Failure to Maintain Facilities or Services

The Residency Law defines the failure of park owners to maintain the physical condition of parks as a public nuisance. Such nuisances may be solved by a civil legal action or abatement. One or more home owners may file such actions. County district attorneys or county counsels, city attorneys or city prosecutors, or the State Attorney General also may file civil actions.

The formal effort begins with a written notice of “intent to commence action” delivered to park managers. Those home owners filing the complaint should identify common facilities not being maintained in good working order. Notices should explain the reasons behind the complaint and request repairs. Civil actions may be filed thirty days after sending the notice.

For example, a park sidewalk might have a crack that creates a trip-and-fall hazard. One or more residents might submit a notice to the manager. Home owners might measure the fracture, provide a photograph and request its repair.                                                              

Park owners may cut back services. For instance a park owner may close a pool. Space rent should be reduced in such instances. One or more home owners may formally allege that park owners have reduced levels of service. After giving park managers a thirty day written notice, home owners may file a civil action.

Civil Code Sections 798.84 & 798.87
Copyright - Carl Eric Leivo, Ph.D.
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