FAILURE TO MAINTAIN THE PARK
Q. The park never fixes anything. Rents go up annually but potholes in the streets get larger, sewers often back-up, water pressure is almost non-existent, electric circuit breakers blow and take days to fix before power is restored, and the bathroom plumbing in the clubhouse has been broken for six months. How do we get the park owner to fix things for which we are paying rent?
A. File a complaint with the Department of Housing and Community Development (HCD) or local government, whichever has jurisdiction to inspect mobilehome parks in your community. You may have to fill out an HCD Ombudsman Complaint Form detailing your problems. If you don’t get a response from HCD within a reasonable time, call your legislator and have him or her make contact with HCD on your behalf. HCD inspectors are spread thin, so you will have to keep in contact with the inspector to make sure they are going to follow through, once they cite the violations, to be sure the park actually makes the necessary corrections. In more serious and continuing cases, residents may have to consider contacting an attorney who specializes in failure-to-maintain lawsuits against mobilehome parks (check with your mobilehome advocacy groups for referrals) on a contingency fee basis.
MOBILEHOME PARK INSPECTION PROGRAM
Q Residents in the park have been notified by the manager that all the homes in the park will be inspected by the state Department of Housing (HCD) in 60 days and that our homes had better not have any code violations or we could be fined or subjected to a misdemeanor by HCD if we don’t repair them on time. Is the manager trying to intimidate us?
A. HCD operates a park inspection program with a goal of completing inspections in at least 5% of the parks in the state per year in order to assure that a reasonable level of health and safety is maintained in those parks. However, HCD does not have authority to assess fines against homeowners who do not comply. The inspection includes the park common facilities, such as lighting, roads, the clubhouse, utilities, and other facilities for which the park is responsible, as well as the individual home site spaces, including the outside of the 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, must either be corrected as soon as possible or within 30 to 60 days, but inspectors have the authority to extend the deadline for compliance if the situation warrants it, and homeowners may appeal a citation to HCD if they feel it is unwarranted. HCD provides a video and booklets to park managers for homeowners on what to expect in an inspection, which the park manager should distribute to homeowners. If you cannot obtain either from the manager, you can go to HCD’s website a: www.hcd.ca.gov and click on “Codes and Standards” and then click on “Mobilehome and Special Occupancy Parks Program” to find and download the “2004 Mobilehome Park Maintenance Inspection Information Booklet - Resident” and the Mobilehome Park Maintenance Inspection Information Video.” The booklet may also be obtained from the Mobilehome Ombudsman by calling 1-800-952-5295.
REDUCTION OF PARK SERVICES
Q. The park management has closed the park swimming pool and shuffle board court and notified residents that security will no longer patrol the park after the end of the month. Can management arbitrarily terminate these park services, which we have been paying for in our rent all these years?
A. Yes, but you may need to check with an attorney to see if you have a legal cause of action for damages based on a breach of your lease or rental agreement, if these services are referenced in your lease, rental agreement, or park rules and regulations, or if you can show these services were bargained or contracted for when you moved into the park.
LOT LINES
Q. Recently a new and larger manufactured home was installed next door to replace a smaller mobilehome, but in order to make the new home fit on the lot the management moved the lot line two feet toward my home, reducing the size of my lot and destroying my fence and roses. Can the park move my lot line without my permission?
A. Generally, no. Before moving a lot line, the management must obtain a permit from the enforcement agency, usually the Department of Housing (HCD) or a local agency, and verify that the park has obtained the consent of homeowners affected by the lot line change. However, in some older parks there are no markers or defined lot lines and no plot maps indicating where the lot lines should be. In those cases, without evidence HCD may not be able to determine that the lot line has been moved and that a permit is required, and the issue then becomes a legal matter between the park management and the affected homeowner or homeowners.
TREES AND DRIVEWAYS
Q. When I moved into the park three years ago, there was a 40-foot eucalyptus tree on my space, which is now “uprooting” our driveway. Neighbors have complained about branches falling on their roofs, and the park manager notified me three weeks ago that I would have to remove the tree and repair the driveway at my expense. Two weeks ago the park hired a tree service to remove the tree, and sent me a bill for $742 for tree removal and no separate notice. Do I have to pay it?
A. It depends on the facts of the case. The “tree and driveway” issue has been subject to major debate for years. A 1992 Department of Housing and Community Development (HCD) legal opinion characterized trees in mobilehome parks as fixtures belonging to the park owner, who is responsible for their maintenance. However, HCD legal counsel also opined that this responsibility could be delegated to the homeowner through the rental agreement. If your rental agreement requires the homeowner to be responsible for maintenance of the trees, then the issue is similar to # 2 above (pass-through fees), but a 60-day notice probably does not have to be given, since it’s already in the rental agreement. If your rental agreement does not make the homeowner responsible for maintenance of the trees, then you should look at the provisions of MRL Sec. 798.37.5. This law basically says that with regard to driveways, the park owner is responsible for maintenance unless the homeowner has damaged the driveway or the driveway was installed by the homeowner. With regard to trees, Sec. 798.37.5 provides that the park owner is responsible for maintenance or removal of a tree on your space only if it is a hazard or constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). Homeowners may have to pay a fee for an inspection, where there is a dispute between the park and the homeowner over the tree and the homeowner requests an inspection by HCD or the local enforcement agency. Inspectors have wide discretion in this regard, and if the inspector does not find a violation, the homeowner may end up having to pay to remove the tree anyway. The issue could also be litigated by paying the charges under protest to avoid a termination of tenancy and then filing a claim against the park for the amount in Small Claims Court, where a judge would decide.
RESPONSIBILITY FOR PRE-EXISTING CODE VIOLATIONS
Q. I purchased my mobilehome three months ago, but recently the park was inspected by the Department or Housing (HCD), and I was cited for an illegal shed that is too large. Since the violation has existed for years and I just recently moved in, isn’t the park owner responsible for paying for removing the shed or modifying its size to correct the violation?
A. No. Although the park operator is ultimately responsible for assuring that all citations on park property are corrected, the law does not require the park operator to pay for code violations involving the home or space except in rare instances. The homeowner is primarily responsible for correcting any violations concerning the home or space on which he/she resides, including any pre-existing code violations after the sale of the home. This is one of the reasons that real estate disclosure was enacted for mobilehome resales in 2000, although conditions not known to the seller cannot be disclosed. However, if the selling homeowner knew or should have known of the violation, the buyer may have a cause of action in small claims against the seller for the cost of correcting the violation.
PERMIT FOR REMODELING THE MOBILEHOME
Q. I bought a 1982 doublewide mobilehome in good condition but would like to remodel it, including an update of the plumbing fixtures and some electrical wiring and removal of a room partition. I have been told different stories, one I need a permit, another that I do not need a building permit because all the changes are inside the home. Which is true?
A. You need a permit from the state Department of Housing and Community Development (HCD). Only HCD, not local government, may issue permits for alterations of a mobile home’s structural, fire safety, electrical, plumbing or mechanical components. The two offices that handle such permits are:
Northern California Area
Field Operations
9342 Tech Center Drive, Suite 550
Sacramento, CA 95826
(916) 255-2501
Southern California Area Field Operations
3737 Main Street
Riverside, CA 92501
(951) 782-4420
HOME REHABILITATION ASSISTANCE
Q. My space was recently inspected by the Department of Housing and Community Development (HCD), and I was cited for several violations, including faulty stairs to the front landing of my home and rotting deck boards, which will need to be replaced or rebuilt. I was told I have about 60 days to fix these problems, but I am a low-income widow and do not have money to make the repairs. Is there any financial assistance available to repair my home or stairs?
A. Many local governments have rehabilitation or repair grants for low income homeowners, including residents or owners of mobilehomes in some cases. This money is made available through the CalHome program, operated by HCD, to local governments and non-profit organizations, as a part of two housing bond issues approved by state voters in recent years. However, application must be made through local government, and not all local jurisdictions have such programs. There are usually income and residency eligibility requirements. Additionally, some jurisdictions do not consider mobilehomes “real property” eligible for rehab funding or may have restrictions on the kinds of repairs that will be funded. To determine whether your city has such a program and whether you may be eligible, contact your city or county housing or community development department or your local elected city councilmember or county supervisor’s office for information and referral to the correct local agency.
|
