Maintaining Spaces and Removing Personal Property

Some residents may not maintain their spaces according to park rules. Park managers decide if a space is not being maintained adequately. Managers may not terminate a tenancy because a home owner does not maintain their space. Managers must enforce park maintenance rules in a fair, evenhanded fashion.

Managers first notify home owners in writing if they fail to take care of their space. Notices should state the specific maintenance problem and estimate cleanup charges.  If owners fail to correct problems within fourteen days, managers may clean-up the space and charge home owners a maintenance fee based on the cleanup cost.

When cleaning up a space, managers may decide to remove residents’ personal property. The fourteen-day notice should describe property to be removed, state the park rule justifying the removal, and estimate the charges. After the time period, park management may remove the property to a storage facility. Managers cannot remove homes or accessory structures. In order to retrieve their property, residents must reimburse the park for the costs of removing and storing the property.

Within seven days after removing personal property, park managers must provide residents a written notice. Notices must include an inventory of the property removed. The location where property may be claimed and charges also should be listed on notices. If home owners claim property but do not reimburse the park for costs, managers may include those costs in a monthly bill.

Personal property is considered abandoned if not claimed within sixty days. Park managers may dispose of the property in any manner. Managers may not charge home owners storage charges for more than sixty days. Residents may write to managers and abandon their personal property earlier than sixty days. If they do, no further storage charges would be added to their accounts.

Managers may dispose of abandoned property by sale or auction. If funds received exceed the amount owed, managers must refund the difference to residents within fifteen days. If the sale yields less than the amount owed, home owners remain responsible for the difference.

Civil Code Section 798.36.
Copyright - Carl Eric Leivo, Ph.D.
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