BILL NUMBER: AB 1202 CHAPTERED 07/19/01 CHAPTER 83 FILED WITH SECRETARY OF STATE JULY 19, 2001 APPROVED BY GOVERNOR JULY 19, 2001 PASSED THE SENATE JULY 5, 2001 PASSED THE ASSEMBLY MAY 21, 2001 AMENDED IN ASSEMBLY MAY 16, 2001 AMENDED IN ASSEMBLY MAY 2, 2001 INTRODUCED BY Assembly Member Harman (Coauthor: Assembly Member Nation) FEBRUARY 23, 2001 An act to amend Sections 798.24 and 798.51 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGEST AB 1202, Harman. Mobilehome parks: meetings. Existing law specifies the rights of homeowners and residents of a mobilehome park to use the mobilehome park. Existing law provides that a homeowner may not be required to obtain liability insurance to use common area facilities for specified purposes. This bill would provide that a homeowner or resident may not be charged a cleaning deposit to use the mobilehome park recreation hall or clubhouse for meetings of resident organizations for purposes authorized in existing law, even if guests and visitors from outside the park are invited to attend the meeting, if a homeowner or resident of the park is hosting the meeting and all homeowners or residents of the park are allowed to attend. The bill would specify additional restrictions on requirements for liability insurance, and would permit park owners and management to require liability insurance if alcoholic beverages are to be served at a meeting or private function. The bill would also permit park owners and management to prohibit the consumption of alcohol if it is prohibited by the terms of the rental agreement or the rules and regulations of the park. The bill would also require a homeowner, organization, or group of homeowners using the recreation hall or clubhouse to adhere to any limitations on parking and maximum occupancy. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 798.24 of the Civil Code is amended to read: 798.24. Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility. SEC. 2. Section 798.51 of the Civil Code is amended to read: 798.51. No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in the park to do any of the following: (a) Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome within the park. (b) Invite public officials, candidates for public office, or representatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public interest, in accordance with Section 798.50. (c) Canvass and petition homeowners and residents for noncommercial purposes relating to mobilehome living, election to public office, or the initiative, referendum, or recall processes, at reasonable hours and in a reasonable manner, including the distribution or circulation of information. (d) A homeowner or resident may not be charged a cleaning deposit in order to use the park recreation hall or clubhouse for meetings of resident organizations for any of the purposes stated in Section 798.50 and this section, whether or not guests or visitors from outside the park are invited to attend the meeting, if a homeowner or resident of the park is hosting the meeting and all homeowners or residents of the park are allowed to attend. (e) A homeowner or resident may not be required to obtain liability insurance in order to use common area facilities for the purposes specified in this section and Section 798.50. However, if alcoholic beverages are to be served at any meeting or private function, a liability insurance binder may be required by the park ownership or management. The ownership or management of a mobilehome park may prohibit the consumption of alcoholic beverages in the park common area facilities if the terms of the rental agreement or the rules and regulations of the park prohibit it. (f) A homeowner, organization, or group of homeowners using a recreation hall or clubhouse pursuant to this section shall be required to adhere to any limitations or restrictions regarding vehicle parking or maximum occupancy for the clubhouse or recreation hall.