| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1528Introduced by Assembly Member BigelowFebruary 22, 2019 An act to amend Section 798.71 798.84 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 1528, as amended, Bigelow. Mobilehomes.Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law authorizes the management, defined as the owner of a mobilehome park, to require a homeowner to advise management in writing if the homeowners mobilehome is for sale. That law prohibits a homeowner from commencing an action based upon the managements 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 make nonsubstantive changes to that provision.This bill would also prohibit a homeowner from commencing an action based upon the managements 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 act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death.SECTION 1.Section 798.71 of the Civil Code is amended to read:798.71.(a)(1)The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owners written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.(2)The management may require that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale, failure to comply with this requirement shall not invalidate a transfer.(b)The management shall not prohibit the listing or the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, or the agent of any such person other than the management. For purposes of this section, listing includes advertising the address of the home to the general public.(c)The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of managements approval of the buyer or prospective homeowner for residency in the park.(d)The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which the homeowner resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home.(e)Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers.(f)This section shall become operative on July 1, 2016. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1528Introduced by Assembly Member BigelowFebruary 22, 2019 An act to amend Section 798.71 798.84 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 1528, as amended, Bigelow. Mobilehomes.Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law authorizes the management, defined as the owner of a mobilehome park, to require a homeowner to advise management in writing if the homeowners mobilehome is for sale. That law prohibits a homeowner from commencing an action based upon the managements 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 make nonsubstantive changes to that provision.This bill would also prohibit a homeowner from commencing an action based upon the managements 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 act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 21, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 02, 2019 | |
| 8 | 7 | Amended IN Assembly March 21, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1528 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member BigelowFebruary 22, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Bigelow | |
| 17 | 16 | February 22, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to amend Section 798.84 of the Civil Code, relating to mobilehomes. | |
| 18 | + | An act to amend Section 798.71 798.84 of the Civil Code, relating to mobilehomes. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 1528, as amended, Bigelow. Mobilehomes. | |
| 26 | 25 | ||
| 27 | - | 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 managements 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 managements 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 | |
| 26 | + | Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law authorizes the management, defined as the owner of a mobilehome park, to require a homeowner to advise management in writing if the homeowners mobilehome is for sale. That law prohibits a homeowner from commencing an action based upon the managements 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 make nonsubstantive changes to that provision.This bill would also prohibit a homeowner from commencing an action based upon the managements 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 act. | |
| 28 | 27 | ||
| 29 | - | 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 managements 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. | |
| 28 | + | Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law authorizes the management, defined as the owner of a mobilehome park, to require a homeowner to advise management in writing if the homeowners mobilehome is for sale. That law prohibits a homeowner from commencing an action based upon the managements 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. | |
| 30 | 29 | ||
| 31 | - | This bill would also prohibit a homeowner from commencing an action based upon the managements 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. | |
| 30 | + | This bill would make nonsubstantive changes to that provision. | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | ||
| 34 | + | This bill would also prohibit a homeowner from commencing an action based upon the managements 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 act. | |
| 32 | 35 | ||
| 33 | 36 | ## Digest Key | |
| 34 | 37 | ||
| 35 | 38 | ## Bill Text | |
| 36 | 39 | ||
| 37 | - | 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 managements 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 | |
| 40 | + | 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) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death.SECTION 1.Section 798.71 of the Civil Code is amended to read:798.71.(a)(1)The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owners written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.(2)The management may require that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale, failure to comply with this requirement shall not invalidate a transfer.(b)The management shall not prohibit the listing or the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, or the agent of any such person other than the management. For purposes of this section, listing includes advertising the address of the home to the general public.(c)The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of managements approval of the buyer or prospective homeowner for residency in the park.(d)The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which the homeowner resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home.(e)Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers.(f)This section shall become operative on July 1, 2016. | |
| 38 | 41 | ||
| 39 | 42 | The people of the State of California do enact as follows: | |
| 40 | 43 | ||
| 41 | 44 | ## The people of the State of California do enact as follows: | |
| 42 | 45 | ||
| 43 | - | 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 managements 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 | |
| 46 | + | SECTION 1. Section 798.84 of the Civil Code is amended to read:798.84. (a) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death. | |
| 44 | 47 | ||
| 45 | 48 | SECTION 1. Section 798.84 of the Civil Code is amended to read: | |
| 46 | 49 | ||
| 47 | 50 | ### SECTION 1. | |
| 48 | 51 | ||
| 49 | - | 798.84. (a) A homeowner shall not commence an action based upon the managements 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 | |
| 52 | + | 798.84. (a) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death. | |
| 50 | 53 | ||
| 51 | - | 798.84. (a) A homeowner shall not commence an action based upon the managements 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 | |
| 54 | + | 798.84. (a) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death. | |
| 52 | 55 | ||
| 53 | - | 798.84. (a) A homeowner shall not commence an action based upon the managements 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 | |
| 56 | + | 798.84. (a) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied:(1) The homeowner has utilized the provisions available 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. action, subject to all of the following requirements:(b)(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.(c)(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.(d)(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 the provisions of subdivisions (b) and (c), 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.(e)(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.(f)(b) This section does not apply to actions for personal injury or wrongful death. | |
| 54 | 57 | ||
| 55 | 58 | ||
| 56 | 59 | ||
| 57 | - | 798.84. (a) A homeowner shall not commence an action based upon the managements 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: | |
| 60 | + | 798.84. (a) No A homeowner shall not commence an action based upon the managements alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the both of the following are satisfied: | |
| 58 | 61 | ||
| 59 | - | (1) The homeowner has utilized the provisions available | |
| 62 | + | (1) The homeowner has utilized the provisions available under the Mobilehome Residency Law Protection Act (Part 2.2 (commencing with Section 18800) of Division 13 of the Health and Safety Code). | |
| 60 | 63 | ||
| 61 | - | (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: | |
| 64 | + | (2) The management has been given at least 30 days prior notice of the intention to commence the action. action, subject to all of the following requirements: | |
| 65 | + | ||
| 66 | + | (b) | |
| 67 | + | ||
| 68 | + | ||
| 62 | 69 | ||
| 63 | 70 | (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. | |
| 64 | 71 | ||
| 72 | + | (c) | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 65 | 76 | (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. | |
| 66 | 77 | ||
| 67 | - | (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. | |
| 78 | + | (d) | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | (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 the provisions of subdivisions (b) and (c), 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. | |
| 83 | + | ||
| 84 | + | (e) | |
| 85 | + | ||
| 86 | + | ||
| 68 | 87 | ||
| 69 | 88 | (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. | |
| 70 | 89 | ||
| 90 | + | (f) | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 71 | 94 | (b) This section does not apply to actions for personal injury or wrongful death. | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (a)(1)The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owners written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (2)The management may require that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that the homeowners manufactured home or mobilehome is for sale, failure to comply with this requirement shall not invalidate a transfer. | |
| 105 | + | ||
| 106 | + | ||
| 107 | + | ||
| 108 | + | (b)The management shall not prohibit the listing or the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, or the agent of any such person other than the management. For purposes of this section, listing includes advertising the address of the home to the general public. | |
| 109 | + | ||
| 110 | + | ||
| 111 | + | ||
| 112 | + | (c)The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of the owners death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of managements approval of the buyer or prospective homeowner for residency in the park. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | (d)The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which the homeowner resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (e)Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (f)This section shall become operative on July 1, 2016. |