TITLE 2. ESTATES IN REAL PROPERTY [761. - 817.4.]

Title 2 enacted 1872.

§§ 761–817.4 · 273 sections

1. CHAPTER 1. Estates in General §§ 761–784 · 19 sections

   • § 761 Estates in real property, in respect to the duration of their enjoyment are either: l. Estates of inheritance or perpetual estates; 2. Estates for life; 3.…
   • § [762.] Section Seven Hundred and Sixty-two. Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an…
   • § 763 Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited…
   • § 764 Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation…
   • § 765 Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not…
   • § [766.] Section Seven Hundred and Sixty-six. An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
   • § 767 A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on…
   • § 768 A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession…
   • § 769 When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.
   • § 773 Subject to the rules of this title, and of Part 1 of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day;…
   • § 778 A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such…
   • § 779 When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the…
   • § 780 When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to…
   • § 781 A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
   • § 782 (a) Any provision in any deed of real property in California, whether executed before or after the effective date of this section, that purports to restrict…
   • § 782.5 (a) Any deed or other written instrument that relates to title to real property, or any written covenant, condition, or restriction annexed or made a part of,…
   • § 783 A condominium is an estate in real property described in Section 4125 or 6542. A condominium may, with respect to the duration of its enjoyment, be either (1)…
   • § 783.1 In a stock cooperative, as defined in Section 4190 or 6566, both the separate interest, as defined in paragraph (4) of subdivision (a) of Section 4185 or in…
   • § 784 “Restriction,” when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real property in a…
2. CHAPTER 2. Termination of Estates §§ 789–793 · 6 sections

   • § 789 A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by…
   • § 789.3 (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a…
   • § 790 After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law…
   • § 791 Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has…
   • § 792 Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175,…
   • § 793 An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has…
3. CHAPTER 2.5. Mobilehome Residency Law §§ 798–799.13 · 109 sections

   1. ARTICLE 1. General §§ 798–798.14 · 14 sections

      • § 798 This chapter shall be known and may be cited as the “Mobilehome Residency Law.”
      • § 798.1 Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
      • § 798.2 “Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a…
      • § 798.3 (a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle…
      • § 798.4 “Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
      • § 798.6 “Park” is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park.
      • § 798.7 (a) “New construction” means any newly constructed spaces initially held out for rent after January 1, 1990. A mobilehome park space shall be considered…
      • § 798.8 “Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental…
      • § 798.9 “Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement.
      • § 798.10 “Change of use” means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate…
      • § 798.11 “Resident” is a homeowner or other person who lawfully occupies a mobilehome.
      • § 798.12 “Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements,…
      • § 798.13 (a) This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome…
      • § 798.14 (a) For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or…
   2. ARTICLE 2. Rental Agreement §§ 798.15–798.22 · 8 sections

      • § 798.15 The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following: (a)…
      • § 798.16 (a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of…
      • § 798.18 (a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as…
      • § 798.19 No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8,…
      • § 798.19.5 A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to…
      • § 798.20 (a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on any basis listed in subdivision (a) or (d)…
      • § 798.21 (a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not…
      • § 798.22 (a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as…
   3. ARTICLE 3. Rules and Regulations §§ 798.23–798.29.6 · 11 sections

      • § 798.23 (a) Management shall be subject to, and comply with, all park rules and regulations to the same extent as residents and their guests. (b) Subdivision (a) of…
      • § 798.23.5 (a) (1) Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the…
      • § 798.24 Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the…
      • § 798.25 (a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules and regulations, the management shall meet and consult…
      • § 798.25.5 Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and…
      • § 798.26 (a) Except as provided in subdivision (b), the ownership or management of a park shall have no right of entry to a mobilehome or enclosed accessory structure…
      • § 798.27 (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use…
      • § 798.28 The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the…
      • § 798.28.5 (a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than…
      • § 798.29 The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5…
      • § 798.29.6 The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the…
   4. ARTICLE 3.5. Fees and Charges §§ 798.30–798.39.5 · 13 sections

      • § 798.30 The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase.
      • § 798.30.5 (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a qualified…
      • § 798.31 A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not…
      • § 798.32 (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written…
      • § 798.33 (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the…
      • § 798.34 (a) A homeowner shall not be charged a fee for a guest who does not stay with the homeowner for more than a total of 20 consecutive days or a total of 30 days…
      • § 798.35 A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” shall be…
      • § 798.36 (a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by…
      • § 798.37 A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by…
      • § 798.37.5 (a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree,…
      • § 798.38 The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in…
      • § 798.39 (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an…
      • § 798.39.5 (a) (1) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine,…
   5. ARTICLE 4. Utilities §§ 798.40–798.44.2 · 8 sections

      • § 798.40 (a) Where management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the…
      • § 798.41 (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect…
      • § 798.42 (a) The management shall provide all affected homeowners and residents at least 72 hours’ written advance notice of an interruption in utility service of more…
      • § 798.43 (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall…
      • § 798.43.1 (a) The management of a master-meter park shall give written notice to homeowners and residents on or before February 1 of each year in their utility billing…
      • § 798.44 (a) The management of a park that does not permit mobilehome owners or park residents to purchase liquefied petroleum gas for use in the mobilehome park from…
      • § 798.44.1 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
      • § 798.44.2 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
   6. ARTICLE 4.5. Rent Control §§ 798.45–798.49 · 2 sections

      • § 798.45 (a) Notwithstanding Section 798.17, “new construction,” as defined in subdivision (a) of Section 798.7, shall be exempt from any ordinance, rule, regulation,…
      • § 798.49 (a) Except as provided in subdivision (d), the local agency of any city, including a charter city, county, or city and county, which administers an ordinance,…
   7. ARTICLE 5. Homeowner Communications and Meetings §§ 798.50–798.52 · 3 sections

      • § 798.50 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…
      • § 798.51 (a) No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in the…
      • § 798.52 Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court of law to…
   8. ARTICLE 5.5. Homeowners Meetings with Management § 798.53 · 1 section

      • § 798.53 (a) (1) The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or…
   9. ARTICLE 6. Termination of Tenancy §§ 798.55–798.64 · 10 sections

      • § 798.55 (a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements…
      • § 798.56 (a) A tenancy shall be terminated by the management only for one or more of the following reasons: (1) Failure of the homeowner or resident to comply with a…
      • § 798.56a (a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in…
      • § 798.57 The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date,…
      • § 798.58 Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner’s site…
      • § 798.59 A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
      • § 798.60 The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the…
      • § 798.61 (a) (1) As used in this section, “abandoned mobilehome” means a mobilehome about which all of the following are true: (A) It is located in a mobilehome park on…
      • § 798.62 (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location,…
      • § 798.64 (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management…
   10. ARTICLE 7. Transfer of Mobilehome or Mobilehome Park §§ 798.70–798.83 · 18 sections

       • § 798.70 (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death…
       • § 798.71 (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The…
       • § 798.72 (a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the…
       • § 798.73 The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third party during the term of the…
       • § 798.73.5 (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome,…
       • § 798.74 (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. (b) (1) A selling homeowner…
       • § 798.74.4 (a) The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth…
       • § 798.74.5 (a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome…
       • § 798.75 (a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park,…
       • § 798.75.5 (a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least…
       • § 798.76 The management may require that a prospective purchaser comply with any rule or regulation limiting residency based on age requirements for housing for older…
       • § 798.77 No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be…
       • § 798.78 (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner…
       • § 798.79 (a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to…
       • § 798.80 (a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement with a licensed real estate…
       • § 798.81 The management (1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or personal…
       • § 798.82 The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or…
       • § 798.83 In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the…
   11. ARTICLE 8. Actions, Proceedings, and Penalties §§ 798.84–798.88 · 5 sections

       • § 798.84 (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…
       • § 798.85 In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be…
       • § 798.86 (a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to…
       • § 798.87 (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall…
       • § 798.88 (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable…
   12. ARTICLE 9. Subdivisions, Cooperatives, and Condominiums §§ 799–799.13 · 16 sections

       • § 799 As used in this article: (a) “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a…
       • § 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…
       • § 799.1.5 A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the…
       • § 799.2 The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The…
       • § 799.2.5 (a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent of the…
       • § 799.3 The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned…
       • § 799.4 The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or…
       • § 799.5 The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or…
       • § 799.6 No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed…
       • § 799.7 The ownership or management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours’ written advance…
       • § 799.8 The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or…
       • § 799.9 (a) A homeowner may share his or her mobilehome with any person 18 years of age or older if that person is providing live-in health care, live-in supportive…
       • § 799.10 A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative,…
       • § 799.11 The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space…
       • § 799.12 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
       • § 799.13 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
4. CHAPTER 2.6. Recreational Vehicle Park Occupancy Law §§ 799.20–799.79 · 34 sections

   1. ARTICLE 1. Definitions §§ 799.20–799.32 · 13 sections

      • § 799.20 This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law.
      • § 799.21 Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter.
      • § 799.22 “Defaulting occupant” means an occupant who fails to pay for his or her occupancy in a park or who fails to comply with reasonable written rules and…
      • § 799.23 “Defaulting resident” means a resident who fails to pay for his or her occupancy in a park, fails to comply with reasonable written rules and regulations of…
      • § 799.24 “Defaulting tenant” means a tenant who fails to pay for his or her occupancy in a park or fails to comply with reasonable written rules and regulations of the…
      • § 799.25 “Guest” means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. An occupant, tenant,…
      • § 799.26 “Management” means the owner of a recreational vehicle park or an agent or representative authorized to act on his or her behalf in connection with matters…
      • § 799.27 “Occupancy” and “occupy” refer to the use of a recreational vehicle park lot by an occupant, tenant, or resident.
      • § 799.28 “Occupant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less.
      • § 799.29 “Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code.
      • § 799.30 “Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code.
      • § 799.31 “Resident” means a tenant who has occupied a lot in a park for nine months or more.
      • § 799.32 “Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days.
   2. ARTICLE 2. General Provisions §§ 799.40–799.47 · 8 sections

      • § 799.40 The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting…
      • § 799.41 Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section…
      • § 799.42 No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the…
      • § 799.43 The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by…
      • § 799.44 At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.
      • § 799.45 The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days.
      • § 799.46 At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be…
      • § 799.47 (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration…
   3. ARTICLE 3. Defaulting Occupants §§ 799.55–799.59 · 5 sections

      • § 799.55 Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle…
      • § 799.56 (a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is…
      • § 799.57 The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours…
      • § 799.58 Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration…
      • § 799.59 When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the…
   4. ARTICLE 4. Defaulting Tenants §§ 799.65–799.67 · 3 sections

      • § 799.65 The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the…
      • § 799.66 The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon the giving of a…
      • § 799.67 Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code…
   5. ARTICLE 5. Defaulting Residents §§ 799.70–799.71 · 2 sections

      • § 799.70 The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident…
      • § 799.71 Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code…
   6. ARTICLE 6. Liens for Recreational Vehicles and Abandoned Possessions § 799.75 · 1 section

      • § 799.75 The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or…
   7. ARTICLE 7. Actions and Proceedings §§ 799.78–799.79 · 2 sections

      • § 799.78 In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be…
      • § 799.79 In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management…
5. CHAPTER 2.7. Floating Home Residency Law §§ 800–800.306 · 67 sections

   1. ARTICLE 1. General Provisions §§ 800–800.9 · 10 sections

      • § 800 This chapter shall be known and may be cited as the Floating Home Residency Law.
      • § 800.1 Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
      • § 800.2 “Management” means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with matters relating…
      • § 800.3 “Floating home” has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.
      • § 800.4 “Floating home marina” means an area where five or more floating home berths are rented, or held out for rent, to accommodate floating homes, but does not…
      • § 800.5 “Rental agreement” means an agreement between the management and the homeowner establishing the terms and conditions of a tenancy. A lease is a rental…
      • § 800.6 “Homeowner” means a person who owns or resides in a floating home which is in a floating home marina pursuant to a rental agreement with management.
      • § 800.7 “Change of use” means a use of the floating home marina for a purpose other than the rental, or the holding out for rent, of five or more floating home berths,…
      • § 800.8 “Resident” means a homeowner or other person who lawfully occupies a floating home.
      • § 800.9 “Tenancy” means the right of a homeowner to the use of a berth within a floating home marina on which to locate, maintain, and occupy a floating home, and…
   2. ARTICLE 2. Rental Agreement §§ 800.20–800.26 · 7 sections

      • § 800.20 Unless otherwise provided, the management shall make available to floating homeowners, upon request, copies of all notices required by this article and Article…
      • § 800.21 The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following: (a)…
      • § 800.22 The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this…
      • § 800.23 (a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, (2) a lesser period as mutually agreed upon by both the homeowner and the…
      • § 800.24 No rental agreement for a floating home berth shall contain a provision by which the homeowner waives his or her rights under any of the provisions of this…
      • § 800.25 (a) Membership in any private club or organization that is a condition for tenancy in a floating home marina shall not be denied on any basis listed in…
      • § 800.26 On or before March 12, 1991, the management shall notify all floating homeowners, in writing, that a copy of the Floating Home Residency Law is available to…
   3. ARTICLE 3. Rules and Regulations §§ 800.30–800.37 · 8 sections

      • § 800.30 Each common area facility shall be open or available to residents at all reasonable hours, and the hours of the common area facility shall be posted at the…
      • § 800.31 A rule or regulation of the floating home marina may be amended at any time with the consent of a homeowner, or without his or her consent upon written notice…
      • § 800.32 (a) Except as provided in subdivision (b), and notwithstanding any other provision of law to the contrary, the ownership or management of a floating home…
      • § 800.33 (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use…
      • § 800.34 The management of a floating home marina shall disclose, in writing, the name and address of the floating home marina owner upon the request of a homeowner.
      • § 800.35 (a) The management of a floating home marina may enter a floating home, which is owned by the marina, only upon the prior written consent of the renter,…
      • § 800.36 (a) A floating home not owned by a floating home marina shall be deemed abandoned by the homeowner, and the lease shall terminate, if the floating home marina…
      • § 800.37 A floating home which is owned by a floating home marina shall be deemed abandoned according to the procedures and requirements of Section 1951.3.
   4. ARTICLE 4. Fees and Charges §§ 800.40–800.50 · 13 sections

      • § 800.40 The management shall give a homeowner written notice of any increase in his or her rent at least 30 days before the date of the increase, and the reason for…
      • § 800.40.5 (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating…
      • § 800.40.6 (a) For the purposes of this section, the following definitions apply: (1) “Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the…
      • § 800.41 (a) A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. (b) A homeowner…
      • § 800.42 A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written…
      • § 800.43 A homeowner shall not be charged a fee for keeping a pet in the floating home marina unless the management actually provides special facilities or services for…
      • § 800.44 (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in…
      • § 800.45 A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” includes…
      • § 800.46 A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina.
      • § 800.47 Unless the homeowner specifically requests the service in writing from the management, a homeowner shall not be charged a fee for the entry, installation,…
      • § 800.48 Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the…
      • § 800.49 (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an…
      • § 800.50 The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in…
   5. ARTICLE 5. Homeowner Meetings §§ 800.60–800.61 · 2 sections

      • § 800.60 The management shall permit meetings by homeowners or residents of a floating home in the marina, or any or all of them, relating to floating home living or…
      • § 800.61 The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with…
   6. ARTICLE 6. Termination of Tenancy §§ 800.70–800.75 · 6 sections

      • § 800.70 (a) The Legislature finds and declares that, because of the high cost of moving floating homes, the potential for damage resulting therefrom, the requirements…
      • § 800.71 A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local…
      • § 800.72 The management shall set forth in a notice of termination the reason relied upon for the termination with specific facts to permit determination of the date,…
      • § 800.73 No tenancy shall be terminated for the purpose of making a homeowner’s berth available for a person who purchases a floating home from the owner of the…
      • § 800.74 A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
      • § 800.75 The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the…
   7. ARTICLE 7. Transfer of a Floating Home §§ 800.80–800.91 · 11 sections

      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
   8. ARTICLE 8. Transfer of a Floating Home Marina § 800.100 · 1 section

      • § 800.100 (a) When the owner of a floating home marina enters into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing…
   9. ARTICLE 9. Actions, Proceedings, and Penalties §§ 800.200–800.201 · 2 sections

      • § 800.200 In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be…
      • § 800.201 (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall…
   10. ARTICLE 10. Cooperatives and Condominiums §§ 800.300–800.306 · 7 sections

       • § 800.300 As used in this article: (a) “Ownership or management” means the ownership or management of a cooperative or condominium for floating homes. (b) “Resident”…
       • § 800.301 A resident 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 or ownership,…
       • § 800.302 The ownership or management shall not show or list for sale a floating home owned by a resident without first obtaining the resident’s written authorization.…
       • § 800.303 The ownership or management shall not require the removal of a floating home from a cooperative or condominium in the event of its sale to a third party.
       • § 800.304 The ownership or management may require the right to prior approval of the purchaser of a floating home that will remain in the cooperative or condominium for…
       • § 800.305 No agreement shall contain any provision by which the purchaser waives his or her rights under this article. Any waiver thereof shall be deemed contrary to…
       • § 800.306 This chapter applies only to the relationship between the management and the homeowners and residents of floating home marinas. Nothing in this chapter affects…
6. CHAPTER 3. Servitudes §§ 801–813 · 14 sections

   • § 801 The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right…
   • § 801.5 (a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred to as a solar easement. “Solar easement” means the right of…
   • § 801.7 (a) When a right-of-way is granted pursuant to Section 801 or 802 to a railroad corporation whose primary business is the transportation of passengers, the…
   • § [802.] Section Eight Hundred and Two. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land: One—The right to…
   • § 803 The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.
   • § 804 A servitude can be created only by one who has a vested estate in the servient tenement.
   • § 805 A servitude thereon cannot be held by the owner of the servient tenement.
   • § 806 The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.
   • § 807 In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to…
   • § 808 The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an…
   • § 809 The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto.
   • § 810 The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude…
   • § 811 A servitude is extinguished: 1. By the vesting of the right to the servitude and the right to the servient tenement in the same person; 2. By the destruction…
   • § 813 The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a description of said land…
7. CHAPTER 4. Conservation Easements §§ 815–816 · 10 sections

   • § 815 The Legislature finds and declares that the preservation of land in its natural, scenic, agricultural, historical, forested, or open-space condition is among…
   • § 815.1 For the purposes of this chapter, “conservation easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction,…
   • § 815.2 (a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section…
   • § 815.3 Only the following entities or organizations may acquire and hold conservation easements: (a) A tax-exempt nonprofit organization qualified under Section…
   • § 815.4 All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage…
   • § 815.5 Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the office of the county recorder of the county where…
   • § 815.7 (a) No conservation easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in…
   • § 815.9 Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right…
   • § 815.10 A conservation easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.
   • § 816 The provisions of this chapter shall be liberally construed in order to effectuate the policy and purpose of Section 815.
8. CHAPTER 4.5. Greenway Easements §§ 816.50–816.66 · 9 sections

   • § 816.50 The Legislature finds and declares the following with regard to the development of greenways along urban waterways: (a) The restoration and preservation of…
   • § 816.52 For purposes of this chapter, the following definitions apply: (a) (1) “Adjacent” means within 400 yards from the property boundary of an existing urban…
   • § 816.54 (a) A greenway easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in subdivision…
   • § 816.56 Only the following entities or organizations may acquire and hold a greenway easement: (a) A tax-exempt nonprofit organization qualified under Section…
   • § 816.58 All interests not transferred and conveyed by the instrument creating the greenway easement shall remain in the grantor of the greenway easement, including the…
   • § 816.60 Instruments creating, assigning, or otherwise transferring greenway easements shall be recorded in the office of the county recorder of the county where the…
   • § 816.62 (a) No greenway easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the…
   • § 816.64 Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right…
   • § 816.66 A greenway easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.
9. CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts §§ 817–817.4 · 5 sections

   • § 817 “Limited-equity housing cooperative” or a “workforce housing cooperative trust” means a corporation organized on a cooperative basis that, in addition to…
   • § 817.1 (a) A “workforce housing cooperative trust” is an entity organized pursuant to this section that complies with Section 817 and with all of the following: (1)…
   • § 817.2 The procedure for the dissolution of a limited-equity housing cooperative or workforce housing cooperative trust that receives or has received a public subsidy…
   • § 817.3 Each entity named as a sponsor organization of a workforce housing cooperative trust formed pursuant to Section 817 shall have the legal standing of a member…
   • § 817.4 (a) In any action instituted on or after January 1, 2010, against a board of directors and its members based upon a breach of corporate or fiduciary duties or…