Park Rules & Regulations

The following is an excerpt taken from the pamphlet, What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities.

Why do parks have rules and regulations?

Most mobilehome parks have rules that restrict or regulate resident conduct relating to such issues as pets, parking, noise, recreational or common facilities, or home and lot maintenance, among others. Rules may be short and simple, or lengthy and restrictive, depending on the type of management and size of the park.

How are parks rules and regulations enforced?

Park rules and regulations accompany the park rental agreement and are enforceable under the

MRL. The MRL provides that a park may change a rule or regulation by issuing a 6-month written notice to residents, or a 60-day written notice if the rules relate to park recreational facilities. Violations of rules are enforced by the park through termination of tenancy (see the following Eviction section), a court-ordered injunction, or with regard to lot maintenance by assessment of reasonable fees, but park rules have to be “reasonable” as interpreted by a court in the case of an injunction or termination of tenancy for a rule violation. The management must provide prospective park residents with a copy of the park rules and the MRL if they ask for them at the time of application for tenancy.

Resource: What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities

Possibility of Park Closure or Conversion

If you are a mobile home owner or you live in a mobile home park, you probably already know the possibility of park closure or park conversion. But are you familiar with the details of your rights in those scenarios? The following are some important facts you need to know — an excerpt from the pamphlet What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities.

What are my rights if the park is closed for conversion to another use?

Normally, a permit from the city or county planning agency or approval of a zoning change will be required to convert a mobilehome park to another use. If no local permits are required to convert the park to another land use, the management must give you a minimum 12-month written termination notice. Where permits are required, the park management must give homeowners at least a 15-day written notice that management will be appearing before the local agency to obtain a permit for the park’s change of use. The local agency must require the park to submit a report on the impact that the park’s conversion will have on the ability of residents to find alternative places to relocate, and the local agency, at its discretion, may require the park to pay the reasonable costs of residents’ relocation as a condition of obtaining the permits. Once all permits have been obtained, the management must give homeowners a six-month written termination notice. The park management must also give prospective homeowners a written notice of any planned park conversion before they move in.

Resource: What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities

Mobilehome Assistance Center

What was formerly known and still is referenced on the California Housing and Community Development Site as the Mobilehome Ombudsman, is now called the Mobilehome Assistant Center.

The Mobilehome Assistant Center is a great resource to use when you have questions regarding mobilehome ownership, compensation for a fraudulent mobilehome sale, unlawful practices by dealers or salesperson, installation and inspection on manufactured homes, and so much more. They also have forms you can download, such as request for assistance on manufactured home sales and mobilehome park assistance.

Be sure to visit the link below to see all of the resources and forms they have.

Mobilehome Assistance Center: http://www.hcd.ca.gov/manufactured-mobile-home/mobile-home-ombudsman/index.shtml

Selling or Moving Your Mobile Home

Have you ever considered selling, or even moving a mobile home?  The following are some important facts you need to know.

What rights do I have to sell my mobile home in the park?

Despite the “mobile” connotation, once installed in a park most mobile homes are not moved but are resold in the place of the park. Mobile homes can be expensive to move, but sometimes that alternative is a consideration if the rent in the new location is significantly lower than the current location or you are moving your home to a lot you own.  The use of a private parcel for relocation of a mobile home from a park is subject to local laws.

The resale of a mobile home in the park involves management’s approval.  The Civil Code regulates home sales as follows:

  • The park management can require notice that you are selling your home in the park but they cannot require you to sell it to them unless you have signed a legal document that states differently.
  • The park management cannot charge you or your agent a fee as a condition of the sale of your mobile home in the park unless you give them written authorization to perform a service in the sale.
  • The park management cannot require the selling owner or owner’s heir to use the management or a dealer or broker approved by the management as an agent in the sale, and the management cannot show or list the home for sale without first obtaining your written authorization.
  • The park management cannot require you to remove your mobile home from the park upon sale to another party, unless the home:
    1. Does not meet minimum health, safety and construction codes standards; or
    2. Is in significantly run-down condition and disrepair, as reasonably determined by the management; or
    3. Is not a mobile home or manufactured home (i.e. smaller than 8 x 40 feet in size).
  • The homeowner has the right to put up a ‘for sale’ sign in the window or side of the home, or the yard facing the street on A or H type frame if it does not extend into the street. The sign face cannot exceed 24 x 36 inches in size and may include the name, address and phone numbers of the owner or agent. Information tubes for leaflets about the home for sale may be attached to the sign or the home.
  • The park management has the right to approve the buyer of your home if it remains in the park. The management must inform you and the buyer in writing within 15 business days whether they accept or reject your buyer for residency. The management may only reject the buyer for two reasons:
    1. Buyer’s inability to pay the rent and charges of the park – usually based on an income-to-rent ratio and the buyer’s credit history; or
    2. Buyer’s inability to comply with the park’s rules and regulations – usually based on past rental history or conduct in other mobile home parks or apartments.
  • Mobile home owners and their sales agents must provide their buyers with a mobile home resale or transfer disclosure statement (TDs) on used mobile homes that lists the home’s features, defects, and code violations, if any. The park management must also provide buyers of homes in the park with a park disclosure check-off form indicating any problems with specified park facilities before they sign a rental agreement to move into the park.
  • Every mobile home sold or resold on or after January 1, 2009 must have a smoke alarm installed in every sleeping room.

Resource: What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities.

 

Worries of Eviction as a Mobile Home Owner

As a mobile home owner, are you familiar with the rules and regulations that you need to comply? The following are some important facts you need to know, taken from the pamphlet What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities.

Eviction – As a homeowner, can I be evicted from the park?

Yes. The park management may evict you if:

  • You have received notice by a government agency that you are violating a local ordinance or state law and have not complied with the law within a reasonable period of time.
  • Your conduct in the park constitutes a substantial annoyance to other residents or homeowners.
  • You don’t pay the rent, utilities or reasonable charges within five days of the due date. IF you are late in paying the rent, you will be notified that you have three days to pay or vacate the tenancy. Full payment within three days puts you back in good standing, unless you are late in paying the rent, utilities, or reasonable charges three times within a 12-month period.
  • You are convicted of specified crimes, such as prostitution or drug offenses, committed in the park.
  • You don’t comply with ‘reasonable’ park rules and regulations (management must attach them to your rental agreement when you move into the park). The management must give you a written notice that a rule has been violated, after which you have seven days to adhere to the rule before the management can issue you a termination notice. If you have violated a rule three or more times within a 12-month period, the management may issue you a termination notice without waiting seven days for you to correct the rule violation.
  • Your mobilehome park is condemned or is closed for conversion to another use.

Unlike most apartment tenancies, however, the park management must give homeowners a 60-day notice of termination and can evict you only for these specified (just cause) reasons. Upon a termination notice, the park not only may terminate your tenancy but also require you to remove your home from the park by the end of the 60-day period. During this 60-day period, you also have the right to try to resell your home in place in the park.

In the termination notice, the management must specify why you are being evicted and include such facts as the date, place and circumstances concerning the reasons for the termination. If you stay in the park beyond the time allowed in the notice, the park management must file an action in court to evict you, known as an ‘unlawful detainer.’ In order to preserve your right to defend yourself in an unlawful detainer action, you must follow certain procedural requirements, including the filing of specified documents within a short time frame, usually five days. Most defendants in unlawful detainer actions are best advised to obtain legal representation so they can properly comply with these requirements. If you lose, the court may order your eviction carried out by a peace officer in a matter of weeks and you will probably lose your home if you cannot sell it or move it from the park. If you are actually evicted, the park management will file a warehouseman’s lien on the home, or through an abandonment proceeding, conduct an auction, and eventually gain title to it.

Resource: What Every Mobile Home Owner Should Know, published by the Senate Select Committee on Manufactured Home Communities

How to Make 2017 the Best Year Ever

As we welcome the new year, many of us wish to make it the best year ever. But how can we have a great year without putting some effort into it? There is one thing that we all can do — that many of us haven’t done in a long while — that will improve the quality of your life and the life of others around you.

It’s volunteering.

Let’s be honest. Volunteering sounds like a lot of work, especially for those who have full-time job.  But for those who are retired, it turns into a tremendous blessing. With any lifestyle you may have, consider the following benefits and values of volunteering:

  • The feeling of accomplishment: Giving up your time to do something for others can make you feel wonderful. Knowing that you chose to help others instead of sleeping in on the weekends will make you feel accomplished and productive. Helping kids with their homework at the local libraries or in your mobile home park club house instead of spending time watching television shows will make you feel like you make a difference.
  • Meet new people, make new connections: In any place that you volunteer, you will definitely meet new people. Depending on the type of the organization, you can even make new friends and new connections. Volunteering in your mobile home community will help expend your friendships. Talk with your park manager about starting a home work club and tutoring for children in your park, or ask about residents who are unable to get out much. Stopping by for a visit would mean a lot to them.
  • Learn something new: A great thing about volunteering with non-profit community organizations is that you can choose an organization that interests you, or you can choose one that is completely different and challenge yourself to something new. And through volunteering you can acquire new skills, new ideas, new hobby, or even a new perspective.
  • Get a new perspective: As long as you keep an open mind while volunteering, you will definitely gain some new perspectives. You will be humbled by your experiences of helping others. Perhaps you will realize how much you have rather than how much you don’t have.
  • Help save a life: There are many places that you can volunteer to help save a life other than hospitals. You can volunteer at a youth center or local Boys and Girls clubs to inspire young minds to stay above the influence and to stay in school. You can also volunteer at your local animal shelter to help improve the quality of life of the animals until they are adopted.

These are only some of the values and benefits of volunteering. But you can make your 2017 the best year ever if you can spare some time to volunteer. Many organizations are very flexible and will coordinate with your schedule so that you can make a difference. You can search for volunteer opportunities by reading your local newspaper or visiting your city website.  If you are a senior, contact your local Office on Aging.

If you live in Orange, Riverside, or San Bernardino Counties, you can use the links below to your county’s Office on Aging website.

Orange County: http://officeonaging.ocgov.com/opportunities/volunteer

Riverside County: http://www.rcaging.org/programs_services#vol

San Bernardino County: https://hss.sbcounty.gov/daas/ 

What is Vacancy Decontrol?

Vacancy decontrol is another term for allowing rent to change at the time of the turnover of the unit.   In other words when an apartment or mobile home has been rented at a specific rate or leased for a specific rate and the tenant or resident vacates the apartment or mobile home space, and a completely new tenant or park resident moves into the unit, the rent is only adjusted upon “turnover”.  This term is frequently used in areas where there is rent control and allows rents to be adjusted to “market rate” when a long term tenant or mobile home owner moves out.  In rent controlled jurisdictions, the new tenant receives the full benefit of the “stabilized” rent while they are occupying the unit, which is typically  below market rate.   The result of vacancy decontrol is a fully protected long term tenant and an owner of the property who is able realize a fair return on the unit once it is vacated.

California Drought Hits 4 Year Mark with No Relief in Sight

On April 1, 2015 the governor issued an Executive Order to guide California during this record long 4-year drought. This order included a 25% reduction in potable water usage, an initiative to help replace 50 million square feet of lawns with drought tolerant plans and a statewide appliance rebate program.

Many Californians are asking themselves “How can I reduce my water usage by 25%?” For those who have already replaced their high flow toilets with low flow energy efficient toilets as well as replacing other appliances it may seem like an impossible feat, but it is not.

Check your faucets for leaks, replace your lawn with drought tolerant plants (Click Here for information on the rebate program that could allow you to do this free of cost), Cut down your shower time or limit the number of showers you take a week, don’t leave faucets running waiting for the water to heat up (or collect this water to use for other household purposes), water your indoor plants sparingly and use the left over water from rinsing your dishes (or the shower water), you can even set-up a rain bucket outside to collect rain to use for indoor watering. Every little step you take will help conserve California’s water.

Have you taken all of these steps but not seen a reduction in your water usage? You may have a leak! Here are a few steps to take to see if there is a leak in your home.

Your water meter can help you determine whether your water-using fixtures or inside plumbing have inconspicuous leaks. It’s the best place to begin your search.

  • Turn off all faucets and water-consuming appliances, including evaporative coolers and icemakers in refrigerators.
  • Check the meter register for any movement of the numbers or the low-flow indicator and note the time.
  • Check the meter register again after 15-30 minutes. Any movement indicates a leak.
  • Turn off your house valve (all indoor and outdoor water). Check the meter register for any movement as described above.Any movement indicates a leak between the water meter and your home. If you suspect you have a leak, be sure to contact a plumber. And if you don’t, remember to check for leaks periodically.

Help California save water and protect yourself from potential usage fines!

Frequently Asked Mobile Home Question: Value

How does the county assessor determine the value of my manufactured home?

Manufactured homes are subject to Proposition 13 under which the county assessor determines the base year value of a manufactured home, which is generally the market value at the time of purchase. After the first assessment annual increases to the base year value are limited to the inflation rate, as measured by the California Consumer Price Index, or 2 percent, whichever is less. Any new construction will have its own separate base year value. When the manufactured home is sold, it will be reassessed at its current fair market value and a new base year value will be established. If your manufactured home is located on land that you own, the land will be assessed separately. If you live in a tenant-owned mobilehome park, a different rule may apply.

The basic structure is assessable as well as all accessories, including, but not limited to: awnings, fences, windbreakers, storage cabinets, heaters, carport, water coolers, cabanas, porches, and skirting.

Section 5803(b) of the Revenue and Taxation Code specifically provides that the assessed value of a manufactured home on leased or rental land is not to include any value attributable to the land where the home is located. This means that the county assessor must not increase the value of your mobile home because of positive location nor decrease the value because of negative location.

Fair Housing: Definition of Disability

Mobile Home Park Owners are proud to be advocates of the Fair Housing Act, which provides protection to tenants against discrimination based on race, sex, religion, color, handicap (disability), familial status or national origin. Park Owners across California take great pride in following all of these statues.

What does fair housing define as a disability?

It is a physical or mental impairment, which substantially limits one or more major life activities. This includes: mental illness, AIDS, blindness, hearing impairment, mental retardation, and mobility impairment. Note that Transvestites are expressly excluded from the definition (According to the Fair Housing Authority) unless they experience one of the impairments listed above.