Bill Text: CA AB869 | 2009-2010 | Regular Session | Introduced
Bill Title: Mobilehome parks: Certified Mobilehome Park Manager.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - From committee without further action pursuant to Joint Rule 62(a). [AB869 Detail]
Download: California-2009-AB869-Introduced.html
BILL NUMBER: AB 869 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 26, 2009
An act to amend Section 798.2 of, and to add Article 8.5
(commencing with Section 798.89) to Chapter 2.5 of Title 2 of Part 2
of Division 2 of, the Civil Code, relating to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 869, as introduced, Mendoza. Mobilehome parks: Certified
Mobilehome Park Manager.
Existing law, the Mobilehome Residency Law, governs tenancies in
mobilehome parks, including, among other things, imposing various
duties on the owners or managers of mobilehome parks to meet and
consult with homeowners, upon request, and to provide specified
disclosures to homeowners.
The Mobilehome Parks Act requires the Department of Housing and
Community Development to enact and enforce rules and regulations to
protect public health and safety in mobilehome parks. The act
requires the department to enter and inspect the parks, as specified,
to issue permits, and to send notices regarding violations of the
act or the regulations, as specified. Any person who willfully
violates the act, building standards related thereto, or rules or
regulations adopted by the department pursuant to the act is guilty
of a misdemeanor punishable by a fine not exceeding $400 or
imprisonment not exceeding 30 days, or both.
This bill would establish a program of certification for
mobilehome park managers. The bill would specify the subject matter
and hours of instruction, and would require a competency examination
and a specified certificate of completion. The bill would require
that if the management of a mobilehome park has been issued a notice
regarding a violation of the Mobilehome Parks Act that remains
uncorrected for more than 120 days as of January 1, 2010, the
management must complete the certification program before July 1,
2010. If the management of a mobilehome park has been issued a notice
regarding a violation of the Mobilehome Parks Act that remains
uncorrected for more than 120 days on or after January 1, 2010, the
bill would require the management to complete the certification
program within 60 days of the 120-day period. The bill would also
require that notice be provided to homeowners and prospective
homeowners regarding whether the park is managed by a Certified
Mobilehome Park Manager, as specified. The bill would include a
statement of legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) There are nearly 400,000 manufactured and mobilehomes in
California located in 4,705 mobilehome parks that are housing an
estimated 700,000 people.
(b) The vast majority of these homes are owner-occupied. Like
other single-family homes, these homes are, for all practical
purposes, immobile and often represent the homeowner's largest single
investment.
(c) The management and operation of a mobilehome park community is
governed by a unique set of laws and regulations, including the
Mobilehome Residency Law and the Mobilehome Parks Act. These laws
provide that, in any park where 50 or more units are located, an
onsite manager must reside in the park. It is essential that
individuals responsible for the management of such a community are
well trained so as to ensure that the rights and responsibilities of
both homeowners and the management are recognized and understood.
(d) It is in the public interest for homeowners to have accurate
information about the level of training that a park manager has
received, and to be assured that those managers using the title,
"Certified Mobilehome Park Manager" have met certain minimal
educational standards.
SEC. 2. Section 798.2 of the Civil Code is amended to read:
798.2. (a) "Management" means the owner of
a mobilehome park or an agent or representative authorized to act on
his behalf in connection with matters relating to a tenancy in the
park.
(b) "Park Manager" means a person who is primarily responsible for
the normal ongoing onsite management of the mobilehome park.
(c) "Certified Mobilehome Park Manager" means a park manager who
has met the requirements set forth in Section 798.89.
SEC. 3. Article 8.5 (commencing with Section 798.89) is added to
Chapter 2.5 of Title 2 of Part 2 of Division 2 of the Civil Code, to
read:
Article 8.5. Certified Mobilehome Park Manager
798.89. (a) No person shall use the title or designation
"Certified Mobilehome Park Manager," unless the person has met the
following requirements:
(1) Within the past two years he or she has completed a course of
study that includes a competency examination that has been developed
and administered in a manner consistent with the standards and
requirements set forth by the American Educational Research
Association's "Standards for Educational and Psychological Testing."
The course of study shall be no less than a combined 10 hours of
instruction, and shall, at a minimum, include the following subject
matter:
(A) Not less than six hours of instruction regarding the
Mobilehome Residency Law, commencing with Section 798, and, in
addition, Chapter 2 of Division 1 of Title 25 of the California Code
of Regulations.
(B) Not less than three hours of instruction on leases and rental
agreements, unlawful detainers, ethics, the adoption and enforcement
of the rules and regulations of a manufactured housing community,
fair housing law, and other general issues related to property
management.
(C) Not less than one hour of instruction on conflict resolution
which focuses on teaching participants skills to resolve complaints
and disputes with homeowners and residents.
(2) Receive a certificate of completion from a manufactured
housing trade organization or an accredited postsecondary educational
institution that includes the following information:
(A) The name of the participant.
(B) The subject matter.
(C) The name of the instructor of the course.
(D) The number of hours of instruction completed.
(E) The date the course was completed.
(b) For purposes of this section, "manufactured housing trade
organization" means a not-for-profit organization that meets the
following requirements:
(1) Has at least 200 members that own or operate a mobilehome park
or reside within mobilehome parks within the state.
(2) Has been in existence for at least five years.
798.90. If the management of a mobilehome park has been issued a
notice regarding a violation of the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code) and that violation has remained uncorrected for more
than 120 days as of January 1, 2010, as documented by the records of
the Department of Housing and Community Development, or its designee,
the management shall complete the certification requirements of
Section 798.89 by July 1, 2010. If the management of a mobilehome
park has been issued a notice regarding a violation of the Mobilehome
Parks Act on or after January 1, 2010, and the violation remains
uncorrected for more than 120 days, the management shall complete the
certification requirements of Section 798.89 within 60 days of the
120-day period that commenced on the date the notice was issued.
798.91. Any rental agreement offered to a homeowner or
prospective homeowner shall be accompanied by a written notice in at
least 12-point type that states whether the park is managed by a
Certified Mobilehome Park Manager. A similar notice shall be posted
in a conspicuous place in the clubhouse, or if there is no clubhouse,
in a conspicuous public place in the park accessible to homeowners
and residents.
