Article 9 - Subdivisions, Cooperatives, and Condominiums

California Civil Code — §§ 799-799.13

Sections (6)

Amended by Stats. 1997, Ch. 72, Sec. 1. Effective January 1, 1998.

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.

Amended by Stats. 2012, Ch. 492, Sec. 1. (SB 1421) Effective September 23, 2012.

(a)Except as provided in subdivision (b), 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, Article 1 (commencing

with Section 798) to Article 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.

(b)Notwithstanding subdivision (a), in a mobilehome park owned and operated by a nonprofit mutual benefit corporation, established pursuant to Section 11010.8 of the Business and Professions Code, whose members consist of park residents where there is no recorded subdivision declaration or condominium plan, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall govern the rights of members who are residents that rent their space from the corporation.

Amended by Stats. 2012, Ch. 181, Sec. 27. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.

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 Part 5 (commencing with Section 4000) of Division 4, relating to the size and display of political campaign signs, the provisions of this section shall prevail.

Added by Stats. 2008, Ch. 170, Sec. 4. Effective January 1, 2009.

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.

Added by Stats. 2024, Ch. 162, Sec. 2. (SB 1190) Effective January 1, 2025.

(a)Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located is void and unenforceable.
(b)Ownership or management shall not prohibit or restrict a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located. Ownership or

management shall not do any of the following:

(1)Charge any fee to a homeowner or resident in connection with the installation or use of a solar energy system.
(2)Require a homeowner or resident to use a specific solar installation contractor or solar energy system or product.
(3)Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system.
(c)This section does not apply to imposition of reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly,

reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly

decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(d)(1) For purposes of this section, “solar energy system” has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(2)A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.
(3)Solar energy systems and solar collectors used for heating water shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical

Codes.

(4)A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, if applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e)This section shall not apply to a master-meter park. “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code.
(f)Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and

shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000).

(g)In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.

Added by Stats. 2025, Ch. 343, Sec. 2. (AB 806) Effective January 1, 2026.

(a)Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable.
(b)(1) Subject to paragraph (2), ownership or management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following:

(A) Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system.

(B) Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product.

(C) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system.

(D) Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems.

(2)Paragraph (1) shall not apply if

ownership or management establishes any of the following:

(A)The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law.
(B)A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted.
(C)The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority.
(c)For purposes of this section, “cooling system”

can include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law.

(d)The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section.
(e)Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000).
(f)In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.