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ON THE LEVEL Inc.

Nationwide Experts in Manufactured Housing

By John DL Arendsen | Broker in Encinitas, CA
  • Mobile Home, Manurfactured Home Park MANAGER ENTERING LOT

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 9, 2014 6:40 AM  |  98 views  |  No comments

    Mobile Home, Manurfactured Home Park MANAGER ENTERING LOT

     

    Q. Does the park manager have the right to enter my lot without notice?

    A. The Mobilehome Residency Law (MRL) (Civil Code Sec. 798.26) provides that the park manager has the right to enter the lot at reasonable times and in a manner that does not interfere with the resident‟s “quiet enjoyment” for the purpose of maintaining utilities, trees and driveways, protection of the park, and for maintenance of the premises where the resident has failed to maintain them in accordance with the park rules.

    The MRL does not require the manager to give the resident a notice for this purpose, but manager has no 
    right to enter the home without prior written consent of the homeowner except in an emergency or where the resident has abandoned the home.

    Recap:

    Park manager may enter private lots under reasonable circumstances, as defined in the MRL. 

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    ON THE LEVEL GENERAL CONTRACTORS INC.

     

      

    800 909-1110

    JOHN ARENDSEN 760 815-6977

    onthelevel@cox.net

     

    Scott Arendsen 760 415-1923

     

    scottarendsen@mac.com

     

    JANIS ARENDSEN 760 415-1982

  • MANAGEMENT NOT AVAILABLE IN EMERGENCIES In A Mobile Home, Manufactured Home Park Community.

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 9, 2014 6:34 AM  |  99 views  |  No comments

    MANAGEMENT NOT AVAILABLE IN EMERGENCIES In A Mobile Home, Manufactured Home Park Community.


     

    Q. Does the law require a manager to be on the premises at all times in case of emergencies?

    A. Not exactly. Health and Safety Code Section 18603 requires a manager or his/her designee to reside in parks with 50 or more spaces, but does not require them to be on the premises 24 hours a day.

    The code does require a person to be available by telephonic means, including telephone, cellular phone, pager, answering machine or answering service, to reasonably respond in a timely manner to emergencies concerning the operation and maintenance of the park.

    The agency responsible for enforcement of park health and safety requirements (either local government or HCD) should be contacted about citing the park for this possible violation, although some enforcement agencies are reluctant to cite for this violation because it is difficult to prove.

    Additionally, residents may have a legal cause of action against the park for damage from a safety or health hazard
    due to the park‟s negligence in not being available.

    Recap:

    Park manager does not have to be on premises 24/7.
    Park manger does have to be available by phone to respond to health and 
    safety emergencies affecting the park. 


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    ON THE LEVEL GENERAL CONTRACTORS INC.

     

      

    800 909-1110

    JOHN ARENDSEN 760 815-6977

    onthelevel@cox.net

     

    Scott Arendsen 760 415-1923

     

    scottarendsen@mac.com

     

    JANIS ARENDSEN 760 415-1982

  • CONTACTING A Mobile Home, Manufactured Home Park OWNER OR OPERATOR

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 9, 2014 6:27 AM  |  113 views  |  No comments

    CONTACTING A Mobile Home, Manufactured Home Park OWNER OR OPERATOR

     

    Q. How can we find out who operates and who owns the park to tell them about problems that the management is not handling?

    A. Contact information for park owners/operators can be found on the Department of Housing‟s (HCD‟s) Mobilehome and RV Parks Search webpage (http://www.hcd.ca.gov/ParksListing/faces/parkslist/mp.jsp).

    Finding the actual owner may be more difficult and requires research of property tax records, deeds of trust and similar records at the county
    ‟s tax assessor‟s and recorder‟s offices.

    If the name turns out to be a b
    usiness, corporation or trust, one will have to do more research using the Secretary of State‟s “Business Portal” (http://www.sos.ca.gov/business/business.htm), listing business organizations that have been formed as limited liability corporations (LLC) or
    limited liability partnerships (LLP).

    As a last resort, where the manager refuses to provide the name and address of the park owner to residents, as required by the MRL (Civil Code Sec. 798.28), residents may wish to consider the cost of taking legal action to get a court to compel the manager to provide the information.

    Recap:

    For name of park owner or operator, search online at www.hcd.ca.gov (state Dept. of Housing), or www.sos.ca.gov (Secretary of State). 


    all On Us Anytime To BE Your Go To Guys For

     

    Information & Knowledge About

     

    MANUFACTURED  HOMES

     

     

    ON THE LEVEL GENERAL CONTRACTORS INC.

     

      

    800 909-1110

    JOHN ARENDSEN 760 815-6977

    onthelevel@cox.net

     

    Scott Arendsen 760 415-1923

     

    scottarendsen@mac.com

     

    JANIS ARENDSEN 760 415-1982

  • Mobile Home, Manufactured Home Park Community VIOLATIONS OF THE MRL

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 9, 2014 6:18 AM  |  97 views  |  No comments

    Mobile Home, Manufactured Home Park Community VIOLATIONS OF THE MRL

     

    Q. What good is the Mobilehome Residency Law if there is no enforcement and residents have to go to court to protect themselves?

    A. The Mobilehome Residency Law (MRL) the landlord-tenant law for mobilehome parks -- is part of the Civil Code. 
    The enforcement mechanism is through the civil courts, not law enforcement or another government agency. 

    Except with regard to public nuisance and health and safety issues in parks, legislative attempts to have district attorneys or city attorneys enforce all or part of the MRL have failed in the past.

    There is no
    mobilehome “police.” Courts are a governmental agency, one of the three branches of government responsible for, among other things, resolving or deciding civil disputes.

    When faced with a problem, residents need to network through mobilehome advocacy organizations or by forming homeowners associations to protect themselves as a group.

    Few
    attorneys are familiar with mobilehome law or are interested in practicing it, but as the number of lawsuits against park owners/managers grows, more attorneys are starting to deal with those issues.

    Some mobilehome organizations or the county bar association can provide references or lists of attorneys who take mobilehome cases. In some cases, simply hiring an attorney to write a letter
    on his/her firm‟s letterhead to the management may solve the problem.

    In other cases, small claims court may have jurisdiction over cases involving damages of less than $7,500, and, with preparation and advice from
    mobilehome advocates or attorneys, one can appear in court on one‟s own behalf.

    All park violations should be documented for evidence in court.

    MRL
    provisions allow a successful plaintiff to ask the court for attorney‟s fees if he/she prevails and obtain up to a $2,000 penalty against the park, at the discretion of the judge, for each willful management violation of the MRL that is proved.

    Recap:

    The Mobilehome Residency Law is enforced through the courts. 

    all On Us Anytime To BE Your Go To Guys For

     

    Information & Knowledge About

     

    MANUFACTURED  HOMES

     

     

    ON THE LEVEL GENERAL CONTRACTORS INC.

     

      

    800 909-1110

    JOHN ARENDSEN 760 815-6977

    onthelevel@cox.net

     

    Scott Arendsen 760 415-1923

     

    scottarendsen@mac.com

     

    JANIS ARENDSEN 760 415-1982

  • MOBILE HOME, MANUFACTURED HOME PARK OWNERS & MANAGERS

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 9, 2014 6:06 AM  |  95 views  |  No comments

    MOBILE HOME, MANUFACTURED HOME PARK OWNERS & MANAGERS


    PARK MANAGER INTIMIDATION

     

    Q. What can residents do about park managers who intimidate and harass?

    A. This is one of the most difficult issues to resolve and there are no easy answers.

    Recent legislation to initiate a mandatory educational training program for park managers (AB 1469; 2006) was vetoed by the Governor.

    There are no qualifications to be a mobilehome park manager. Many are good managers, but some are unprofessional and arbitrary in dealing with residents.

    The Mobilehome Residency Law (MRL) gives residents certain rights, but when difficult issues have to be resolved, residents need to form
    homeowners‟ organizations or affiliate with mobilehome groups that advocate for mobilehome owners interests and work as a group in dealing with the park management.

    The best defense is a good offense, but don‟t confront the
    manager in a belligerent or overly argumentative fashion to make matters worse. If the manager won‟t let residents use the clubhouse for meetings, get organized and use one of the residents‟ homes or meet at a nearby restaurant, community center or meeting place outside the park.

    Keep a journal or document as evidence all manager violations. Consult an attorney,
    victims‟ rights groups, local fair housing organization or the state Department of Fair Employment and Housing (DFEH) about your rights, as well and those of others in the park, relating to possible violations of protected classes (discrimination), elder abuse laws, unfair business practices, or the MRL.

    If you prevail against the management in court, you can ask the court for
    attorney‟s fees. If you can prove willful management violations of the MRL you can obtain up to a $2,000 penalty for each violation.

    Talk to the local newspaper or TV news about doing a story about conditions in the park.

    Have an attorney send a letter to the park owner about the manager‟s
    behavior and request a meeting with the owner or another representative of the owner, other than the manager.

    Ask the owner to consider that the manager be replaced before he/she becomes a liability to the park owner.

    Recap:

    Form a homeowners group, keep record of evidence, and contact local or state fair housing commission for counsel and assistance. 

    all On Us Anytime To BE Your Go To Guys For

     

    Information & Knowledge About

     

    MANUFACTURED  HOMES

     

     

    ON THE LEVEL GENERAL CONTRACTORS INC.

     

      

    800 909-1110

    JOHN ARENDSEN 760 815-6977

    onthelevel@cox.net

     

    Scott Arendsen 760 415-1923

     

    scottarendsen@mac.com

     

    JANIS ARENDSEN 760 415-1982

  • TREES AND DRIVEWAYS In Mobile Home, Manufactured Home Park Communities.

    Posted Under: Rent vs Buy in San Diego County, Property Q&A in San Diego County, Investment Properties in San Diego County  |  July 8, 2014 2:32 PM  |  74 views  |  No comments
    1. TREES AND DRIVEWAYS In Mobile Home, Manufactured Home Park Communities.

    2. Q. Can the park manager force me to pay for maintenance or removal of a
      tree on my space and for maintenance of my driveway?

       

      A. It depends on the facts of the case.

      The “tree and driveway” issue has been
      subject to major debate for years.

      A 1992 Department of Housing and Community Development (HCD) legal opinion characterized trees in mobilehome parks as fixtures belonging to the park owner, who is responsible for their maintenance.

      However, HCD legal counsel also opined that this responsibility could be delegated to the homeowner through the rental agreement. If the rental agreement requires the homeowner to be responsible for maintenance of the trees, then a 60-day notice probably does not have to be given, since it is already in the rental agreement.

      If the rental agreement does not make the homeowner responsible for maintenance of the trees, then the park owner is responsible for maintenance or removal of a tree on your space only if it is a hazard or constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). (Civil Code 798.37.5.)
       
      Homeowners may have to pay a fee for an inspection, where there is a dispute between the park and the homeowner over the tree 
      and where the homeowner requests an inspection by HCD or the local enforcement agency.

      Inspectors have wide discretion in this regard, and if the inspector does not find a violation, the homeowner may end up having to pay to remove the tree anyway.

      The issue could also be litigated by paying the charges under-protest to avoid a termination of tenancy and then filing a claim against the park for the amount in small claims court, where a judge would decide. 

      With regard to driveways, the park owner is responsible for maintenance unless the homeowner has damaged the driveway or the driveway was installed by the homeowner.

    Recap:

    • ●  If signed lease or rental agreement makes homeowner/resident responsible, then resident must pay.

    • ●  If no stipulation of responsibility in the lease agreement, then park is only responsible if it is a health and safety hazard.

    • ●  Driveways are responsibility of park unless driveway was installed or damaged by homeowner. 


      all On Us Anytime To BE Your Go To Guys For

       

      Information & Knowledge About

       

      MANUFACTURED  HOMES

       

       

      ON THE LEVEL GENERAL CONTRACTORS INC.

       

        

      800 909-1110

      JOHN ARENDSEN 760 815-6977

      onthelevel@cox.net

       

      Scott Arendsen 760 415-1923

       

      scottarendsen@mac.com

       

      JANIS ARENDSEN 760 415-1982

  • LOT LINES In Mobile Home, Manufactured Home Park Communities.

    Posted Under: Home Buying in San Diego County, Rent vs Buy in San Diego County, Property Q&A in San Diego County  |  July 8, 2014 2:23 PM  |  43 views  |  No comments

    LOT LINES In Mobile Home, Manufactured Home Park Communities.

    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 from the enforcement agency, usually the Department of Housing (HCD) or a local agency, 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:

    • ●  Permit is required from state Dept. of Housing before park moves lot lines.

    • ●  In old parks with no official lot line maps, moving lot lines may cause legal action

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