BILL NUMBER: AB 1111	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2008
	AMENDED IN ASSEMBLY  JANUARY 18, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008

INTRODUCED BY   Assembly Member DeSaulnier
   (Coauthor: Assembly Member Lieber)
   (Coauthor: Senator Padilla)

                        FEBRUARY 23, 2007

   An act to amend Section 798.25 of the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1111, as amended, DeSaulnier. Mobilehome parks: rules and
regulations.
   The Mobilehome Residency Law provides that when the management of
a mobilehome park proposes an amendment to the park's rules and
regulations, the management is required to meet and consult with the
homeowners in the park, their representatives, or both, after
providing written notice to all of the homeowners 10 days or more
before the meeting. Under that law, following the meeting and
consultation with homeowners, the amendment to the park's rules and
regulations may be implemented as to a homeowner with the consent of
that homeowner, or without the homeowner's consent upon written
notice of not less than 6 months, except as specified.
   This bill would permit a local public agency with authority over
the jurisdiction where the park is located to prohibit the management
from amending  or striking the provision in  an existing
park rule or regulation that limits residency or tenancy to
individuals 55 years of age and older, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 798.25 of the Civil Code is amended to read:
   798.25.  (a) Except as provided in subdivision (d), when the
management proposes an amendment to the park's rules and regulations,
the management shall meet and consult with the homeowners in the
park, their representatives, or both, after written notice has been
given to all the homeowners in the park 10 days or more before the
meeting. The notice shall set forth the proposed amendment to the
park's rules and regulations and shall state the date, time, and
location of the meeting.
   (b) Except as provided in subdivision (d), following the meeting
and consultation with the homeowners, the noticed amendment to the
park's rules and regulations may be implemented, as to any homeowner,
with the consent of that homeowner, or without the homeowner's
consent upon written notice of not less than six months, except for
regulations applicable to recreational facilities that may be amended
without homeowner consent upon written notice of not less than 60
days.
   (c) Written notice to a homeowner whose tenancy commences within
the required period of notice of a proposed amendment to the park's
rules and regulations under subdivision (b) or (d) shall constitute
compliance with this section where the written notice is given before
the inception of the tenancy.
   (d) When the management proposes an amendment to the park's rules
and regulations mandated by a change in the law, including, but not
limited to, a change in a statute, ordinance, or governmental
regulation, the management may implement the amendment to the park's
rules and regulations, as to any homeowner, with the consent of that
homeowner or without the homeowner's consent upon written notice of
not less than 60 days. For purposes of this subdivision, the
management shall specify in the notice the citation to the statute,
ordinance, or regulation, including the section number, that
necessitates the proposed amendment to the park's rules and
regulations.
   (e) An amendment to the park's rules and regulations that creates
a new fee payable by the homeowner and that has not been expressly
agreed upon by the homeowner and management in the written rental
agreement or lease, shall be void and unenforceable.
   (f) A local public agency with authority over the jurisdiction
where the park is located may, by ordinance, prohibit the management
from amending  or striking the provision in  an existing
park rule or regulation that limits residency or tenancy to
individuals 55 years of age and older.