This chapter shall be known and may be cited as the Floating Home Residency Law.
Article 1General Provisions
Section § 800
This law section is the title of the set of rules and regulations related to floating home living arrangements, known as the Floating Home Residency Law.
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Section § 800.1
This section clarifies that the meanings of terms used in this chapter will follow specific definitions unless something else in the text indicates a different interpretation is needed.
Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
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Section § 800.2
This law defines 'management' as either the owner or someone authorized to act for the owner regarding tenants in a floating home marina.
“Management” means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the floating home marina.
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Section § 800.3
In this section, a 'floating home' is defined exactly as it is in another section of California's Health and Safety Code.
“Floating home” has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.
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Section § 800.4
This section defines what a 'floating home marina' is. It's a place with at least five spaces for floating homes rented out to the public. However, it excludes marinas that meet these criteria: they must be nonprofit, with any profits staying within the nonprofit sector; rules must be decided by a vote from those who rent spaces there; and they must have fewer than 25 spaces for floating homes.
“Floating home marina” means an area where five or more floating home berths are rented, or held out for rent, to accommodate floating homes, but does not include a marina or harbor that satisfies all of the following:
(a)CA Civil Law Code § 800.4(a) The marina or harbor is managed by a nonprofit organization, the property, assets, and profits of which may not inure to any individual or group of individuals, but only to another nonprofit organization.
(b)CA Civil Law Code § 800.4(b) The rules and regulations of the marina or harbor are set by majority vote of the berthholders thereof.
(c)CA Civil Law Code § 800.4(c) The marina or harbor contains berths for fewer than 25 floating
homes.
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Section § 800.5
This law defines what a 'rental agreement' is. It's a contract between the property manager and the person renting the home, laying out the rules and terms for the tenant's stay. A lease is also considered a type of rental agreement.
“Rental agreement” means an agreement between the management and the homeowner establishing the terms and conditions of a tenancy. A lease is a rental agreement.
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Section § 800.6
This section defines a 'homeowner' as someone who either owns or lives in a floating home located within a floating home marina, as long as they have a rental agreement in place with the marina management.
“Homeowner” means a person who owns or resides in a floating home which is in a floating home marina pursuant to a rental agreement with management.
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Section § 800.7
The term "change of use" in a floating home marina refers to using the marina for something other than renting out five or more spaces for floating homes. This doesn't include simply changing the marina rules or regulations. Instead, it could mean converting the marina or parts of it into things like a condominium or any other ownership model where marina spaces are sold to people. It can impact the whole marina or just a part of it.
“Change of use” means a use of the floating home marina for a purpose other than the rental, or the holding out for rent, of five or more floating home berths, and does not mean the adoption, amendment, or repeal of a floating home marina rule or regulation. A change of use may affect an entire floating home marina or any portion thereof. “Change of use” includes, but is not limited to, a change of the floating home marina or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the floating home marina are to be sold.
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Section § 800.8
A 'resident' is someone who legally lives in a floating home. This can be the homeowner or any other person who occupies it lawfully.
“Resident” means a homeowner or other person who lawfully occupies a floating home.
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Section § 800.9
This law defines a 'tenancy' as the homeowner's right to use a spot in a floating home marina, where they can place, maintain, and live in a floating home and its related structures. It also includes access to the marina's services and facilities.
“Tenancy” means the right of a homeowner to the use of a berth within a floating home marina on which to locate, maintain, and occupy a floating home, and accessory structures or vessels, including the use of the services and facilities of the floating home marina.
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