SECTIONS 800.80-800.91 - California Statutes

CIVIL CODE

SECTION 800.80-800.91

800.80. 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.

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) 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.

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) 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.

800.84. 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.

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) 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.

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) In the event the purchaser fails to execute the rental
agreement, the purchaser shall not have any rights of tenancy.
(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) 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) The occupant is the registered owner of the floating home.
(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) The management failed or refused to offer the occupant a
rental agreement.

800.87. 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.

800.88. 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.

800.89. 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.

800.90. 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.

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) 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) 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) 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) 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) This section does not apply to actions for personal injury or
wrongful death.