You Don't Want to Lose Up To $50,000 of Your Equity, Do You?

In the April issue of CoMO-CAL's (Coalition of Mobilehome Owners - California) newsletter, The Voice, the organization asks us to do two things in our park, to help save our property values and protect renters' rights:

1. Distribute fliers – today on 98 and 99
2. Display a window sign – NO on 98, YES on 99

CoMO-CAL president Frank Wodley writes:

We realize you may be concerned about confrontations by management. DO NOT BE AFRAID. We will get our attorney, Bruce Stanton, involved if your management hassles you about either. We can intervene, but you must let us know of any problems.

The following are Mr. Stanton’s replies to my questions. These should relieve any anxiety you may have as to the “legality” of distributing fliers or putting a sign in your window. If you have any questions, do not hesitate to call me at 800-929-6061.

1. Regarding distribution of The Voice or fliers: Since the newsletter deals with issues relating to mobile home living, it falls within the protected speech of 798.50-52. This does not constitute the type of "commercial solicitation" that parks can normally prohibit. And requesting that money be donated to a non-profit is certainly not solicitation. Park Owners cannot willfully violate the MRL, nor can it be waived. You should feel free to distribute this as you see fit, and take note of any attempts to stop it.

2. You are correct. Civil Code sec. 798.51 (e) allows a campaign sign relating to an initiative measure to be placed in a window, on the side of the home or on the space for 90 days prior to the election which does not exceed 6 square feet. This is part of guaranteed free speech rights that cannot be infringed upon.

3. Regarding use of a common area bulletin board for fliers: There is no law, however, which governs the common area or a bulletin board located within the clubhouse. Thus, go ahead and post your sign there. But if management takes the position that it controls the content of the Board and takes down your sign, I'm not sure that you can force them to keep it up unless there is a park rule that allows it. If the Board was bought and purchased by the residents, then one could argue that the residents have the right to post whatever they want as long as it otherwise complies with good taste and 798.50-52 (and this certainly does!).

Good work getting this done and out for dissemination!

-Bruce Stanton Attorney at Law

CoMO-CAL is a state-wide non-profit advocacy group for mobile home owners. The Coalition of Mobilehome Owners - Los Angeles County (CoMO-LAC) was formed in November, 2004. Because of the association's unique services, the Coalition was an immediate success. The name changed to CoMO-CAL as of March 21, 2006, when the organization began offering statewide mobile home owner advocacy assistance and memberships.

CoMO-CAL publishes a monthly newsletter, The Voice, full of information that can help mobilehome owners protect and preserve their rights. The organization also publishes The Whisper, a periodic newsletter for non-members. The April issue of The Whisper addresses this important eminent domain/rent control issue.

Be sure to join the FREE online discussion group for mobilehome park residents. Here, you can ask your own questions, share information, and get the latest scoop on proposed legislation and protecting your investment.