BILL NUMBER: SB 484 CHAPTERED
BILL TEXT
CHAPTER 72
FILED WITH SECRETARY OF STATE JULY 14, 1997
APPROVED BY GOVERNOR JULY 14, 1997
PASSED THE ASSEMBLY JUNE 26, 1997
PASSED THE SENATE MAY 15, 1997
AMENDED IN SENATE MAY 1, 1997
INTRODUCED BY Senator Craven
FEBRUARY 20, 1997
An act to amend Sections 799, 799.1, 799.3, 799.4, 799.5, and
799.7 of the Civil Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
SB 484, Craven. Mobilehomes.
Existing law, the Mobilehome Residency Law, provides for the
regulation of specified aspects of residency in a mobilehome park.
Existing law provides that specified provisions of the Mobilehome
Residency Law govern the rights of a resident who has an ownership
interest in the space, subdivision, cooperative, or condominium, or
resident-owned mobilehome park in which his or her mobilehome is
located or installed, and that the other provisions apply only to a
resident of a subdivision, cooperative, or condominium for
mobilehomes who rents or leases a space on which his or her
mobilehome is located or installed.
This bill would, among other things, revise and recast these
provisions to provide that they govern the rights of a resident who
has an ownership interest in the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park in
which his or her mobilehome is located or installed, and that in a
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park, the other provisions apply only to a
resident who does not have such an ownership interest. It would
define "resident-owned" mobilehome park.
The bill also would authorize a defined senior homeowner to share
his or her mobilehome with any person 18 years of age or older if
that person is providing live-in health care, supportive care, or
supervision pursuant to a physician's written treatment plan, as
specified. It also would authorize the residency of specified
relatives of senior homeowners, notwithstanding rules or regulations
restricting age requirements, if the relative requires live-in health
care, supportive care, or supervision pursuant to a physician's
written treatment program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 799 of the Civil Code is amended to read:
799. As used in this article:
(a) "Ownership or management" means the ownership or management of
a subdivision, cooperative, or condominium for mobilehomes, or of a
resident-owned mobilehome park.
(b) "Resident" means a person who maintains a residence in a
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park.
(c) "Resident-owned mobilehome park" means any entity other than a
subdivision, cooperative, or condominium for mobilehomes, through
which the residents have an ownership interest in the mobilehome
park.
SEC. 2. Section 799.1 of the Civil Code is amended to read:
799.1. 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. In a
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park, Articles 1 (commencing with Section
798) to 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.
SEC. 3. Section 799.3 of the Civil Code is amended to read:
799.3. The ownership or management shall not require the removal
of a mobilehome from a subdivision, cooperative, or condominium for
mobilehomes, or resident-owned mobilehome park in the event of its
sale to a third party.
SEC. 4. Section 799.4 of the Civil Code is amended to read:
799.4. The ownership or management may require the right to prior
approval of the purchaser of a mobilehome that will remain in the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park and that the selling resident, or his
or her agent give notice of the sale to the ownership or management
before the close of the sale. Approval cannot be withheld if the
purchaser has the financial ability to pay the fees and charges of
the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park unless the ownership or management
reasonably determines that, based on the purchaser's prior
residences, he or she will not comply with the rules and regulations
of the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park.
SEC. 5. Section 799.5 of the Civil Code is amended to read:
799.5. The ownership or management may require that a purchaser
of a mobilehome that will remain in the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park comply
with any rule or regulation limiting residency based on age
requirements for housing for older persons, provided that the rule or
regulation complies with the provisions of the federal Fair Housing
Act, as amended by Public Law 104-76, and implementing regulations.
SEC. 6. Section 799.7 of the Civil Code is amended to read:
799.7. The ownership or management shall provide, by posting
notice on the mobilehomes of all affected homeowners and residents,
at least 72 hours' written advance notice of an interruption in
utility service of more than two hours for the maintenance, repair,
or replacement of facilities of utility systems over which the
management has control within the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park, if
the interruption is not due to an emergency. The ownership or
management shall be liable only for actual damages sustained by a
homeowner or resident for violation of this section.
"Emergency," for purposes of this section, means the interruption
of utility service resulting from an accident or act of nature, or
cessation of service caused by other than the management's regular or
planned maintenance, repair, or replacement of utility facilities.
SEC. 7. Section 799.9 is added to the Civil Code, to read:
799.9. (a) A senior homeowner may share his or her mobilehome
with any person 18 years of age or older if that person is providing
live-in health care, live-in supportive care, or supervision to the
homeowner pursuant to a written treatment plan prepared by a
physician and surgeon. A fee shall not be charged by management for
that person. That person shall have no rights of tenancy in, and
shall comply with the rules and regulations of, the subdivision,
cooperative, or condominium for mobilehomes, or resident-owned
mobilehome park. As used in this subdivision, "senior homeowner"
means a homeowner or resident who is 55 years of age or older.
(b) A senior homeowner who resides in a subdivision, cooperative,
or condominium for mobilehomes, or a resident-owned mobilehome park,
that has implemented rules or regulations limiting residency based on
age requirements for housing for older persons, pursuant to Section
799.5, may share his or her mobilehome with any person 18 years of
age or older if this person is a parent, sibling, child, or
grandchild of the senior homeowner and requires live-in health care,
live-in supportive care, or supervision pursuant to a written
treatment plan prepared by a physician and surgeon. A fee shall not
be charged by management for that person. Unless otherwise agreed
upon, the management shall not be required to manage, supervise, or
provide for this person's care during his or her stay in the
subdivision, cooperative or condominium for mobilehomes, or
resident-owned mobilehome park. That person shall have no rights of
tenancy in, and shall comply with the rules and regulations of, the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park. As used in this subdivision, "senior
homeowner" means a homeowner or resident who is 55 years of age or
older.