SECTIONS 800.40-800.50 - California Statutes

CIVIL CODE

SECTION 800.40-800.50

800.40. The management shall give a homeowner written notice of any
increase in his or her rent at least 30 days before the date of the
increase, and the reason for the increase, including the basis for
any calculation used in determining the amount of the increase.

800.41. A homeowner shall not be charged a fee for other than rent,
utilities, and incidental reasonable charges for services actually
rendered.
A homeowner shall not be charged a fee for obtaining a rental
agreement on a floating home berth for (1) a term of 12 months, or
(2) a lesser period as mutually agreed upon by both the homeowner and
the management. A fee may be charged for a rental agreement of more
than one year if the fee is mutually agreed upon by both the
homeowner and management.

800.42. A homeowner shall not be charged a fee for services
actually rendered which are not listed in the rental agreement unless
he or she has been given written notice thereof by the management,
at least 60 days before imposition of the charge.

800.43. A homeowner shall not be charged a fee for keeping a pet in
the floating home marina unless the management actually provides
special facilities or services for pets. If special pet facilities
are maintained by the management, the fee charged shall reasonably
relate to the cost of maintenance of the facilities or services and
the number of pets kept in the floating home marina.

800.44. (a) A homeowner shall not be charged a fee for a guest who
does not stay with him or her for more than a total of 20 consecutive
days or a total of 30 days in a calendar year. Such a guest shall
not be required to register with the management.
(b) A homeowner who is living alone and who wishes to share his or
her floating home with one person may do so, and a fee shall not be
imposed by management for that person. The person shall be considered
a guest of the homeowner and any agreement between the homeowner and
the person shall not change the terms and conditions of the rental
agreement between management and the homeowner. The guest shall
comply with the provisions of the rules and regulations of the
floating home marina.

800.45. A homeowner shall not be charged a fee based on the number
of members in his or her immediate family. As used in this section,
the "immediate family" includes the homeowner and his or her spouse,
their parents, and their children.

800.46. A homeowner shall not be charged a fee for the enforcement
of any of the rules and regulations of the floating home marina.

800.47. Unless the homeowner specifically requests the service in
writing from the management, a homeowner shall not be charged a fee
for the entry, installation, hookup, or landscaping as a condition of
tenancy except for an actual fee or cost imposed by a local
governmental ordinance or requirement directly related to the
occupancy of the specific berth where the floating home is located
and not incurred as a portion of the development of the floating home
marina as a whole. However, reasonable landscaping and maintenance
requirements may be included in the floating home marina rules and
regulations. The management shall not require a homeowner or
prospective homeowner to purchase, rent, or lease goods or services
for landscaping from any person, company, or corporation.

800.48. Where the management provides both master meter and
submeter service of utilities to a homeowner, for each billing period
the cost of the charges for the period shall be separately stated
along with the opening and closing readings for his or her meter. The
management shall post in a conspicuous place, the prevailing
residential utilities rate schedule as published by the serving
utility.

800.49. (a) The management may only demand a security deposit on or
before initial occupancy and the security deposit may not be in an
amount or value in excess of an amount equal to two months' rent that
is charged at the inception of the tenancy, in addition to any rent
for the first month. In no event shall additional security deposits
be demanded of a homeowner following initial occupancy.
(b) After the homeowner has promptly paid to the management within
five days of the date the amount is due, all of the rent, utilities,
and reasonable service charges for any 12-consecutive-month period
subsequent to the collection of the security deposit by the
management, or upon resale of the floating home, whichever occurs
earlier, the management shall, upon the receipt of a written request
from the homeowner, refund to the homeowner the amount of the
security deposit within 30 days following the end of the
12-consecutive-mon th period of prompt payment or the date of the
resale of the floating home.
(c) In the event that the interest in the floating home marina is
transferred to any other party or entity, the successor in interest
shall have the same obligations of management contained in this
section with respect to the security deposit.
(d) The management shall not be required to place any security
deposit collected in an interest-bearing account or to provide a
homeowner with any interest on the security deposit collected.
(e) This section applies to all security deposits collected on or
after January 1, 1991.

800.50. The management shall not acquire a lien or security
interest, other than an interest arising by reason of process issued
to enforce a judgment of any court, in a floating home located in the
floating home marina unless it is mutually agreed upon by both the
homeowner and management. Any billing and payment upon the obligation
shall be kept separate from current rent.