Editor’s Note: The Coalition of Mobilehome Owners (COMO-CAL), our former group, and now Mobilehome Magazine, have been writing about interference of sales for years. It is high on our list of issues.
We are happy to see Golden State Manufactured-Home Owners League (GSMOL) has introduced AB 2026 to combat the various ways parks interfere with sales of residents homes. One caveat: remember any law is only as good as enforcement. Today, enforcement means you have to hire an attorney and go to court.
Let’s hope California soon is covered by legislation similar to the Alternate Dispute Resolution Program of Washington State where residents pay $5 a year and can submit complaints to the state Attorney General’s office.
On February 20, 2014, Assembly member Stone introduced AB 2026, sponsored by GSMOL, to confront the problem of park owners making it difficult for homeowners to sell their homes in place, by refusing to approve the buyer to live in the park. This is one of the biggest problems identified in our survey of members last fall.
We asked you for your stories and examples to help support passage of the bill. We have received a number of great responses. BUT WE NEED MORE!
We need your stories to help build the case for the bill. Specifically, we need stories of homeowners who attempted to sell their home in place, but:
1. Found it difficult or impossible to find a buyer that park management would approve to live in the park;
2. Were told by management that they would have to make repairs to the home in order to sell it in place;
3. Were subjected to other unreasonable conditions that prevented them from successfully selling their home.
We also want to connect with brokers and agents who have been involved in the sale of manufactured homes, who might also be able to share with us stories of problems they have seen.
ASSEMBLY BILL No. 2026
Introduced by Assembly Member Stone February 20, 2014
An act to amend Sections 798.73.5 and 798.74 of the Civil Code, relating to mobilehome parks.
AB 2026, as introduced, Stone. Mobilehome parks: sales.
Existing law authorizes the management of a mobilehome park, in the case of a sale or transfer of a mobilehome that is sold and that will remain in the park, to require repairs or improvements to the mobilehome, its appearances, or any accessory structure only if specified conditions are met, including that the repair or improvement based upon or required by a local ordinance or state statute or regulation relating to mobilehomes.
This bill would require a determination following an inspection by the appropriate enforcement agency that the repair or improvement is required by the local ordinance or state statute or regulation in order for the management to require the repair or improvement.
Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park. Existing law also prohibits management from withholding approval if the purchaser has the ability to pay the rent and charges of the park, except as specified. Existing law authorizes management to require the purchaser to document the amount and source of his or her gross monthly income or other means of support but prohibits management from requiring personal income tax returns as evidence.
Existing law permits the management or owner to be held liable for all damages if the approval of a prospective homeowner is withheld for any unauthorized reason.
This bill would delete the authorization to require documentation of financial support and would require the purchaser to be presumed to have the financial ability to pay the rent and charges of the park if he or she has been approved for a loan to purchase the mobilehome, that the purchaser intends to occupy. The bill would prohibit management from withholding approval on the basis that the prospective purchaser will not comply with the rules and regulations of the park. The bill would also prohibit management from withholding approval solely because the purchaser owns another mobilehome or real property residence and from requiring that the mobilehome being purchased be the sole residence of the purchaser. This bill would require the management, if a prospective homeowner is denied approval and if requested, to meet with the purchaser or homeowner at which time the management would be required to reconsider the denial based upon any additional information provided by the prospective homeowner. This bill would permit the management or owner to be held liable for damages to either the selling homeowner or the prospective homeowner if the approval is withheld for any unauthorized reason.