Bill Text: CA SB1421 | 2011-2012 | Regular Session | Chaptered
Bill Title: Mobilehomes: resident-owned mobilehome parks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-23 - Chaptered by Secretary of State. Chapter 492, Statutes of 2012. [SB1421 Detail]
Download: California-2011-SB1421-Chaptered.html
BILL NUMBER: SB 1421 CHAPTERED
BILL TEXT
CHAPTER 492
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2012
APPROVED BY GOVERNOR SEPTEMBER 23, 2012
PASSED THE SENATE AUGUST 22, 2012
PASSED THE ASSEMBLY AUGUST 21, 2012
AMENDED IN ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE APRIL 25, 2012
INTRODUCED BY Senator Correa
FEBRUARY 24, 2012
An act to amend Section 799.1 of the Civil Code, relating to
mobilehomes, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1421, Correa. Mobilehomes: resident-owned mobilehome parks.
The Mobilehome Residency Law governs the terms and conditions of
tenancies in mobilehome parks and defines a mobilehome park for
purposes of these provisions. The law also sets forth separate
provisions that govern, and are only applicable to, the rights of a
resident who has an ownership interest in a subdivision, cooperative,
or condominium for mobilehomes or a resident-owned mobilehome park
in which the resident's mobilehome is located or installed. Existing
law provides, notwithstanding these provisions, that in a mobilehome
park owned and operated by a nonprofit mutual benefit corporation, as
specified, whose members consist of park residents where there is no
recorded condominium plan, tract, parcel map, or declaration, those
specified provisions of the Mobilehome Residency Law govern the
rights of members who are residents that have a rental agreement with
the corporation.
This bill would instead provide that specified portions of the
Mobilehome Residency Law govern the rights of members of certain
nonprofit mutual benefit corporations who are residents that rent
their space from the corporation. The bill would also exclude
nonprofit mutual benefit corporations whose members consist of park
residents where there is no recorded subdivision declaration or
condominium plan from the provisions described above.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 799.1 of the Civil Code is amended to read:
799.1. (a) Except as provided in subdivision (b), this article
shall govern the rights of a resident who has an ownership interest
in the subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park in which his or her mobilehome is
located or installed. In a subdivision, cooperative, or condominium
for mobilehomes, or a resident-owned mobilehome park, Article 1
(commencing with Section 798) to Article 8 (commencing with Section
798.84), inclusive, shall apply only to a resident who does not have
an ownership interest in the subdivision, cooperative, or condominium
for mobilehomes, or the resident-owned mobilehome park, in which his
or her mobilehome is located or installed.
(b) Notwithstanding subdivision (a), in a mobilehome park owned
and operated by a nonprofit mutual benefit corporation, established
pursuant to Section 11010.8 of the Business and Professions Code,
whose members consist of park residents where there is no recorded
subdivision declaration or condominium plan, Article 1 (commencing
with Section 798) to Article 8 (commencing with Section 798.84),
inclusive, shall govern the rights of members who are residents that
rent their space from the corporation.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect and clarify landlord-tenant rights within
resident-owned mobilehome parks, it is necessary that this act take
effect immediately.
