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121923 ADM Senior Mobile Park Moratorium Rancho La Paz Mobile Home Park Notice Image 2

City Council - Successor Agency - Housing Authority
December 19, 2023

Document
121923 ADM Senior Mobile Park Moratorium Rancho La Paz Mobile Home Park Notice Image 2
Meeting
December 19, 2023
Body
City Council - Successor Agency - Housing Authority
Original file
2.2 MB
Text extracted from the city's file for reading and search. Open the original on fullerton.legistar1.com. That file is the official record.

Enclosed, you will find a copy of the proposed rules.

For your reference, the applicable section of the Mobilehome Residency Law has been inserted below. It provides the necessary information regarding the nature of the meeting and its purpose.
798.25 AMENDMENTS TO RULES AND REGULATIONS - NOTICE
(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 with the homeowners in the park, their representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting. The notice shall set forth the proposed amendment to the park's rules and regulations and shall state the date, time, and location of the meeting.
(b) Except as provided in subdivision (d), following the meeting and consultation with the homeowners, the noticed amendment to the park's rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowner's consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of not less than 60 days.
(c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the park's rules and regulations under subdivision (b) or (d) shall constitute compliance with this section where the written notice is given before the inception of the tenancy.
(d) When the management proposes an amendment to the park's rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park's rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner's consent upon written notice of not less than 60 days. For purposes of this subdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the park's rules and regulations.
(e) Any amendment to the park's rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable. (Amended by Stats. 2005, Chap. 22 (SB 1108, Committee on Judiclary), eff. 1/1/2006) The following intent language appears in Section 2 of SB 351 (Chap. 323, Stat. 1995) but not in this code:
"The Legislature finds and declares that this act is intended to prohibit park owners from amending park rules and regulations to impose new fees on park residents. The act is not intended to limit the provisions of Article 4 (commencing with Section 798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code) with respect to the imposition of fees." Sincerely,

STAR MOBILEHOME PARK MANAGEMENT
Mike Cirillo
Authorized Agent for Rancho La Paz Mobile Home Park
Enclosed, you will find a copy of the proposed rules.

For your reference, the applicable section of the Mobilehome Residency Law has been inserted below. It provides the necessary information regarding the nature of the meeting and its purpose.
798.25 AMENDMENTS TO RULES AND REGULATIONS - NOTICE
(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 with the homeowners in the park, their representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting. The notice shall set forth the proposed amendment to the park's rules and regulations and shall state the date, time, and location of the meeting.
(b) Except as provided in subdivision (d), following the meeting and consultation with the homeowners, the noticed amendment to the park's rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowner's consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of not less than 60 days.
(c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the park's rules and regulations under subdivision (b) or (d) shall constitute compliance with this section where the written notice is given before the inception of the tenancy.
(d) When the management proposes an amendment to the park's rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park's rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner's consent upon written notice of not less than 60 days. For purposes of this subdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the park's rules and regulations.
(e) Any amendment to the park's rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable. (Amended by Stats. 2005, Chap. 22(58 1108, Committee on Judiciary), eff. eff.1/1/2006) The following intent language appears in Section 2 of SB 351 (Chap. 323, Stat. 1999) but not la this code:
"The Legislature finds and declares that this act is intended to prohibit park owners from amending park rules and regulations to impose new fees on park residents. The act is not intended to limit the provisions of Article 4 (commencing with Section 798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code) with respect to the imposition of fees." Sincerely,

STAR MOBILEHOME PARK MANAGEMENT
Michaul Abits
Mike Cirillo
Authorized Agent for Rancho La Paz Mobile Home Park

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