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AB-1528 Mobilehomes.(2019-2020)

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Date Published: 04/02/2019 09:00 PM
AB1528:v97#DOCUMENT

Amended  IN  Assembly  April 02, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1528


Introduced by Assembly Member Bigelow

February 22, 2019


An act to amend Section 798.84 of the Civil Code, relating to mobilehomes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1528, as amended, Bigelow. Mobilehomes.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. That law prohibits a homeowner from commencing an action based upon the management’s alleged failure to maintain physical improvements in the common facilities in good working order or alleged reduction of service, unless management has been given at least 30 days’ prior notice, as provided. Existing law, the Mobilehome Residency Law Protection Act, establishes the Mobilehome Residency Law Protection Program, beginning July 1, 2020, which, among other things, requires the Department of Housing and Community Development to provide assistance in taking complaints, and to help resolve and coordinate the resolution of those complaints, from homeowners relating to the Mobilehome Residency Law.
This bill would also prohibit a homeowner from commencing an action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or alleged reduction of service, unless the homeowner has utilized the provisions available under the and all other eligible complainants have utilized and exhausted all available remedies provided under the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 798.84 of the Civil Code is amended to read:

798.84.
 (a) A homeowner shall not commence an action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service unless both of the following are satisfied:
(1) The homeowner has utilized the provisions available under the and all other eligible complainants have utilized and exhausted all available remedies provided under the Mobilehome Residency Law Protection Act (Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code).
(2) The management has been given at least 30 days’ prior notice of the intention to commence the action, subject to all of the following requirements:
(A) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park.
(B) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(C) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with subparagraphs (A) and (B), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(D) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.
(b) This section does not apply to actions for personal injury or wrongful death.