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MOBILEHOME RESIDENCY LAW Are you (the mobilehome park owner / mobilehome park manager) aware of any of the following: A. Park or common area facilities Clubhouse Walkways Streets, roads and access Electric utility system Water utility system Gas utility System Common area lighting system Septic or sewer system Playground RV storage Parking areas Swimming pool Spa pool Laundry Other common area facilities* B. Does the park contain this facility? C. Is the facility in operation ? D. Does the facility have any known substantial defects? E. Are there any uncorrected park citations or notices of abatement relating to the facilities issued by a public agency? F. Is there any substantial, uncorrected damage to the facility from fire, flood, earthquake, or landslides? G. Are there any pending lawsuits by or a g a i n s t the park affecting the facilities or alleging defects in the facilities? H. Is there any encroachment, easement, nonconforming use, or violation of s e t b a c k requirements regarding this park common area facility? Yes No Yes No Yes No Yes No Yes No Yes No Yes No *If there are other important park or common area facilities, please specify (attach additional sheets if necessary): If any item in C is checked “no”, or any item in D, E, F, G, or H is checked “yes”, please explain (attach additional sheets if necessary): The mobilehome park owner / park manager states that the information herein has been delivered to the prospective homeowner / lessee a minimum of three days prior to execution of a rental agreement and is true and correct to the best of the park owner/park manager’s knowledge as of the date signed by the park owner/manager. Park Owner/Manager: print name By :__________________________________________________________ signature Date: ______________________ I / WE ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE PARK OWNER/MANAGER STATEMENT. Prospective Homeowner _________________________________________ Lessee _______________________________________________________ Park Owner/Manager ____________________________________________ Date: Title Prospective Homeowner _________________________________________ Lessee _______________________________________________________ Park Owner/Manager ____________________________________________ Date: Title 122
MOBILEHOME RESIDENCY LAW § 798.76. Senior Only Restrictions 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 Waiver of Rights 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. Rights of Heir or Joint Tenant of Owner (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. Repossession of Mobilehome; Sale to Third Party (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. § 798.81. Listing or Sales - Prohibitions 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. § 798.83. Homeowner Repair of the Space 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. Article 9 Subdivisions, Cooperatives, Condominiums, and Resident Owned Parks § 799.1. Rights Governed (Newly Amended) (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, Articles 1 (commencing with Section 798) to through 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 condominium plan, tract, parcel map, or declaration, Article 1 (commencing with Section 798) through Article 8 (commencing with Section 798.84) shall govern the rights of members who are residents that have a rental agreement with the corporation. 123
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