• Property Management Company
May 30, 2024 TQuinn

Frequently Asked Property Management Questions

As property management and manufactured home industry experts, we are proud to be a valuable source of information for our clients and other property owners. We thought we’d share a few frequently asked questions that might help inform our readers.

Q: Does the park manager have the right to enter the resident’s lot without notice?

According to the MRL (Mobile Home Residency Law), park managers have the right to enter the lot at reasonable times and in reasonable circumstances. That is, in a manner that does not interfere with the resident’s “quiet enjoyment” to maintain utilities, trees and driveways, protection of the park, and for maintenance of the premises where the resident has failed to maintain them in keeping with the park rules. (Civil Code §798.26). The MRL does not require the manager to notify the resident for this purpose. However, the manager does not have the right to enter the home or enclosed accessory structure without prior written consent of the homeowner, except in an emergency or where the resident has abandoned the home (Civil Code §798.26(b)).

Q: Is the new park management allowed to change rules on long-time residents or are these residents “grandfathered in” under the old rules?

A: Existing residents are not exempt from park rule changes. According to the MRL (Civil Code §798.25), the park can change its rules and regulations as it applies to existing residents, after giving residents six months’ notice of the change, or a 60-day notice if it involves changes in rules relating to the park’s recreational facilities, such as the swimming pool or recreational facilities within the clubhouse. The management must also meet and confer with park residents, at the residents’ request, upon a six-month notice regarding a change in park rules but is not bound to accept residents’ suggestions or requests regarding the rules (Civil Code §798.25(b)).

Q: Is the park manager allowed to force residents to correct code violations to their homes and spaces before a scheduled inspection by the state Dept. of Housing?

A: The state Department of Housing (HCD) operates a park inspection program designed to complete inspections in at least 5% of the mobile home parks in the state per year. This is to ensure that a reasonable level of health and safety is maintained in the parks. The inspection includes common facilities such as lighting, roads, the clubhouse, utilities, and other buildings and amenities that the park is responsible for, as well as individual home site spaces. This includes the outside of homes and accessory structures for which the homeowner is responsible. HCD inspectors do not go inside a home unless requested to do so by the homeowner. Citations for violations, depending upon how serious they are, must either be corrected as soon as possible or within 30 to 60 days. Inspectors have the authority to extend the deadline for compliance if the situation warrants it. Homeowners can appeal a citation to HCD if they feel it is unwarranted. (HCD does not have the authority to assess fines against homeowners who do not comply.)

Q. Do mobile home community rules prevail over state law?

A: No. The park rental agreement and the community rules and regulations must be consistent with the MRL and other laws in mobile home parks. For example, a park rental agreement or rule that provides the park may increase the rent with a 30-day notice to a homeowner who owns the mobile home in the park would be in conflict with Civil Code Sec. 798.30, which provides that such a rent increase requires a 90-day notice. In this example, the MRL prevails over the conflicting park rule.

Let us know if you have questions you might want addressed in a future blog post. Also, while we don’t cover it here, you might want to read our previous blog post about tree removal and maintenance, another popular topic amongst mobile home park owners.

 

Contact

Let's Work Together.

J & H Asset Property Management
22880 Savi Ranch Pkwy
Yorba Linda, CA 92887
(714) 974-0397
jandh@jandhmgt.com

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