BILL NUMBER: AB 2239 CHAPTERED 09/20/00 CHAPTER 554 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2000 APPROVED BY GOVERNOR SEPTEMBER 18, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 PASSED THE SENATE AUGUST 23, 2000 AMENDED IN SENATE AUGUST 18, 2000 AMENDED IN ASSEMBLY MAY 9, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 INTRODUCED BY Assembly Member Corbett FEBRUARY 24, 2000 An act to add Section 798.73.5 to the Civil Code, relating to mobilehome parks. LEGISLATIVE COUNSEL'S DIGEST AB 2239, Corbett. Mobilehome parks: mobilehomes: sales and transfers. Existing law provides that, during the term of a mobilehome owner' s rental agreement, the management of a mobilehome park shall not require the removal of a mobilehome from the park upon its sale to a 3rd party, except under specified conditions for the purpose of upgrading the quality of the park. This bill would limit the right of the management, upon a sale or transfer, to require repairs or improvements to a mobilehome, its appurtenances, or an accessory structure, when the mobilehome is to remain in the park. This bill would provide that, except as specified, the required repairs or improvements shall be to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management, and shall relate to their exterior. This bill would further provide that the repairs or improvements shall be based upon or required by a local ordinance, state statute, or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance, state statute, or regulation. This bill would also require management to provide a written summary of repairs or improvements required to a mobilehome in the case of a sale or transfer, as specified, within 10 business days after receiving a request for this information as part of a notice a homeowner is required to give 60 days before terminating his or her tenancy. This bill would state that its provisions are declarative of existing law, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 798.73.5 is added to the Civil Code, to read: 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions: (1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes. (3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (b) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (c) The provisions of this section enacted at the 1999-2000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency.