CHAPTER 2.7. Floating Home Residency Law [800. - 800.306.]
Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1.
§§ 800–800.306 · 67 sections
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…
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…
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.
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…
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…
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…
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…
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…
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…
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…