BILL NUMBER: SB 111 CHAPTERED
BILL TEXT
CHAPTER 558
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE MARCH 19, 2009
INTRODUCED BY Senator Correa
JANUARY 28, 2009
An act to amend Section 798.44 of, to amend and renumber Sections
798.29.5, 798.38, 798.40, and 798.42 of, to amend and renumber the
heading of Article 4 (commencing with Section 798.30) of Chapter 2.5
of Title 2 of Part 2 of Division 2 of, and to add the heading of
Article 4 (commencing with Section 798.40) to Chapter 2.5 of Title 2
of Part 2 of Division 2 of, the Civil Code, relating to mobilehome
parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 111, Correa. Mobilehome Residency Law.
The Mobilehome Residency Law governs residency in mobilehome parks
and includes provisions that are applicable to those who have an
ownership interest in a subdivision, cooperative, or condominium for
mobilehomes, or a resident-owned mobilehome park, as specified. Among
other things, these provisions set forth the rights of residents and
homeowners regarding the use of the property.
This bill would reorganize certain provisions of the Mobilehome
Residency Law and make technical changes to various provisions
thereof.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.29.5 of the Civil Code is amended and
renumbered to read:
798.42. The 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 park, provided that the interruption is not due to an
emergency. The 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. 2. The heading 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
is amended and renumbered to read:
Article 3.5. Fees and Charges
SEC. 3. Section 798.38 of the Civil Code is amended and renumbered
to read:
798.40. (a) Where the management provides both master-meter and
submeter service of utilities to a homeowner, for each billing period
the cost of the charges for the period shall be separately stated
along with the opening and closing readings for his or her meter. The
management shall post in a conspicuous place, the prevailing
residential utilities rate schedule as published by the serving
utility.
(b) If a third-party billing agent or company prepares utility
billing for the park, the management shall disclose on each resident'
s billing, the name, address, and telephone number of the billing
agent or company.
SEC. 4. The heading of Article 4 (commencing with Section 798.40)
is added to Chapter 2.5 of Title 2 of Part 2 of Division 2 of the
Civil Code, as immediately following Section 798.39, to read:
Article 4. Utilities
SEC. 5. Section 798.40 of the Civil Code is amended and renumbered
to read:
798.38. The management shall not acquire a lien or security
interest, other than an interest arising by reason of process issued
to enforce a judgment of any court, in a mobilehome located in the
park unless it is mutually agreed upon by both the homeowner and
management. Any billing and payment upon the obligation shall be kept
separate from current rent.
SEC. 6. Section 798.42 of the Civil Code is amended and renumbered
to read:
798.39.5. (a) The management shall not charge or impose upon a
homeowner any fee or increase in rent which reflects the cost to the
management of any fine, forfeiture, penalty, money damages, or fee
assessed or awarded by a court of law against the management for a
violation of this chapter, including any attorney's fees and costs
incurred by the management in connection therewith.
(b) A court shall consider the remoteness in time of the
assessment or award against the management of any fine, forfeiture,
penalty, money damages, or fee in determining whether the homeowner
has met the burden of proof that the fee or increase in rent is in
violation of this section.
(c) Any provision in a rental agreement entered into, renewed, or
modified on or after January 1, 1995, that permits a fee or increase
in rent that reflects the cost to the management of any money damages
awarded against the management for a violation of this chapter shall
be void.
SEC. 7. Section 798.44 of the Civil Code is amended to read:
798.44. (a) The management of a park that does not permit
mobilehome owners or park residents to purchase liquefied petroleum
gas for use in the mobilehome park from someone other than the
mobilehome park management shall not sell liquefied petroleum gas to
mobilehome owners and residents within the park at a cost which
exceeds 110 percent of the actual price paid by the management of the
park for liquefied petroleum gas.
(b) The management of a park shall post in a visible location the
actual price paid by management for liquefied petroleum gas sold
pursuant to subdivision (a).
(c) This section shall apply only to mobilehome parks regulated
under the Mobilehome Residency Law. This section shall not apply to
recreational vehicle parks, as defined in Section 18215 of the Health
and Safety Code, which exclusively serve recreational vehicles, as
defined in Section 18010 of the Health and Safety Code.
(d) Nothing in this section is intended to abrogate any rights a
mobilehome park owner may have under Section 798.31 of the Civil
Code.
(e) In addition to a mobilehome park described in subdivision (a),
the requirements of subdivisions (a) and (b) shall apply to a
mobilehome park where requirements of federal, state, or local law or
regulation, including, but not limited to, requirements for setbacks
between mobilehomes, prohibit homeowners or residents from
installing their own liquefied petroleum gas supply tanks,
notwithstanding that the management of the mobilehome park permits
mobilehome owners and park residents to buy their own liquefied
petroleum gas.
SEC. 8. Nothing in this act shall be construed to affect the
application of any other statute, regulation, or any existing
contract, lease, rental agreement, or related document.