from renting or subleasing the homeowner’s mobilehome or mobilehome space.

(2)(A) If a rule or regulation has been enacted that prohibits either renting or subleasing by a homeowner, management shall not directly rent a mobilehome except as follows:

(i)Management may directly rent up to two mobilehomes within the park for the purpose of housing onsite employees.

(ii) For every 200 mobilehomes in a park, the management may directly rent one more mobilehome within the park, in addition to the mobilehomes authorized for direct rental pursuant to clause

(i), for the purpose of housing onsite employees.

(B) For purposes of this paragraph, “the purpose of housing onsite employees” includes directly renting a mobilehome to a person who is not an onsite employee to avoid a vacancy during times when the mobilehome is authorized for direct rental pursuant to subparagraph (A) and not needed for housing onsite employees.

(d)Notwithstanding subdivision (c), management may continue to directly rent a mobilehome to a tenant if both of the following apply:

(1)The tenancy was initially established by a rental agreement executed before January 1, 2022.

(2)A tenant listed on the rental agreement described in paragraph

(1)continues to occupy the mobilehome.

(e)(1) A park shall be exempt from the provisions of subdivision (c) if either of the following apply:

(A) The park is owned and operated by an organization that qualifies as an exempt organization under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and the property has been granted an exemption from property taxation pursuant to Section 214 of the Revenue and Taxation Code.

(B) The park is owned by a government agency or an entity controlled by a government agency, and has an affordability covenant in place.

(2)The exemption contained in paragraph (1) applies only to those mobilehomes

or mobilehome sites within a park that are restricted for use as affordable housing pursuant to either a written regulatory agreement or the policy or practice of the exempt organization or government agency.

§ 798.24

Amended by Stats. 2001, Ch. 83, Sec. 1. Effective January 1, 2002.

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

Amended by Stats. 2005, Ch. 22, Sec. 11. Effective January 1, 2006.

(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.

§ 798.26

Amended by Stats. 2008, Ch. 115, Sec. 1. Effective January 1, 2009.

(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

Amended by Stats. 1991, Ch. 190, Sec. 1.

(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

Amended by Stats. 2017, Ch. 31, Sec. 1. (AB 294) Effective January 1, 2018.

The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the receipt of a written request of a homeowner.

§ 798.29

Amended by Stats. 2018, Ch. 957, Sec. 1. (SB 1078) Effective January 1, 2019.

The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5 of the Health and Safety Code.