BILL NUMBER: SB 1047	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  APRIL 15, 2010

INTRODUCED BY   Senator Correa

                        FEBRUARY 16, 2010

   An act to amend  Sections 798.4, 799, and  
Section  799.1 of the Civil Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1047, as amended, Correa. Mobilehomes: nonprofit resident-owned
mobilehome park.
   The Mobilehome Residency Law governs the terms and conditions of
tenancies in mobilehome parks and defines a mobilehome park for
purposes of these provisions. The law also sets forth separate
provisions that govern, and are only applicable to, the rights of a
resident who has an ownership interest in a subdivision, cooperative,
or condominium for mobilehomes or a resident-owned mobilehome park
in which the resident's mobilehome is located or installed.
   This bill would  revise the latter provisions described
above to exclude a nonprofit resident-owned mobilehome park from the
scope of those provisions   provide that specified
provisions of the Mobilehome Residency Law govern the right of
members of a certain nonprofit mutual benefit corporations who are
  residents who have a rental agreement with the corporation
 .
   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 798.4 of the Civil Code is
amended to read:
   798.4.  "Mobilehome park" is an area of land where two or more
mobilehome sites are rented, or held out for rent, to accommodate
mobilehomes used for human habitation and includes a nonprofit
resident-owned mobilehome park, as defined in subdivision (a) of
Section 799, where the member leases his or her space. 

  SEC. 2.    Section 799 of the Civil Code is
amended to read:
   799.  As used in this article:
   (a) "Nonprofit resident-owned mobilehome park" means a mobilehome
park owned and operated by a nonprofit mutual benefit corporation,
established pursuant to Section 11010.8 of the Business and
Professions Code, whose members consist of park residents where there
is no recorded condominium plan, tract, parcel map, or declaration.
   (b) "Ownership or management" means the ownership or management of
a subdivision, cooperative, or condominium for mobilehomes, or of a
resident-owned mobilehome park that does not fall under the
definition provided in subdivision (a).
   (c) "Resident" means a person who maintains a residence in a
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park that does not fall under the
definition provided in subdivision (a).
   (d) (1) "Resident-owned mobilehome park" means any entity through
which the residents have an ownership interest in the mobilehome park
except as provided in paragraph (2).
   (2) A "resident-owned mobilehome park" does not include either of
the following:
   (A) A subdivision, cooperative, or condominium for mobilehomes.
   (B) A nonprofit resident-owned mobilehome park.
   SEC. 3.   SECTION 1.   Section 799.1 of
the Civil Code is amended to read:
   799.1.   This   (a)    
Except as provided in subdivision (b), this  article shall
govern the rights of a resident who has an ownership interest in the
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park in which his or her mobilehome is
located or installed.  This article shall not apply to a
nonprofit resident-owned mobilehome park.  In a subdivision,
cooperative, or condominium for mobilehomes, or a resident-owned
mobilehome park, Articles 1 (commencing with Section 798)  to
  through Article  8 (commencing with Section
798.84)  , inclusive,  shall apply only to a
resident who does not have an ownership interest in the subdivision,
cooperative, or condominium for mobilehomes, or the resident-owned
mobilehome park, in which his or her mobilehome is located or
installed.  Articles 1 (commencing with Section 798) to 8
(commencing with Section 798.84), inclusive, shall also apply to
nonprofit resident-owned mobilehome parks.  
   (b) Notwithstanding subdivision (a), in a mobilehome park owned
and operated by a nonprofit mutual benefit corporation, established
pursuant to Section 11010.8 of the Business and Professions Code,
whose members consist of park residents where there is no recorded
condominium plan, tract, parcel map, or declaration, Article 1
(commencing with Section 798) through Article 8 (commencing with
Section 798.84) shall govern the rights of members who are residents
that have a rental agreement with the corporation.