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SB-111 Mobilehome Residency Law.(2009-2010)

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SB111:v95#DOCUMENT

Senate Bill No. 111
CHAPTER 558

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.

[ Approved by Governor  October 11, 2009. Filed with Secretary of State  October 11, 2009. ]

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.