Trees

Does the MRL address trees? Yes/No?Maybe

The correct answer is yes. Home owners and managers sometimes squabble about trees. Trees have become such an issue that lawmakers addressed them in the Residency Law.

Does a home owner have the right to plant a tree on their space? Yes/No/Maybe

The correct answer is maybe? Home owners cannot plant a tree on their space without first obtaining written permission from the park manager. There may be underground utility lines or other reasons why a tree should not be planted at a specific location. The permission letter should be kept with important home papers.

Buyers, whether installing a new manufactured home or buying an existing home, should request a copy of permission letters if trees were planted on their space. If previous owners do not have such letters, home buyers should obtain an acknowledgement from park managers that trees existed prior to their occupancy.

Are park managers responsible for maintenance of trees in common areas? Yes/No/Maybe

The correct answer is yes. Park managers bear sole responsibility for trimming, pruning, removal and maintenance of all trees in common areas according to the MRL. The park owner must pay these costs.

Are home owners responsible for maintenance of trees on their space? Yes/No/Maybe

The correct answer is maybe. Park rules may specify that home owners are responsible for minor maintenance of trees on their space. On the other hand, the Residency Law addresses trees on home spaces that pose a health or safety threat. Home owners may write and ask park managers to take care of a hazardous tree. Managers determine if a tree is a hazard. If park managers and home owners disagree about a tree, either may request that a Department of Housing and Community Development (HCD) inspector examine the tree. Park staff or landscape contractors may enter leased spaces to trim, prune, or remove hazardous trees. Park owners pay the cost of maintenance of hazardous trees.

Civil Code Section 798.37.5

Copyright - Carl Eric Leivo, Ph.D.
Image courtesy of dan at FreeDigitalPhotos.net.