Article 9Subdivisions, Cooperatives, and Condominiums

Section § 799

Explanation

This section defines key terms related to mobile home living arrangements. 'Ownership or management' includes those who own or manage mobile home subdivisions, cooperatives, or resident-owned parks. A 'resident' is someone who lives in these kinds of properties. A 'resident-owned mobilehome park' is a park where the residents have some ownership stake, unlike individual homes, cooperatives, or condominiums.

As used in this article:
(a)CA Civil Law Code § 799(a) “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park.
(b)CA Civil Law Code § 799(b) “Resident” means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park.
(c)CA Civil Law Code § 799(c) “Resident-owned mobilehome park” means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which the residents have an ownership interest in the mobilehome park.
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(Amended by Stats. 1997, Ch. 72, Sec. 1. Effective January 1, 1998.)

Section § 799.1

Explanation

This law explains how mobilehome park residents’ rights differ depending on whether they own an interest in the park or simply rent. If you own a part of a subdivision, cooperative, or condominium for mobilehomes or in a resident-owned mobilehome park, specific rules about mobilehome park living apply to you. However, if you rent your space in a park owned by a nonprofit corporation without a subdivision or condo plan, rental-specific rules are in effect.

(a)CA Civil Law Code § 799.1(a) Except as provided in subdivision (b), this article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park in which his or her mobilehome is located or installed. In a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall apply only to a resident who does not have an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or the resident-owned mobilehome park, in which his or her mobilehome is located or installed.
(b)CA Civil Law Code § 799.1(b) Notwithstanding subdivision (a), in a mobilehome park owned and operated by a nonprofit mutual benefit corporation, established pursuant to Section 11010.8 of the Business and Professions Code, whose members consist of park residents where there is no recorded subdivision declaration or condominium plan, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall govern the rights of members who are residents that rent their space from the corporation.
mobilehome park ownership interest resident rights nonprofit mutual benefit corporation cooperative condominium resident-owned park resident rights subdivision renter rights Section 11010.8 Business and Professions Code rental rules subdivision declaration condominium plan
(Amended by Stats. 2012, Ch. 492, Sec. 1. (SB 1421) Effective September 23, 2012.)

Section § 799.10

Explanation

In California, if you live in a manufactured or mobile home, you can put up a political sign for a candidate or cause in your window or on your property. These signs can't be bigger than six square feet, and you can only display them from 90 days before an election to 15 days after, unless local rules say otherwise. If there's a conflict between this rule and other rules about political signs, this one wins out.

A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisdiction where the manufactured home or mobilehome subject to this article is located imposes a more restrictive period of time for the display of such a sign. In the event of a conflict between the provisions of this section and the provisions of Part 5 (commencing with Section 4000) of Division 4, relating to the size and display of political campaign signs, the provisions of this section shall prevail.
political campaign signs manufactured home mobilehome display period sign size limit local ordinance candidate election initiative signs referendum signs recall process sign restrictions conflicting provisions six square feet election timeframe home site display
(Amended by Stats. 2012, Ch. 181, Sec. 27. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)

Section § 799.11

Explanation

This law says that mobile home owners can't be stopped from adding things like ramps or handrails for disability access, as long as they follow building codes and get any necessary permits. However, the park management might ask the homeowner to remove these features when they leave, or they might agree on something else in writing before selling the mobile home. This law doesn't cancel out any other rules about disability access.

The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled.
mobile home disability accommodations ramps handrails accessibility installation permit requirement enforcement agency removal upon mobile home exit resale agreement code compliance park management consent homeowner rights disabled access modifications
(Added by Stats. 2008, Ch. 170, Sec. 4. Effective January 1, 2009.)

Section § 799.12

Explanation

This law states that any rules in rental agreements or other documents that prevent mobilehome residents in certain communities from installing solar energy systems are not allowed. Management cannot charge fees or dictate which installation company or products to use, nor can they benefit financially from a resident's solar installation. While reasonable restrictions are permitted, they must not make the system too costly or inefficient. Solar systems need to meet safety and performance standards. Master-meter parks are excluded from this rule. Violations can lead to damages and penalties, with successful lawsuits also allowing for recovery of attorney's fees.

(a)CA Civil Law Code § 799.12(a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located is void and unenforceable.
(b)CA Civil Law Code § 799.12(b) Ownership or management shall not prohibit or restrict a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located. Ownership or management shall not do any of the following:
(1)CA Civil Law Code § 799.12(b)(1) Charge any fee to a homeowner or resident in connection with the installation or use of a solar energy system.
(2)CA Civil Law Code § 799.12(b)(2) Require a homeowner or resident to use a specific solar installation contractor or solar energy system or product.
(3)CA Civil Law Code § 799.12(b)(3) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system.
(c)CA Civil Law Code § 799.12(c) This section does not apply to imposition of reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(d)Copy CA Civil Law Code § 799.12(d)
(1)Copy CA Civil Law Code § 799.12(d)(1) For purposes of this section, “solar energy system” has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(2)CA Civil Law Code § 799.12(d)(2) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.
(3)CA Civil Law Code § 799.12(d)(3) Solar energy systems and solar collectors used for heating water shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
(4)CA Civil Law Code § 799.12(d)(4) A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, if applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e)CA Civil Law Code § 799.12(e) This section shall not apply to a master-meter park. “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code.
(f)CA Civil Law Code § 799.12(f) Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000).
(g)CA Civil Law Code § 799.12(g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.
solar energy system mobilehome installation restrictions subdivision cooperative condominium resident-owned park tenant rights fee prohibition installation contractor solar rebates reasonable restrictions safety standards performance standards master-meter parks
(Added by Stats. 2024, Ch. 162, Sec. 2. (SB 1190) Effective January 1, 2025.)

Section § 799.2

Explanation

If you own or manage a mobile home park, you can't show or list a resident's mobile home for sale unless the resident gives you written permission. That permission should outline how and under what conditions the showing or listing can happen. This law doesn't change any rules about licensing for mobile home salespeople.

The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.
Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen.
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(Amended by Stats. 1983, Ch. 519, Sec. 14.)

Section § 799.3

Explanation

If you sell your mobile home that's in a mobilehome park, subdivision, cooperative, or condominium, the managers or owners of the park can't make the buyer move the mobile home out of the park.

The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park in the event of its sale to a third party.
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(Amended by Stats. 1997, Ch. 72, Sec. 3. Effective January 1, 1998.)

Section § 799.4

Explanation

If you're selling a mobile home that will stay in a mobile home community, the owner or manager can ask to approve the buyer first. However, they can't refuse approval if the buyer can afford the fees unless they have a good reason to believe the buyer won't follow the community rules based on their past behavior.

The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park and that the selling resident, or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park.
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(Amended by Stats. 1997, Ch. 72, Sec. 4. Effective January 1, 1998.)

Section § 799.5

Explanation
If you're buying a mobile home to live in a certain type of community in California, like a subdivision or a mobile home park, the community can require you to follow age rules if it's meant for older people. This is allowed as long as these rules follow federal Fair Housing Act guidelines.
The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations.
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(Amended by Stats. 1997, Ch. 72, Sec. 5. Effective January 1, 1998.)

Section § 799.6

Explanation

This law states that any agreement that tries to make a buyer give up their legal rights under this set of rules is not allowed. If a contract contains such a clause, it is considered invalid and can't be enforced.

No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed contrary to public policy and void and unenforceable.
purchaser rights waiver of rights unenforceable provision public policy invalid clause purchaser agreement contractual waiver rights under the article void provision buyer protection enforceability contract terms rights waiver legal rights contractual rights
(Amended by Stats. 1983, Ch. 519, Sec. 16.)

Section § 799.7

Explanation

If there's going to be an interruption in your mobile home park's utilities that lasts more than two hours because of maintenance work (but isn't an emergency), the management has to give you at least 72 hours' notice. This notice has to be in writing and posted on your home. If they don't do this, and you're harmed as a result, they can be made to pay for actual damages. An emergency means some unexpected issue, like a natural disaster or accident, not simply planned work by the management.

The ownership or 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 subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park, if the interruption is not due to an emergency. The ownership or 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.
utility service interruption mobilehome park advance notice 72 hours notice actual damages maintenance interruption emergency utility interruption management liability utility repair notice resident-owned mobilehome park subdivision utility systems management control utility service accident act of nature planned maintenance
(Amended by Stats. 1997, Ch. 72, Sec. 6. Effective January 1, 1998.)

Section § 799.8

Explanation
When someone wants to buy or set up a mobile home on a space where no mobile home has been before and construction started after September 1, 1986, the park management must inform them in writing that there might be a fee for school facilities.
The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space or lot, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code.
manufactured home mobilehome installation residency application school facilities fee pad or foundation system foundation construction park management disclosure School facilities Government Code Post-1986 construction Space or lot
(Added by Stats. 1994, Ch. 983, Sec. 2. Effective January 1, 1995.)

Section § 799.9

Explanation

If you're a homeowner with a mobile home in California, you can let someone 18 or older live with you if they are providing health care or supervision, and no extra fees can be charged by management for this. However, you might need to prove the need for the care with a note from a health professional. The person living with you doesn't gain any tenancy rights and must follow all park rules. For senior homeowners, who are 55 or older, they can also have a parent, sibling, child, or grandchild live with them for care. Again, no extra fees can be charged, proof of need might be required, and management is not responsible for this person's care.

(a)CA Civil Law Code § 799.9(a) A homeowner may share his or her mobilehome with any person 18 years of age or older if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park.
(b)CA Civil Law Code § 799.9(b) A senior homeowner who resides in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 799.5, may share his or her mobilehome with any person 18 years of age or older if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. Unless otherwise agreed upon, the management shall not be required to manage, supervise, or provide for this person’s care during his or her stay in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. As used in this subdivision, “senior homeowner” means a homeowner or resident who is 55 years of age or older.
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(Amended by Stats. 2017, Ch. 767, Sec. 2. (SB 147) Effective January 1, 2018.)

Section § 799.1.5

Explanation
If you inherit a mobile home due to the death of the previous owner, or if you are an agent of such a person, you're allowed to advertise its sale or, if allowed, rental. You can put a sign in the window or on the front or side of the mobile home as long as it fits certain size limits and includes your contact details. You can also post an 'open house' sign if park rules allow. The sign may include holders for information leaflets about the mobile home.
A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her mobilehome by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent.
mobilehome sale inheritance advertising open house signs mobilehome rental advertising estate representatives sign specifications contact information requirements advertising restrictions mobilehome leaflet holders mobilehome display rules park management agreements
(Amended by Stats. 2005, Ch. 22, Sec. 12. Effective January 1, 2006.)

Section § 799.2.5

Explanation

This law states that the owners or managers of a mobilehome park cannot enter a resident's mobilehome without their written permission, which can be taken back at any time. However, they can enter the land around the mobilehome for maintenance purposes or if the resident isn't keeping up the property but must do so without bothering the resident's peaceful living. They also can enter without permission in emergencies or if the mobilehome is abandoned.

(a)CA Civil Law Code § 799.2.5(a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park when the homeowner or resident fails to so maintain the premises, and protection of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment.
(b)CA Civil Law Code § 799.2.5(b) The ownership or management may enter a mobilehome without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome.
mobilehome entry rights resident consent property maintenance utility maintenance quiet enjoyment emergency entry abandoned mobilehome land entry mobilehome management management access rights
(Amended by Stats. 2006, Ch. 538, Sec. 40. Effective January 1, 2007.)