BILL NUMBER: SB 351	CHAPTERED  09/03/99

	CHAPTER   323
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 13, 1999
	AMENDED IN SENATE   MAY 3, 1999

INTRODUCED BY   Senator Figueroa
   (Coauthors:  Assembly Members Corbett, Dutra, Havice, Kuehl,
Longville, Romero, and Washington)

                        FEBRUARY 10, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 351, Figueroa.  Mobilehome parks:  fees.
   Existing law prohibits a homeowner from being charged a fee for
other than rent, utilities, and incidental reasonable charges for
services actually rendered.  Existing law prohibits a homeowner from
being charged a fee for services actually rendered that are not
listed in the rental agreement unless he or she has been given at
least 60 days' written notice thereof.
   Existing law requires the mobilehome park management to meet with
homeowners, their representatives, or both concerning any proposed
change to the mobilehome park rules and to give 10 days' advance
written notice of the meeting to each homeowner.  Once this
requirement has been satisfied, the change may be adopted as
specified above.
   This bill would prohibit any amendment to the rules or regulations
that would create a new fee that has not been agreed upon by the
homeowners and management in the rental agreement or lease.  The bill
would include a statement of legislative intent.


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) 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 rules and regulations and shall state
the date, time, and location of the meeting.
   (b) Following the meeting and consultation with the homeowners,
the noticed amendment to the park 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, which 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) shall constitute
compliance with this section where the written notice is given before
the inception of the tenancy.
   (d) Any 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.
  SEC. 2.  The Legislature finds and declares that this act is
intended to prohibit park owners from amending park rules and
regulations to impose new fees on park residents.  The act is not
intended to limit the provisions of Article 4 (commencing with
Section 798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of
the Civil Code with respect to the imposition of fees.