Added by Stats. 1990, Ch. 1505, Sec. 1.
“Floating home” has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.
Article 3 - Rules and Regulations
California Civil Code — §§ 800.30-800.37
Sections (16)
Added by Stats. 1990, Ch. 1505, Sec. 1.
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 facility.
Added by Stats. 1990, Ch. 1505, Sec. 1.
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 to him or her of not less than six months. Written notice to a new homeowner, whose tenancy commences within the required period of notice, of a proposed amendment shall constitute compliance with this section where the written notice is given to him or her before the inception of his or her tenancy.
Added by Stats. 1990, Ch. 1505, Sec. 1.
(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 marina, cooperative, or condominium for floating homes shall have no right of entry to a floating home without the prior written consent of the resident. This consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry into the berth in which a floating home is situated for correction of what management determines to be a hazardous condition at any time, or for maintenance of utilities, docks, and common areas at any
reasonable time, but not in a manner or at a time which would interfere with the resident’s quiet enjoyment.
(b)The ownership or management of a floating home marina, cooperative, or condominium may enter a floating home without the prior written consent of the resident in case of an emergency or when the resident has abandoned the floating home.
Added by Stats. 1990, Ch. 1505, Sec. 1.
(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 permit under which the floating home marina operates, (2) if the floating home marina is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice, and (3) the duration of any lease of the floating home marina, or any portion thereof, in which the management is a lessee.
(b)If a change occurs concerning the zoning or use permit
under which the floating home marina operates, a change occurs to the lease under which the management is a lessee and that change could affect the homeowner, including the termination of the lease, litigation occurs regarding termination of the lease, or expiration of a use permit occurs, all homeowners shall be given written notice at least 30 days prior to the effective date of the change. Notification regarding the change of use of the floating home marina, or any portion thereof, shall be governed by subdivision (f) of Section 800.71. A prospective homeowner shall be notified prior to the inception of the tenancy.
Added by Stats. 1990, Ch. 1505, Sec. 1.
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.
Added by Stats. 1991, Ch. 942, Sec. 2.
(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, except:
(1)In case of an emergency.
(2)Upon reasonable notice and during regular business hours, to make necessary or agreed repairs.
(3)When the homeowner has abandoned the premises.
(4)Pursuant to court order.
(b)The management of a floating home marina may enter a floating home, not owned by the marina, only upon prior written consent, except:
(1)In case of an emergency.
(2)When the homeowner has abandoned the premises.
(3)Pursuant to a court order.
Added by Stats. 1991, Ch. 942, Sec. 3.
(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 gives written notice of its belief of abandonment as provided in this section and the homeowner fails to give the marina written notice, prior to the date of termination specified in the marina’s notice, stating that he or she does not intend to abandon the floating home and stating an address at which the homeowner may be served by certified mail in any action for unlawful detainer of the marina.
(b)The
marina may give a notice of belief of abandonment to the homeowner pursuant to this section only where the rent on the marina has been due and unpaid for at least 45 consecutive days and the marina management reasonably believes that the homeowner has abandoned the floating home. The date of termination of the lease shall be specified in the marina’s notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail.
(c)The marina’s notice of belief of abandonment shall be personally delivered to the homeowner or sent by first-class mail, postage prepaid, to the homeowner at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by the homeowner, also to such other address, if any, known to the marina where the homeowner may reasonably be expected to receive the notice.
(d)The notice of belief of abandonment shall be in substantially the following form:
This notice is given pursuant to Section 800.36 of the Civil Code concerning the floating home marina
leased by you at ________ (state location of the property by address or other sufficient description). The rent on this marina has been due and unpaid for 45 consecutive days and the marina believes that you have abandoned the floating home.
The floating home will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ____ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before that date the undersigned receives at the address indicated below a written notice from you stating both of the following:
(1)Your intent not to abandon the floating home.
(2)An address at which you may be served by certified mail in any action for unlawful detainer of the floating home
marina.
You are required to pay the rent due and unpaid on this marina as required by the lease, and your failure to do so can lead to a court proceeding against you.Dated: ________________________________
(e)The floating home shall not be deemed to be abandoned pursuant to this section if the homeowner proves any of the following:
(1)At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 45 consecutive days.
(2)At the time the notice of belief of abandonment was given, it was not reasonable for the marina to believe that the homeowner had abandoned the floating home. The fact that the marina management knew that the homeowner left personal property on the floating home does not, of itself, justify a finding that the marina management did not reasonably believe that the homeowner had abandoned the floating home.
(3)Prior to the date specified in the marina’s notice, the homeowner gave written notice to the lessor stating his or her intent not to abandon the floating home and stating an address at which he or she may be served by certified mail in any action for unlawful detainer of the marina.
(4)During the period commencing 45 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the homeowner paid to the marina all or a portion of the rent due and unpaid.
(f)Nothing in this section precludes the marina or the homeowner from otherwise proving that the floating home has been abandoned by the homeowner within the meaning of Section 1951.2.
(g)Nothing in this section precludes the marina from serving a notice
requiring the homeowner to pay rent or quit as provided in Section 800.71 at any time permitted by that section, or affects the time and manner of giving any other notice required or permitted by law. The giving of the notice provided by this section does not satisfy the requirements of Sections 1161 and 1162 of the Code of Civil Procedure.
Added by Stats. 1991, Ch. 942, Sec. 4.
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.
Added by Stats. 1990, Ch. 1505, Sec. 1.
As used in this article:
(a)“Ownership or management” means the ownership or management of a cooperative or condominium for floating homes.
(b)“Resident” means a person who maintains a residence in a cooperative or condominium for floating homes.
Amended by Stats. 1991, Ch. 942, Sec. 9.
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, may advertise the rental of his or her floating home by displaying a sign in the window of his or her floating home stating that the floating home is for sale or exchange or, if not prohibited, for rent by the owner of the floating home or his or her agent. The sign shall state the name, address, and telephone number of the owner of the floating home or his or her agent, and shall be 24 inches in width and 18 inches in length.
Amended by Stats. 1991, Ch. 942, Sec. 10.
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. The authorization shall specify the terms and conditions regarding the showing or listing.
Added by Stats. 1990, Ch. 1505, Sec. 1.
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.
Added by Stats. 1990, Ch. 1505, Sec. 1.
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 floating homes and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the cooperative or condominium unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the cooperative or
condominium.
Added by Stats. 1990, Ch. 1505, Sec. 1.
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 public policy and void and unenforceable.
Added by Stats. 1990, Ch. 1505, Sec. 1.
This chapter applies only to the relationship between the management and the homeowners and residents of floating home marinas. Nothing in this chapter affects residential use of tide and submerged lands, including the public trust doctrine or any legislative grant of tide and submerged lands to a public entity, or the administration of these lands by the State Lands Commission or a legislative grantee. In addition, this chapter does not supplant, lessen, modify, or otherwise affect past or future regulation of floating homes or floating home marinas by the San Francisco Bay Conservation and Development Commission pursuant to the McAteer-Petris
Act.