Added by Stats. 1990, Ch. 1505, Sec. 1.
“Management” means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the floating home marina.
Article 2 - Rental Agreement
California Civil Code — §§ 800.20-800.26
Sections (10)
Added by Stats. 1990, Ch. 1505, Sec. 1.
Unless otherwise provided, the management shall make available to floating homeowners, upon request, copies of all notices required by this article and Article 3 (commencing with Section 800.30).
Added by Stats. 1990, Ch. 1505, Sec. 1.
The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following:
(a)The term of the tenancy and the rent therefor.
(b)The rules and regulations of the floating home marina.
(c)A reference to this chapter and a statement that a copy of it is available from the marina upon request.
(d)A provision
specifying that it is the responsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition.
(e)A description of the physical improvements to be provided the homeowner during his or her tenancy.
(f)A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.
(g)All other provisions governing the tenancy.
Added by Stats. 1990, Ch. 1505, Sec. 1.
The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter.
Added by Stats. 1990, Ch. 1505, Sec. 1.
(a)A homeowner shall be offered a rental agreement for (1) a term of 12 months, (2) a lesser period as mutually agreed upon by both the homeowner and the management, (3) a longer period as mutually agreed upon by both the homeowner and the management, or (4) a longer period as necessary to secure financing from a conventional lending institution.
(b)Rental agreements for a prescribed term shall not contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12
months of the agreement from the corresponding terms or conditions that would be offered to the homeowner or homeowners on a month-to-month basis.
Added by Stats. 1990, Ch. 1505, Sec. 1.
No rental agreement for a floating home berth shall contain a provision by which the homeowner waives his or her rights under any of the provisions of this chapter. Any waiver of these rights shall be deemed contrary to public policy and void.
Amended by Stats. 2012, Ch. 181, Sec. 28. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.
(a)Membership in any private club or organization that is a condition for tenancy in a floating home marina shall not be denied on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code.
(b)Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 4760 of this code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a).
Added by Stats. 1990, Ch. 1505, Sec. 1.
On or before March 12, 1991, the management shall notify all floating homeowners, in writing, that a copy of the Floating Home Residency Law is available to them, upon request, from the management.
Added by Stats. 1990, Ch. 1505, Sec. 1.
In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
In the event a homeowner or former homeowner of a floating home marina is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this
chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of those provisions by the management.
Added by Stats. 1990, Ch. 1505, Sec. 1.
(a)The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
(b)The substantial violation of a floating home marina rule shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.