Empower yourself! Know your rights. You have a great deal invested in your home and in our comunity. You have purchased your home, made improvements, toiled in the garden out back, and made memories with your children and grandchildren. The Mobilehome Residency Law (MRL) is a powerful tool, giving homeowners many rights and enabling us to protect our investments. Below are 10 things every homeowner must know.
1. Leases in excess of 12 months are not subject to Santee’s Manufactured Home Fair Practices Ordinance (rent control). Civil Code § 798.17(b)
2. Park owners and employees must comply with all park rules and regulations. Civil Code § 798.23
3. Park management must meet and consult with homeowners within 30 days of any request to discuss: park rules; maintenance and physical improvements; addition, alteration or deletion of service, equipment or physical improvements; or rental agreements. Civil Code § 798.53
4. Park management must meet with homeowners and/or their representatives regarding any proposed changes to the park rules and regulations. Management must provide at least 10 days’ written notice before any such meeting. Civil Code § 798.25
5. Park management is required to provide homeowners with at least 72 hours’ written notice of any interruption in utility service of more than two hours, except in case of emergency. Such notice must be posted on all affected mobilehomes. Park management shall be liable only for actual damages sustained by the homeowner for any violation of this section. Civil Code § 798.29.5
6. A homeowner shall not be charged a fee for enforcement of any park rules or regulations, except for reasonable charges for clean-up or maintenance if the homeowner fails to correct the violation within 14 days. Civil Code § 798.36
7. The substantial failure of management to provide and maintain physical improvements in the common facilities in good working order shall be deemed a public nuisance. Civil Code § 798.87
8. A homeowners’ tenancy may only be terminated for the following reasons: failure to comply with a law within a reasonable time after receiving a notice of non-compliance from a governmental agency; conduct that is a “substantial annoyance” to other residents; conviction of prostitution or a felony drug offense, if the act was committed on park premises (not applicable if the person convicted of the offense has moved out); failure to comply with any reasonable park rule or regulation that is part of the rental agreement; failure to pay rent or utility charges; or condemnation or change of use of the park. Civil Code § 798.56
9. If a homeowner prevails in a lawsuit against management to enforce any rights under the Mobilehome Residency Law (MRL), the homeowner may be awarded statutory damages of up to $2,000 per violation, or punitive damages, at the discretion of the court.
10. Management must disclose, in writing, the name, address and phone number of the park owner upon request of any homeowner. Civil Code § 798.28
An index to the entire Civil Code can be found here. The Mobilehome Residency Law (MRL) is contained in Civil Code §§ 798-799.10. A printable version of the MRL, along with other laws affecting mobilehomes, can be found here.
Sunday, August 19, 2007
Top 10 Things Every Mobile Homeowner Should Know about the Mobilehome Residency Law (MRL)
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