Can park managers charge a new homeowner a fee for approving a short term lease? Yes/No/Maybe
The correct answer is no. The MRL prevents park owners from charging fees in exchange for offering a short term lease of less than twelve months. Home owners may voluntarily agree to pay a fee in exchange for signing a lease with a term of twelve months or more.
Can park operators charge an extra fee in addition to space rent for utilities and special services provided to home owners? Yes/No/Maybe
The correct answer is yes. Most parks receive utility services from outside the park at a master meter. Park owners distribute utility services within the park to individual home owners. The cost of these utilities may be included in space rents or the MRL allows park operators to charge utility fees in addition to space rents.
Park operators may also charge fees for special services. Utilities, services and fees must be listed in the rental agreement and separately on homeowner bills. Park owners may charge fees for a limited time if authorized in the rental agreement such as capital improvement pass-throughs. If so, the fee expiration date should be listed on the initial notice and each bill.
Does the MRL allow park operators to demand a security deposit from homeowners? Yes/No/Maybe
The correct answer is maybe. Managers may demand security deposits only when a home owner first moves into a park, according to the MRL. The amount cannot exceed two month’s space rent plus rent for the first month. The lease agreement should explain when the security deposit will be returned to the home owner. Managers are not required to place security deposits in interest-bearing accounts or provide home owners with interest on security deposit refunds.
Can managers charge residents for enforcement of park rules? Yes/No/Maybe.
The correct answer is yes. Most parks receive utility services from outside the park at a master meter. Park owners distribute utility services within the park to individual home owners. The cost of these utilities may be included in space rents or the MRL allows park operators to charge utility fees in addition to space rents.
Park operators may also charge fees for special services. Utilities, services and fees must be listed in the rental agreement and separately on homeowner bills. Park owners may charge fees for a limited time if authorized in the rental agreement such as capital improvement pass-throughs. If so, the fee expiration date should be listed on the initial notice and each bill.
Does the MRL allow park operators to demand a security deposit from homeowners? Yes/No/MaybeThe correct answer is maybe. Managers may demand security deposits only when a home owner first moves into a park, according to the MRL. The amount cannot exceed two month’s space rent plus rent for the first month. The lease agreement should explain when the security deposit will be returned to the home owner. Managers are not required to place security deposits in interest-bearing accounts or provide home owners with interest on security deposit refunds.
Can managers charge residents for enforcement of park rules? Yes/No/Maybe.
The correct answer is no. Home owners shall not be charged fees for enforcement
of park rules and regulations, according to the MRL.
Can managers pass through to residents court fines and costs that the park owner must pay for a violation of the MRL? Yes/No/Maybe
The correct answer is no. Park managers may not charge home owners any fees to recover court assessments against the park owner or manager for violation of the Residency Law. These court assessments include fines, forfeitures, penalties, money damages, attorney’s fees, and costs.
The correct answer is no. Park managers may not charge home owners any fees to recover court assessments against the park owner or manager for violation of the Residency Law. These court assessments include fines, forfeitures, penalties, money damages, attorney’s fees, and costs.
Can park owners charge home owners a fee to cure a lien or security interest in a home? Yes/No/Maybe
The correct answer is yes. Park owners may not acquire a lien or security interest in a mobile or manufactured home with two exceptions. Home owners may voluntarily grant a lien or security interest in a home to the park operator. Courts may award a lien or security interest in a home to the park operator. Any billing in such cases must be kept separate from space rent charges.
Civil Code Sections 798.31, 798.36, 798.38, 798.39 & 798.39.5
Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of Stuart Miles at FreeDigitalPhotos.net.
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