INTRODUCTION
This is only a very limited summary of information of interest to residents of Imperial Spa / Glamis North KOA.
It is not complete- the applicable laws are well over 60-pages in length. Consult your lawyer for authoritative interpretation
of the Mobilehome Residency Law (MRL) and the Recreational Vehicle Occupancy Law (RVL), sections 798 and 799 of the California Civil Code.
Verbal orders, whether given politely or given to bully and intimidate, are a weak basis for legal orders in California. Written orders, signed and dated, will reflect favorably on park management and on park residents by offering evidence of the action being taken. Written orders which follow the procedures in the California Civil and other Codes offer the best choice for winning in any legal contest.
ENFORCEMENT
The California Civil Code is only enforced by YOU THE HOMEOWNER. The state, the county, or the sheriff will not enforce it.
You the homeowner must bring suit in court to plea for enforcement of the Civil Code. Similarly, park management must bring suit in court
to plea for enforcement of the Civil Code.
MOBILE HOME PARKS AND RV PARKS
The MRL and the RVL apply wherever two or more spaces are held out for rent in California, whether in an “RV Park” or in a “Mobilehome Park”. [MRL 798.4]
A mobilehome of over 400 square feet IS COVERED by the MRL no matter what kind of park it is in. [MRL 798.3.a]
A Recreational Vehicle (travel trailer, fifth wheel, park model, motorhome, etc.) is only covered by the MRL after it has remained continuously in the park for nine consecutive months. From the first day in the park until the nine months are completed an RV is covered by the RVL. [MRL 798.3.b.2]
MEETINGS
“It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome parks
have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living
or for social or educational purposes.” [MRL 798.50 and more]
RENTAL CONTRACTS
Management MUST OFFER a rental contract to a resident covered by the MRL. [MRL 798.18.a]
PARK RULES
Management MUST PROVIDE a copy of the park rules and a copy of the MRL to each resident along with the rental contract. [MRL 798.15]
Park rules for residents subject to the MRL must be issued or amended using the procedure given in the MRL. [MRL 798.25]
THE FOLLOWING ARE ONLY THE INITIAL PROCEDURES REQUIRED FOR THE ACTIONS TO BE LEGAL IN CALIFORNIA.
RENT INCREASE
Management must provide written 90-day advance notice of any rent increase. [MRL 798.30]
EVICTION
An RV subject to the RVL may be evicted from the park only after management issues a 72-hour written notice. [RVL 799.55 and more]
An RV or mobilehome subject to the MRL may be evicted only after management issues a 60-day written notice, and then initiates an unlawful detainer procedure through the court. The unlawful detainer action MUST include the legal reason for the eviction. [MRL 798.55 and more]
LEGAL REASONS FOR MOBILEHOME EVICTION
There are seven (7) legal reasons for evicting a mobilehome or its resident from the park. The following is an abridged list.
See the MRL for all the details. [MRL 798.55 and 798.56 and more]
1. Failure to comply with a government ordinance or regulation.
2. Conduct by the homeowner or resident that constitutes a substantial annoyance to other residents.
3. Conviction of the resident for prostitution, or a felony constrolled substance offense.
4. Failure of the resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement.
5. Non payment of rent, utilities, or other reasonable incidental service charges.
6. Condemnation of the park.
7. Change of use of the park or any portion thereof.
EDITORIAL
"They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be
stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when
[an adversary's] guard shall be stationed in every house? Shall we gather strength by irresolution and
inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and
hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir,
we are not weak if we make a proper use of those means which the God of nature hath placed in our
power." -Patrick Henry, "Give Me Liberty Or Give Me Death", 17 March 1775.
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