Each common area facility shall be open or available to residents at all reasonable hours, and the hours of the common area facility shall be posted at the facility.
Article 3Rules and Regulations
Section § 800.30
Common areas must be accessible to residents during reasonable hours, and these hours need to be clearly displayed at each facility.
common area facility hours resident access operating hours facility signage open to residents availability posted hours facility rules resident amenities reasonable access signposting user access
Section § 800.31
In a floating home marina, rules can be changed at any time if the homeowner agrees. If they don't agree, the homeowners must receive at least six months' written notice about the change. For new homeowners, notifying them of the changes in writing before they move in meets the requirement.
A rule or regulation of the floating home marina may be amended at any time with the consent of a homeowner, or without his or her consent upon written notice to him or her of not less than six months. Written notice to a new homeowner, whose tenancy commences within the required period of notice, of a proposed amendment shall constitute compliance with this section where the written notice is given to him or her before the inception of his or her tenancy.
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Section § 800.32
A floating home marina's management cannot enter your floating home without your written permission, and you can take back that permission at any time. They can, however, go into the area where your home is located to fix dangerous problems or maintain utilities and common spaces, as long as they do it reasonably and don't disturb you. In emergencies or if you've abandoned the home, they can enter without permission.
(a)CA Civil Law Code § 800.32(a) Except as provided in subdivision (b), and notwithstanding any other provision of law to the contrary, the ownership or management of a floating home marina, cooperative, or condominium for floating homes shall have no right of entry to a floating home without the prior written consent of the resident. This consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry into the berth in which a floating home is situated for correction of what management determines to be a hazardous condition at any time, or for maintenance of utilities, docks, and common areas at any
reasonable time, but not in a manner or at a time which would interfere with the resident’s quiet enjoyment.
(b)CA Civil Law Code § 800.32(b) The ownership or management of a floating home marina, cooperative, or condominium may enter a floating home without the prior written consent of the resident in case of an emergency or when the resident has abandoned the floating home.
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Section § 800.33
The management of a floating home marina must inform both current and potential homeowners about several key things: the type of zoning or permits the marina has, whether those permits have expiration or renewal dates, and how long any leases they have last. If anything changes with these permits or leases that could affect homeowners, like lease termination or a zoning change, the management must notify everyone at least 30 days before the change happens. Prospective homeowners should get this notice before they start renting.
(a)CA Civil Law Code § 800.33(a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the floating home marina operates, (2) if the floating home marina is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice, and (3) the duration of any lease of the floating home marina, or any portion thereof, in which the management is a lessee.
(b)CA Civil Law Code § 800.33(b) If a change occurs concerning the zoning or use permit
under which the floating home marina operates, a change occurs to the lease under which the management is a lessee and that change could affect the homeowner, including the termination of the lease, litigation occurs regarding termination of the lease, or expiration of a use permit occurs, all homeowners shall be given written notice at least 30 days prior to the effective date of the change. Notification regarding the change of use of the floating home marina, or any portion thereof, shall be governed by subdivision (f) of Section 800.71. A prospective homeowner shall be notified prior to the inception of the tenancy.
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Section § 800.34
If you live in a floating home marina and ask, the people managing it must tell you who owns the marina and their address in writing.
The management of a floating home marina shall disclose, in writing, the name and address of the floating home marina owner upon the request of a homeowner.
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Section § 800.35
The management of a floating home marina can enter a floating home they own only with written permission from the renter, except in emergencies, with reasonable notice for repairs, if the home is abandoned, or by court order. For homes the marina does not own, they need prior written consent, but exceptions include emergencies, abandonment, or a court order.
(a)CA Civil Law Code § 800.35(a) The management of a floating home marina may enter a floating home, which is owned by the marina, only upon the prior written consent of the renter, except:
(1)CA Civil Law Code § 800.35(a)(1) In case of an emergency.
(2)CA Civil Law Code § 800.35(a)(2) Upon reasonable notice and during regular business hours, to make necessary or agreed repairs.
(3)CA Civil Law Code § 800.35(a)(3) When the homeowner has abandoned the premises.
(4)CA Civil Law Code § 800.35(a)(4) Pursuant to court order.
(b)CA Civil Law Code § 800.35(b) The management of a floating home marina may enter a floating home, not owned by the marina, only upon prior written consent, except:
(1)CA Civil Law Code § 800.35(b)(1) In case of an emergency.
(2)CA Civil Law Code § 800.35(b)(2) When the homeowner has abandoned the premises.
(3)CA Civil Law Code § 800.35(b)(3) Pursuant to a court order.
floating home marina marina management entry emergency entry home abandonment court order access renter consent written permission repair notice floating home access marina-owned homes non-marina-owned homes
Section § 800.36
This law outlines what happens when a homeowner appears to have abandoned a floating home in a marina. If the rent hasn't been paid for 45 days, and the marina thinks the home is abandoned, the marina can give a written notice of belief in abandonment. If the homeowner doesn't respond by a set date saying they intend to keep the home and provide an address for legal notices, the floating home is considered abandoned, and the lease ends. However, if the homeowner proves that the rent wasn't overdue for 45 days or they told the marina they were keeping the home, they can challenge this abandonment. The marina can always demand the homeowner pays rent or leaves, separately from this abandonment process.
(a)CA Civil Law Code § 800.36(a) A floating home not owned by a floating home marina shall be deemed abandoned by the homeowner, and the lease shall terminate, if the floating home marina gives written notice of its belief of abandonment as provided in this section and the homeowner fails to give the marina written notice, prior to the date of termination specified in the marina’s notice, stating that he or she does not intend to abandon the floating home and stating an address at which the homeowner may be served by certified mail in any action for unlawful detainer of the marina.
(b)CA Civil Law Code § 800.36(b) The
marina may give a notice of belief of abandonment to the homeowner pursuant to this section only where the rent on the marina has been due and unpaid for at least 45 consecutive days and the marina management reasonably believes that the homeowner has abandoned the floating home. The date of termination of the lease shall be specified in the marina’s notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail.
(c)CA Civil Law Code § 800.36(c) The marina’s notice of belief of abandonment shall be personally delivered to the homeowner or sent by first-class mail, postage prepaid, to the homeowner at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by the homeowner, also to such other address, if any, known to the marina where the homeowner may reasonably be expected to receive the notice.
(d)CA Civil Law Code § 800.36(d) The notice of belief of abandonment shall be in substantially the following form:
Notice of Belief of Abandonment
To:
_____
(Name of homeowner)
_____
_____
(Address of homeowner)
_____
This notice is given pursuant to Section 800.36 of the Civil Code concerning the floating home marina
leased by you at ________ (state location of the property by address or other sufficient description). The rent on this marina has been due and unpaid for 45 consecutive days and the marina believes that you have abandoned the floating home.
The floating home will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ____ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before that date the undersigned receives at the address indicated below a written notice from you stating both of the following:
(1)CA Civil Law Code § 800.36(1) Your intent not to abandon the floating home.
(2)CA Civil Law Code § 800.36(2) An address at which you may be served by certified mail in any action for unlawful detainer of the floating home
marina.
You are required to pay the rent due and unpaid on this marina as required by the lease, and your failure to do so can lead to a court proceeding against you.
Dated: ________________________________
Dated: ________________________________
_____
(Signature of marina manager / owner)
_____
_____
(Type or print name of marina manager / owner)
_____
_____
(Address to which the homeowner is to send notice)
_____
(e)CA Civil Law Code § 800.36(e) The floating home shall not be deemed to be abandoned pursuant to this section if the homeowner proves any of the following:
(1)CA Civil Law Code § 800.36(e)(1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 45 consecutive days.
(2)CA Civil Law Code § 800.36(e)(2) At the time the notice of belief of abandonment was given, it was not reasonable for the marina to believe that the homeowner had abandoned the floating home. The fact that the marina management knew that the homeowner left personal property on the floating home does not, of itself, justify a finding that the marina management did not reasonably believe that the homeowner had abandoned the floating home.
(3)CA Civil Law Code § 800.36(e)(3) Prior to the date specified in the marina’s notice, the homeowner gave written notice to the lessor stating his or her intent not to abandon the floating home and stating an address at which he or she may be served by certified mail in any action for unlawful detainer of the marina.
(4)CA Civil Law Code § 800.36(e)(4) During the period commencing 45 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the homeowner paid to the marina all or a portion of the rent due and unpaid.
(f)CA Civil Law Code § 800.36(f) Nothing in this section precludes the marina or the homeowner from otherwise proving that the floating home has been abandoned by the homeowner within the meaning of Section 1951.2.
(g)CA Civil Law Code § 800.36(g) Nothing in this section precludes the marina from serving a notice
requiring the homeowner to pay rent or quit as provided in Section 800.71 at any time permitted by that section, or affects the time and manner of giving any other notice required or permitted by law. The giving of the notice provided by this section does not satisfy the requirements of Sections 1161 and 1162 of the Code of Civil Procedure.
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Section § 800.37
If a floating home is owned by a marina, it can be considered abandoned if it follows the specific steps and rules outlined in another law, Section 1951.3.
A floating home which is owned by a floating home marina shall be deemed abandoned according to the procedures and requirements of Section 1951.3.
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