Penalties and Fees

Question: How do home owners enforce the provisions of the MRL?

Answer:  Park owners or managers may violate provisions of the Residency Law. Park residents would have to prove such a violation in a civil action in county courts. If current or former home owners prevail in a civil action, including small claims court actions, home owners may be awarded $2,000 for each violation of the Residency Law by park owners or managers. Current or former home owners also may be awarded punitive damages. Courts decide whether to make such awards and the amount of the award.

Question: Why would a park owner care about such a small $2,000 penalty.

Answer: Courts may award penalties for each and every single violation. Multiple violations can add up to a large sum. Suppose a park manager charges more than the MRL allows for electricity. Each month that the overcharge occurs could count as a single violation. Each home owner that is overcharged can file a separate civil action. 

Question: What about attorney's fees and the costs of going to court?

Answer: Courts may award attorney’s fees and costs to prevailing parties in legal cases. The judge also may dismiss litigation in favor of one side and award attorney’s fees and costs. Sometimes the parties may reach a compromise or settlement out of court. The settlement may include an agreement about attorney’s fees and costs.

Civil Code Sections 798.85 & 798.86
Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of Gualberto107 at FreeDigitalPhotos.net.