Your Rights Bytes #20
 

Q.  Can the park start billing residents for utilities that were previously included in the rent?

A.  If the residents’ rental agreement provides that sewer, water and garbage are included in the rent, the park management may elect to itemize or charge separately for these utilities. (Civil Code [Mobilehome Residency Law, or MRL] §798.41) In this case, the average monthly amount of the utility charges shall be deducted from the rent. If the rental agreement does not specifically indicate that utility charges are included in the rent, then the park owner could charge for them after complying with the 60-day written notice requirement. (Civil Code §798.32)

Recap:

● If the lease or rental agreement stipulates separate charges, then the resident must pay accordingly.

● If it is not stipulated in the lease or rental agreement, then the park must give a 60-day advance written notice of an itemized billing.

 

Q.  Can the park owner require a deposit or fee for use of the clubhouse by the homeowners association?

A.  No, however there are certain exceptions. The MRL provides that a park rental agreement or rule or regulation shall not deny a homeowner or resident the right to hold meetings for a lawful purpose in the clubhouse at reasonable times and in a reasonable manner, when the facility is not otherwise in use. (Civil Code §798.51(a)(1)) Homeowners or residents may not be charged a cleaning deposit or require liability insurance in order to use the clubhouse for meetings relating to mobilehome living or for social or educational purposes and to which all homeowners are allowed to attend. (Civil Code §798.51(b)) However, the park may require a liability insurance binder when alcoholic beverages are served. (Civil Code §798.51(c)) If a homeowner reserves the clubhouse for a private function to which all park residents are not invited, the park could charge a fee or deposit.

Recap:

● No fee may be charged for homeowner functions.

● A liability insurance fee may be charged if alcohol is served.

● A fee may be charged for private parties.

 

Q. Can the park owner or manager move lot lines without permission from residents whose spaces are affected?

A.  Before moving a lot line, the management must obtain a permit (Health & Safety Code Sec. 18610.5) from the state Department of Housing and Community Development and verify that the park has obtained the consent of homeowners affected by the lot line change. However, in some older parks there are no markers or defined lot lines and no plot maps indicating where the lot lines should be. In cases where there is no documented evidence of original lot lines, HCD may not be able to determine that the lot line has been moved and that a permit is required. The issue then becomes a legal matter between the park management and the affected homeowners.

Recap:

● A permit is required from the state Dept. of Housing before the park moves lot lines.

● In old parks with no official lot line maps, moving lot lines may require legal or regulatory oversight.

Source:  The MRL FAQ, MRL Handbook 2022

Senate Select Committee on Manufactured Homes and Communities