Section § 800.80

Explanation

If you own a floating home in California, you can advertise it for sale or exchange by putting a sign in the window or on the side that faces the dock or water. If your agreement with management allows, you can also advertise it for rent. The sign must include your name, address, and phone number and be at least 24 inches wide and 18 inches high.

A homeowner or his or her agent may advertise the sale or exchange of his or her floating home, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her floating home, by displaying a sign in the window of the floating home, or by a sign posted on the side of the floating home facing the dock or water or both, stating that the floating home is for sale or exchange or, if not prohibited, for rent by the owner of the floating home or his or her agent. The sign shall state the name, address, and telephone number of the owner of the floating home or his or her agent and may be at least 24 inches in width and 18 inches in height.

Section § 800.82

Explanation

This law says that if someone wants to sell their floating home, the management of the floating home marina must first get written permission from the homeowner before they can show or list the home for sale. The permission must clearly outline the terms for listing or showing the home. Also, management cannot block the homeowner from selling their floating home on their own or through another agent, nor can they force the homeowner to use the marina management as their agent for selling as a condition for approving a new buyer to live in the marina.

(a)CA Civil Law Code § 800.82(a) The management shall not show or list for sale a floating home without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.
(b)CA Civil Law Code § 800.82(b) The management shall prohibit neither the listing nor the sale of a floating home within the floating home marina by the homeowner, or an agent of the homeowner to authorize the management to act as the agent in the sale of a floating home as a condition of management’s approval of buyer or prospective homeowner for residency in the floating home marina.

Section § 800.83

Explanation

This law section says that managers of floating home marinas can't charge a fee when a homeowner sells their floating home unless the management actually helps with the sale and the homeowner requests this in writing. Also, the management can't charge a fee for approving someone new to live in the marina after they buy a floating home, unless they perform a specific service in the sale. However, they can charge a fee for conducting a credit check, but not for interviewing the prospective new homeowner.

(a)CA Civil Law Code § 800.83(a) The management shall not charge a homeowner, or his or her agent a transfer or selling fee as a condition of a sale of his or her floating home within a floating home marina unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested in writing, by the homeowner or his or her agent.
(b)CA Civil Law Code § 800.83(b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a floating home, a fee as a condition of approval for residency in a floating home marina unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdivision (b) of Section 800.85, for an interview of a prospective homeowner.

Section § 800.84

Explanation

If you own a floating home at a marina and decide to sell it, the marina management can't make you move it out just because you've sold it to someone else. This rule applies as long as your rental agreement is still active.

The management shall not require the removal of a floating home from the floating home marina in the event of its sale to a third party during the term of the homeowner’s rental agreement.

Section § 800.85

Explanation

If you're selling a floating home in a marina, the management could ask to approve the buyer before the sale is finalized. Approval shouldn't be denied if the buyer can pay rent and fees unless there's a reasonable belief they won't follow the marina rules. The management can't ask for tax returns, but they might request proof of income. If a buyer is rejected, the seller should be told why in writing. If a fee is collected for checking a buyer's credit, it should go toward the first month's rent. If the buyer doesn't go through with the purchase, the management can keep some or all of the fee. If management denies the buyer, they must refund the fee within 30 days.

(a)CA Civil Law Code § 800.85(a) The management may require the right of prior approval of a purchaser of a floating home that will remain in the floating home marina and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the floating home marina unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the floating home marina. In determining whether the purchaser has the financial ability to pay the rent and charges of the floating home marina, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the floating home marina. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. If the ownership or management rejects a purchaser as a prospective homeowner, the ownership or management shall inform the selling homeowner in writing of its reasons for the rejection. If the approval of a purchaser is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom.
(b)CA Civil Law Code § 800.85(b) If the management collects a fee or charge from a prospective purchaser of a floating home in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that floating home purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the floating home, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section.

Section § 800.86

Explanation

This law is about buying or transferring a floating home in a marina. If you buy one and plan to keep it there, you must sign a rental agreement. If you don't sign, you won't have any legal rights to live there. If someone stays without having those rights and doesn't leave after being asked, they can face legal action. However, if the person owns the home, can pay rent, follows marina rules, and wasn't offered a rental agreement by the marina, they're not considered an illegal occupant.

(a)CA Civil Law Code § 800.86(a) An escrow, sale, or transfer agreement involving a floating home located in the floating home marina at the time of sale, where the floating home is to remain in the floating home marina, shall contain a provision signed by the purchaser stating that by his or her signature he or she has agreed to the terms of a rental agreement. A copy of a fully executed rental agreement signed by both the purchaser and floating home marina management will satisfy the requirements of this section.
(b)CA Civil Law Code § 800.86(b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy.
(c)CA Civil Law Code § 800.86(c) In the event that an occupant of a floating home has no rights of tenancy and is not otherwise entitled to occupy the floating home pursuant to this chapter, the occupant shall be considered an unlawful occupant if, after a demand is made for the surrender of the floating home marina berth, for a period of five days, the occupant has refused to surrender the berth to the floating home marina management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure.
(d)CA Civil Law Code § 800.86(d) The occupant of the floating home shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions exist:
(1)CA Civil Law Code § 800.86(d)(1) The occupant is the registered owner of the floating home.
(2)CA Civil Law Code § 800.86(d)(2) The management has determined that the occupant has the financial ability to pay the rent and charges of the floating home marina, will comply with the rules and regulations of the floating home marina, based on the occupant’s prior tenancies, and will comply with this article.
(3)CA Civil Law Code § 800.86(d)(3) The management failed or refused to offer the occupant a rental agreement.

Section § 800.87

Explanation

This law says that any part of a rental or sale agreement that tries to make a buyer or homeowner give up their rights, as described in this legal section, is not allowed. Essentially, such clauses are considered against the public's interests and will not be valid or enforceable.

No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this article. Any waiver thereof shall be deemed contrary to public policy and shall be void and unenforceable.

Section § 800.88

Explanation

If someone's ownership of a floating home in a marina is passed on to an heir or co-owner after they die, the new owner has the right to sell the home to someone else. However, they must first make sure any debts for rent, utilities, and maintenance that came up after they inherited the home are fully paid off before selling it.

An heir or joint tenant who gains ownership of a floating home in the floating home marina through the death of the owner of the floating home who is a homeowner shall have the right to sell the floating home to a third party in accordance with this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the floating home and its premises which have arisen after the transfer of ownership to the heir or joint tenant have been satisfied up until the date the floating home is resold.

Section § 800.89

Explanation

If someone forecloses on their financial interest in a floating home within a marina, they can sell it to someone else, but only if they pay off any money the homeowner owes on rent, utilities, and upkeep until the sale happens.

Any legal owner or junior lienholder who forecloses on his or her security interest in a floating home located in a floating home marina shall have the right to sell the floating home within the floating home marina to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of a floating home and it’s premises are satisfied by the foreclosing creditor through the date the floating home is resold.

Section § 800.90

Explanation

Homeowners in a floating home marina have the right to sell their homes privately without being forced to use the marina management as their sales agent. Additionally, the management cannot require homeowners to make them the sales agent in order to approve the buyer's residency.

The management (1) shall not prohibit the listing or sale of a used floating home within the floating home marina by the homeowner, or an agent of the homeowner other than the management, (2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a floating home as a condition of approval of the buyer or prospective homeowner for residency in the floating home marina.

Section § 800.91

Explanation

This law outlines the steps homeowners must follow before suing the management of a floating home marina for not keeping common areas in good condition or reducing services. Homeowners need to give a written notice to management at least 30 days before starting a lawsuit. The notice should detail the complaint and the desired solutions, and serving one notice covers all homeowners. The notice must follow specific procedures and can also be triggered if a government agency informs the management. If this notice is given close to a legal deadline, homeowners get an extra 30 days to file the lawsuit. This rule doesn't cover cases involving personal injury or wrongful death.

(a)CA Civil Law Code § 800.91(a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.
(b)CA Civil Law Code § 800.91(b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the floating home marina by all of the homeowners in the floating home marina.
(c)CA Civil Law Code § 800.91(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(d)CA Civil Law Code § 800.91(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(e)CA Civil Law Code § 800.91(e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.
(f)CA Civil Law Code § 800.91(f) This section does not apply to actions for personal injury or wrongful death.