“It is the intent of the Legislature to ensure that homeowners and residents of mobilehome parks have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living or for social or educational purposes.” California Civil Code § 798.50

Saturday, September 8, 2007

Buyer Beware!

The message below was posted as an Anonymous Comment to FAQs: Santee and Rent Control, but warrants its own mention here.

"People who are new to mobilehome living are generally unaware of the rules, both statewide and in Santee, especially of the rent control laws. In discussions with new neighbors, even though they are given a large packet of papers with a lot of state MRL info which contains the rent control info, they are not given any of the Santee MH laws. They also generally do not employ an attorney or read the content of the MRL to the point where they understand it. Real estate agents also have been woefully unaware or unwilling (loss of commission?) to inform buyers of their rights.

I have met a number of new neighbors who not only were upset that they were not informed by management and/or realtors that a month-to-month lease was available, but the few who were aware of it were denied entry to the park. One woman was told a month-to-month lease did not exist. The management was allowed to get away with that because the people who were denied were neither willing nor able to take the time and money to go to court over the issue. A simple and effective method of breaking the law. Find people who can't afford to fight back. The folks at SMOAC tried to help but there is only so much they can do without support. To add insult to injury, when the sale fell through, the homeowners got an offer from the park owner to buy their coach for half-price!

The only solution I see to this is that the current rule that prospective tenants must meet with management before buying a home could also be extended that they must meet with the HOA, or at least have the additional Santee MH rules supplied and an explanation that they are entitled to move in without signing a lease in big bold letters. Informing realtors that they must inform buyers of their options would also help. There could be a packet of info put together that should be delivered to each agent that puts a for sale sign up. And after the sale, check with the new tennants to make sure they got it. The park owner does not want people on rent control and it is not in their best interest to offer short or monthly leases.

My new neighbors were upset that they were not offered a month-to-month lease, they were even more upset when they realized that my yearly rent increases (I am not on a lease) were typically lower than thiers. But this is a situation that has existed for a long time and will continue to until people band together to share information and push for reform."


These suggestions are excellent and, in fact, we are working on a list of mobile home sales agents we can contact with the very information mentioned above.

When Roger and I purchased our home (April 2007) we were discouraged from a month-to-month rental agreement and after repeatedly confirming that we did NOT want a long-term lease, J&H tried to increase the monthly rent, IN VIOLATION of the city ordinance. We had to cite the Santee ordinance and fight back in order to be offered a rental agreement with the correct monthly space rent as allowed by law. I can only imagine the frustration experienced by those who are not familiar with or comfortable navigating their way through the state and local laws.

We ask everyone to get involved with the HOA to help us preserve our rights and spread the word to fellow residents and prospective residents. The law is on our side but, as this writer astutely observed, finding "people who can't afford to fight back" is "a simple and effective method of breaking the law."

The next HOA meeting will be held on Tuesday, October 9 at 7:00 p.m. in the Clubhouse. Please join us.

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