MADRONE COURT RULES
AND REGULATIONS
(REVISED 2014)
PLEASE READ THESE RULES AND REGULATIONS CAREFULLY AS THEY CONTAIN BINDING
COVENANTS, CONDITIONS AND RESTRICTIONS THAT APPLY TO MOBILEHOME TENANCY AND ARE
INCORPORATED BY REFERENCE INTO THE RENTAL AGREEMENT.
Homeowner:
_______________________________________________________Space:_________
All
other occupants: ______________________________________________________________________
Pet: TYPE_________________WEGHT ___________
AGE ____________ COLOR____________
Vehicles
to be parked at Space: MAKE_____________
MODEL_________ COLOR______PLATE:____________
Vehicles
to be parked at Space: MAKE_____________
MODEL_________ COLOR______ PLATE:____________
1.
INTRODUCTION:
A. These are the Rules and Regulations of Madrone
Court, which are part of the rental agreement and incorporated by reference. We
have prepared them in accordance with the provisions of the Mobilehome
Residency Law. Good neighbors will study these rules and enthusiastically and
voluntarily comply with them. All homeowners and residents must comply with
these rules and regulations as a requirement of tenancy. Please contact the
Park Manager if you have any questions.
EQUAL HOUSING
OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR
HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY, SOURCE OF
INCOME, FAMILIAL STATUS, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW. PLEASE SEE POLICY IN FULL AT
END OF THESE RULES AND REGULATIONS.
B. Purpose and
Intent: The Rules and Regulations are for the protection of the Park and to
promote compliance with the law, care for common areas and reasonable conduct
and maintenance standards. At all times, the rules and regulations will be interpreted in a reasonable fashion
consistent with the Mobilehome Residency Law ("MRL"), as it may
change from time to time. Changes to the MRL usually occur each year. You may
request updated copies of the MRL as specified by law.
C. Occupancy Limit:
No more than two (2) persons per bedroom, plus one (1) additional person per
Mobilehome, shall regularly occupy the Space. Only those persons listed on the
rental/lease agreement may occupy the mobilehome for more that twenty
consecutive days or thirty days in a calendar year.
D. These Rules and
Regulations supersede any inconsistent terms of tenancy including prior Rules
and Regulations.
E. FAMILIES WELCOME!:
This park is an "all age" community with no minimum age requirements.
At least one homeowner must have the legal capacity to enter a contract (i.e.,
at least one registered owner must be 18 years of age or been adjudged
emancipated by court order).
F. RENTS: Rents and
all other charges are due on the first day of the month and considered late if
not paid by the close of business on the fifth day of the month. Rents not paid
by the close of business on the fifth day of the month will be subject to a
late fee. A separate charge will be imposed on any checks returned by your bank
for any reason. Late fees and returned check fees are posted in the park
office.
PERSONS OF ALL AGES
MAY RESIDE IN ACCORDANCE WITH THE FAIR HOUSING ACT, AND THE FAIR HOUSING
AMENDMENTS ACT OF 1988. RESIDENCY IS NOT CONDITIONED UPON OR RESTRICTED BY THE
AGE OF ANY RESIDENT OR GUEST. THERE IS NO AGE PREFERENCE EXPRESSED BY
MANAGEMENT. ANY UNLAWFUL DISCRIMINATION BY ANY RESIDENT, OR GUEST, OR REAL ESTATE AGENTS MAY BE REPORTED TO APPROPRIATE GOVERNMENT
AUTHORITIES.
F. Universal Rule: Absent specific rule,
homeowners must generally conduct themselves in a reasonable manner, so as not
to adversely affect neighbors, management, property, or others. In other words,
no nuisance, breach of quiet enjoyment, annoyance, violation of laws or
regulations, or injurious conduct or conditions are permitted, even if specific
injurious, dangerous, or harmful conduct are not particularly described.
2. USE OF FACILITIES:
Homeowners and guests
have the right to use Homeowner's Space and Park facilities only if they comply
with these Rules and Regulations and other provisions of the Park's residency
documents. The Park will attempt to promptly and impartially obtain the
cooperation and compliance of all Residents with the Rules and Regulations and
other conditions of residency. Homeowner recognizes, however, that the Park's
ability to obtain compliance is dependent upon a number of factors, including
the cooperation of all Homeowners and their guests, the nature and extent of
the failure to comply, the expense and practicability of enforcement and the
laws then in effect. Homeowner agrees, therefore, that the enforcement of these
Rules and Regulations and conditions of tenancy are a private matter between
the Park and each Homeowner individually.
3. PARK PERSONNEL:
The Park shall be
represented by its Resident Manager vested with the legal right and authority
to enforce the Rules and Regulations on behalf of the Park. Manager has no authority to enter into, modify
or cancel any tenancy agreement, or rule and regulation. Park maintenance personnel
are employed for maintenance of Park property only. Park property, tools and
equipment are for the use of Park personnel only. Homeowners shall not use or
borrow any of the Park's property, tools or equipment.
4. GUESTS:
A. Guest Registration Requirements: No guests may stay
longer than twenty (20) consecutive days, or more than thirty (30) days in any
twelve (12) month period.
B. No Right of
Tenancy: No guest will have any rights of tenancy. Guests desiring to park or
operate motor vehicles on Park property (streets) may be required to register
said vehicles with management and provide proof of financial responsibility
(i.e., insurance and current registration). For any guest who stays with Homeowner
more than a total of twenty (20) consecutive days or a total of thirty (30)
days in a calendar year (hereinafter "grace period"), Homeowner may
be charged a guest charge as provided in the rental agreement for each guest
for each day following the expiration of such grace period. Such charges may be
added to the monthly statement given to the Homeowner and payable together with
monthly rent and other charges. If Homeowner fails to pay a billed guest
charge, demand to cure the default may be made by a combined or separate three
day notice to pay the demanded amount and sixty (60) day notice to quit and
remove the mobilehome from the premises as permitted by the Mobilehome
Residency Law. This provision shall also be construed as a covenant of tenancy
or amendment to the rental agreement. The amount of the guest charge may be
increased on ninety (90) days advance written notice.
C.
Immediate Family Members, Care Givers: No guest fee will be imposed if the
guest is immediate family member of Homeowner (as defined by the Mobilehome
Residency Law as the Homeowner’s spouse, parents,
children, and grandchildren under eighteen (18)
years of age), or, if the guest does not stay with him or her for more than a
total of twenty (20) consecutive days or a total of thirty
(30) days in a calendar year, or, is sharing Homeowner’s
mobilehome if Homeowner lives alone and wishes to share the mobilehome with one
age qualified person, or, where Homeowner shares the mobilehome with a person
over eighteen (18) years of age if that person is providing live in health care
or live in supportive care to the Homeowner pursuant to a written treatment
plan prepared by the Homeowner’s
physician, all as provided by the Mobilehome Residency Law.
D. Guests Must Be
Accompanied by Homeowner: No unaccompanied guests are permitted to use the
recreational facilities and amenities; a guest is permitted to visit only while
accompanied by a Homeowner. No guest may use any common area
facility, service, and amenity or be present in any common area without accompaniment
of a Homeowner at all times.
E. Qualification As
Homeowner: A guest who remains in the Park after his host has died, moved, or
for any other reason does not physically reside in the Park on
a regular basis, will be considered to be the equivalent of a buyer and the
guest will be subject to the requirements of this Agreement and
as such, will be required to apply for and be approved for tenancy, whether or
not the guest has an ownership or financial interest or
lien in or to the mobilehome, such as a "legal" or
"registered" owner of record. The requirements of this Agreement will
also apply if Homeowner only sells/transfers a portion of the interest in the
mobilehome or assigns only a portion of the right to occupy the
space.
F. Occupation By Unaccompanied
Guests: If Homeowner will not be present or reside at the space, then no guests
may occupy or otherwise use Homeowner’s mobilehome without
Management’s
consent. Guests have no rights of tenancy in the Park.
G. Accommodation Of Guests: Owner reserves the
right to determine whether our recreational and other facilities can
accommodate all Homeowners and their
guests and, therefore, may refuse any guest access to the facilites if the guest’s presence would unreasonably
detract from the use and enjoyment of these facilities by other Homeowners and
residents.
H. Sharing of
Homeowners’ Mobilehome.
If Homeowner is living alone and wishes to share the mobilehome with one person
as allowed by Mobilehome Residency Law, Homeowner may do
so and no charge will be made, although, this additional person will be treated
as a guest and will not have any rights of tenancy in the Park.
5. LANDSCAPING:
A. Landscaping Spaces
or changes to existing landscaping shall be completed within sixty days of the
date Homeowner begins the work. Homeowners should
discuss their landscaping plans with the Park Manager prior to preparing the
written plan for the Park's approval. Prior to commencing
any landscaping, Homeowner must prepare and submit a written plan for the
approval of the Park. Any landscaping installed which does
not conform to the Park's residency documents or is installed without the
required written approval shall be removed by Homeowner within ten days of
receipt of the written notice.
B. The Park's general
landscaping standards are:
1. Park encourages
everyone to be as original and elaborate as they wish as far as lawn, flowers,
and shrubs are concerned.
2. Only live plants
may be used. All landscaping must be trimmed in such a manner so as not to
extend beyond any lot lines of the Space.
3. If rock is
incorporated in your landscaping plan, plants, trees or shrubs must be
incorporated into the same area as the rock. Black plastic
of a minimum thickness of four mil must be placed under the rock to prevent
weeds from growing up through the rocks. Wood chips may be used if
they are contained on the space (so as not to float away during rainy periods
or be blown away when it is windy).
4. Toxic and
poisonous trees, plants, and shrubs are prohibited.
5. No trees are to be
planted unless approved in writing by Owner as to type and location. No tree or
shrubbery is allowed which does or may develop a root
structure, which causes cracking, buckling, or otherwise interferes with
streets, driveways or other Park facilities.
6. Fences are
permitted provided they comply with the existing fence guidelines, which are
available for review in the Park office. Non-conforming fences must be removed
at the time of sale or transfer of the mobilehome. Chain link fencing is not
permitted. No fencing may extend beyond the front of a home. All fencing must
be approved in writing by the Park office.
7. Waterfalls,
statuary and other forms of decor will be permitted only with Park's prior written
approval. Pools, tubs, ponds or other bodies of water
outside the mobilehome may be permitted with prior written approval from
management.
8. Permanent flagpoles are not permitted.
Flagpoles which are four feet or less in length, which are designed to be
mounted on the front of the mobilehome and easily removed
for storage are permitted.
6. ACCESSORY EQUIPMENT, STRUCTURES AND APPLIANCES:
A. The installation
of all required appliances, accessory equipment and structures on incoming mobilehomes
by Homeowner shall be completed within sixty days of the date
Homeowner signs the rental agreement or first occupies the mobilehome,
whichever is earlier. Prior to commencing
installation of or a change in accessory equipment and structures, or
installation of or a change in the appliance which is to
be connected to the electric or water supply, Homeowner shall submit for Park's
approval a written plan describing in detail the accessory equipment,
structure or appliance which Homeowner proposes to install or change. The
following equipment, structures and appliance standards
are provided only to assist Homeowners in their preliminary planning. Any accessory
equipment or structure or appliance installed or changed which does not
conform to the Park's residency documents or applicable federal, state or local
laws or ordinances shall be removed by the Homeowner
within ten days of receipt of the written notice.
B. The Park's general
standards for accessory equipment, structures and appliances for Incoming
Mobilehomes are:
1. The Park requires
that porch and carport awnings, skirting, steps, porches and shed be added;
2. Porches must be
covered by an awning that covers the entire porch.
3. Carports must be
covered by an awning that must extend from the front edge of the mobilehome to
the back end of the driveway,
4. All exterior
siding of the mobilehome must be of Alcan, Masonite, Hardieboard or equivalent,
with approved matching skirting.
5. Exterior steps,
both patio side and carport side, must be of an approved material with siding
matching the exterior material of the mobilehome.
Treads, deck and porch surfaces must be covered with carpet or other approved
material (Other approved material includes, among other things, Trex, redwood,
treated wood or other such material. It
does not include plywood, particle board or other materials which will readily
deteriorate when exposed to the weather) unless made of masonry; the temporary
steps provided by your dealer must be removed from the Park no later than sixty
days from the time the mobilehome is moved into the Park. Steps must have
approved handrails;
6. Homeowner may
install a storage shed with a maximum of 120 square feet, not to exceed 10 feet
in height, placed in a spot approved by Park Management.
7. All mobilehomes
moving into the Park must have detachable hitches;
8.
Only mobilehomes which are in good condition and compliant with all codes and
regulations will be permitted to move onto an empty space in the
Park. A plot plan showing details of a proposed installation must be submitted
to park management on 8 1/2" x 11" paper, accurately
drawn to a scale of either 1" = 10' or 1/8" = 1'.
9. All appliances
must conform to all the applicable federal, state and local laws and
ordinances. Homeowner is responsible for making sure that the
mobilehome and all accessory equipment and appliances are compatible with the
electric services now available and do not exceed the lot service
specification.
10. TV or other
antennae may be installed outside the mobilehome to the rear and only as high
as needed to obtain an adequate signal of local
stations and should not be more than 3 feet above the highest point of the
roof. Dish antennae over one meter in diameter or more than 12 inches higher
than the roof are not allowed.
11. Exterior shades,
screens, blinds and other similar items must be approved by Management. All
approved exterior shade, screen, blinds or other similar items which are
unsightly and/or in need of repair must be replaced or repaired within 7 days
of written request. Screened in rooms must look like an integral
part of the mobilehome and must have the written approval of Park Management
before construction begins; and
12. Color and
materials used are subject to Management approval in advance. Do not buy
materials until a sample is approved.
C. The Park's general
standards for accessory equipment, structures and appliances for existing
mobilehomes are:
1. The Park requires
that the Homeowner maintain in good condition and repair the mobilehome and all
accessory equipment, structures, fences and appliances which are presently
installed or may be installed on the space. This obligation includes the
replacement of any such items, which are missing or are damaged to the point
that it cannot be reasonably repaired. This obligation also includes the
repainting of the mobilehome, accessory equipment,
structures and appliances when they are reasonably in need of repainting. Color
and materials used are subject to Park Management's
discretion.
2. Homeowner will
only be required to adhere to the standards for incoming mobilehomes that apply
to the change or addition Homeowner is actually making. For example, if you
added a storage shed, you would be required to adhere to the storage shed
standard; if changes or additions to skirting or
awnings are voluntarily made, the current standards would apply.
7. SPACES AND
MOBILEHOME MAINTENANCE AND APPEARANCE:
A. Homeowner shall
maintain their Space and mobilehome and all landscaping, structures,
improvements and other things attached to or placed thereon in good condition and repair and in a neat,
clean, attractive and well-kept fashion. Homeowner shall make no alternations,
improvements, additions or utility installations, or modify the drainage or
landscaping, or make any contract for such work without owner's prior
written consent and approval. In giving or withholding owner's consent to any
such work, Owner may, at its option, take into account and
base agreement or refusal of consent entirely upon aesthetic considerations and
the compatibility of such changes to the Park.
If Homeowner fails to obtain Owner's prior written consent and approval,
all such alterations, improvements, additions, fences or utility
installations, shall be promptly removed by the Homeowner, at Homeowner's
expense, upon Owner's request. Before taking any action that alters the
appearance or condition (including additions of any accessories, items, decor
or structural change), Homeowner is required to submit
a request in writing for the work and to give notice of the contractor to be
used, if any.
B. All landscaping and trees on the space must be
maintained by Homeowner, including weed control and tree and bush trimming. Homeowner
is responsible for disposing of all debris and leaves in a trash bag (not
directly in dumpster unless the dumpster is specifically earmarked for green
waste) and placed in the trash container. In the alternative, if there is a pile
established for the purpose of burning yard waste, Homeowner may add debris
from trimming foliage and leaves to that pile. All gutters and streets are to
be kept free of such debris and leaves. All concrete, asphalt and other
surfaces, including parking spaces, shall be maintained in good
condition and repair, kept clean and maintained free of oil and other sticky or
oily substances. Individual driveway maintenance is
Homeowner's responsibility. When Homeowner is away, it is his/her responsibility
to have his/her mobilehome and Space maintained.
C. Wheels, hitches
and other items permitted by law are the only objects that may be stored under
the mobilehome. Unless specifically permitted by the
Park's residency documents or approved by Owner nothing may be placed or stored
outside of the mobilehome or storage sheds. This
includes, but is not limited to overstuffed furniture,
appliances, ironing boards, brooms, mops, tools, gardening equipment,
debris, refuse, litter, firewood or any item which is unsightly in appearance.
Patio furniture, operable bicycles and barbecue equipment, all of
which are to be maintained in an attractive and neat condition, are the only
items permitted outside of the mobilehome or storage shed. Nothing is to be
hung outside of the mobilehome or shed to dry or air or for any other purpose.
Only outdoor patio furniture designed for outdoor use may be
used on the patio, porch, yard or other portions of the space. Ladders, wheelbarrows, hoses and other
maintenance equipment may be stored outside if it will not fit in Homeowner’s
shed. Storage of such items must have
the prior written approval of Park and must be located in a manner to provide a
minimal effect on the view of neighbors.
D. Park does not have
the dumpsters designated for any particular Homeowners; if the dumpster you
normally use is full, Homeowner must look at the
other dumpsters to see if there is room in them. Any garbage that cannot be
placed in a mechanical garbage disposal must be
wrapped, and with other refuse, must be placed in plastic trash bags or trash
cans and kept inside the mobilehome or storage shed until
placed in the dumpsters. Trash should not be placed on the ground.
Sanitary and health laws must be obeyed at all times. Maintenance people hired
by Homeowner may not use the Park dumpsters to dispose of clippings or
trimmings from other job sites.
E. Homeowner shall
not dispose of any hazardous waste substances or household products in the Park
dumpsters and shall not dump any such substance on any
Park property, on any space within the Park, in any drain connected to the
sewer system or in the Park streets. All hazardous waste,
substances and household products including, but not limited to, used motor
vehicle oil, engine coolant, pesticides, paints, cleaning
products and other similar substances shall be taken by Homeowner to a
hazardous waste collection center or otherwise disposed of in
accordance with all applicable local, state and federal law. Homeowner is
responsible for any stoppage of a sewer line that occurs before the “t”
joint, which joins the sewer line from the space to the Park common sewer line.
F. Anything that
creates a threat to health and safety shall not be permitted on the Space. No
flammable, combustible, or explosive fluid, material, chemical or
substances, except ones customarily used for normal household purposes, may be
stored on the Space and then only in quantities
reasonably necessary for normal household purposes.
G. As major repair
and painting can cause damage to the property of others if not properly
conducted, Homeowner is required to obtain Park Management's
consent before undertaking such actions.
H. If any portion of
the exterior of the mobilehome or its accessory equipment, structures or
appliances, or the space is damaged, the damage must be
repaired within thirty days. Homeowner may obtain an additional thirty days
extension to complete said repairs upon written request to
Management. This obligation includes, but is not limited to, damage to the
siding, awning supports, downspouts, skirting, porches or
storage sheds.
I. The utility
pedestals (water and utility hookups) must be accessible at all times. If one
of the Park's water shut off valves is located on Homeowner's Space, it must be
accessible at all times. Homeowner shall not connect, except through existing
electrical outlets or water pipes on the Space, any apparatus or device for the
purposes of using electric current or water.
J. Homeowner will not
trim trees planted by the Park without the Park's consent.
K. Drainage patterns
and grading of the space must comply with all applicable federal, state or
local laws to ordinances and may not be changed without the
Park's written consent. It is the responsibility of Homeowner to maintain the
drainage pattern on his space.
L. Homeowner shall
bear the cost of repairs to any utilities or Park property damaged by
Homeowner. To avoid damage to underground facilities, Homeowners
must have the Park's written consent before digging or driving rods or stakes
in the ground.
M. Homeowner shall
not sweep or hose dirt, clippings or debris into the street or the neighboring
Space. Vehicles should not be washed on the Park streets.
N. Building permits,
licenses and other similar permission from governmental or agencies are
required and must be obtained before construction or installation of certain accessory equipment and
structures and appliances and all such appliances, equipment and structures
must comply with all federal, state and local laws and ordinances and meet the
workmanship standards of the trades. Only licensed contractors
may do spray painting in the Park or install items that are required to be
connected to the electrical, gas or water supplies. Homeowner
should check with the Park Manager before performing any work on the mobilehome
to determine if a state permit is required before starting the work. Management
has an affirmative duty to stop any work being performed and require the
appropriate permit be obtained.
O. Except in those
instances where the electrical system capabilities may be insufficient to
supply adequate power to all appliances or where there are
specific restrictions on installation
of certain items referenced in the Rules and Regulations or other residency documents to items
"connected to the electric or water supply," are not intended to
include normal household appliances that can be installed by
simply "plugging in" to an electrical plug or attaching a water hose
to an existing outlet. Rather, the Park is only concerned with items which
require more extensive installation efforts where the method and quality of
the installation may present health or safety problems if not performed
correctly or the installation of items which require building permits
or installation by a licensed contractor or where the Park or other persons may
be adversely affected by the installation of the particular item.
P. Because the
electrical service delivery system is subject to minor momentary and transient
voltage surges, fluctuations and disruptions which may
occur in the normal operation of the electrical system and which are beyond the
control of the Park, it shall be the responsibility
of Homeowner, at Homeowner's own expense, to install and maintain any and all
special and/or auxiliary protective devices on the load
side of the service delivery point as deemed necessary by Homeowner to protect
Homeowner's electrical equipment and devices from
voltage surges, fluctuations and disruptions resulting from causes beyond the
control of the Park.
Public utilities
provide electric meters and charges for consumption will be billed directly by
the utility company. Telephone and cable service may be provided by the
respective utility company, which must be contacted by the tenant for
installation. The Park office can provide the contact information for the local
utilities.
Q. Only manufactured
accessory equipment and structures and appliances are permitted and no such
"homemade" equipment, structures or appliances may be
installed without Park's approval.
R. Removal
and Storage of Property: If Management determines that the removal of personal property
from the Space is necessary to bring it into
compliance with the Rules and Regulations or applicable law (Mobilehome Parks
Act or Title 25 of the Code of Regulations); Management may remove
the property to a reasonably secure storage facility. Homeowner is responsible
for reimbursing the actual and reasonable cost, if
any, of removing and storing the property. Management may dispose of the
property in any manner allowed by law.
S.
Material Which Will Not Dissolve in the Sewer System: Material that will not
dissolve in the sewer system, such as facial tissue, paper towels,
sanitary napkins, or dryer sheets MUST NOT BE FLUSHED DOWN THE TOILETS. Owner
may hold Homeowner responsible for costs of clearing any
clogged lines where the obstruction is located on the Homeowner's side of the
main or common line. Homeowner shall indemnify Management
for any damage that occurs due to such a Homeowner caused obstruction.
T. Maintenance Duties
Re: Mold: Homeowner Responsible for Moisture, Accumulated Water, Mold.
Homeowner shall maintain the Space so water does not
accumulate. Water must drain off in a fashion as to avoid runoff onto another Space
or Park common area. The skirting shall not extend into the
grade because moisture or water may accumulate under the mobilehome. All
watering systems shall be installed, maintained and adjusted
as necessary to avoid water run off and standing water. Any beams shall be
maintained to avoid the accumulation of water on the Space. Any
masonry skirting must contain sufficient ventilation to prevent accumulation of
water under the mobilehome.
8. IMPROVEMENTS:
All landscaping and
structures or other improvements permanently attached to or embedded in the
ground shall become a part of the realty upon their
installation and belong to the Park and shall remain upon and be surrendered
with the Space. Homeowner shall repair any damage to the
Space caused by the removal, including, but not limited to, the filling in and
leveling of holes or depressions and shall leave the Space in a
neat, uncluttered condition with the Park's original engineered grade intact.
9. COMMON AREAS:
There are no Management
personnel to supervise use of Park common areas. Based on requirements imposed
by federal law, sole responsibility for child usage of facilities
and common areas constitute decisions that must only be made by the parents and
guardians of children. The abilities of youngsters for
unsupervised activities in common areas cannot be decided or enforced by the Management. For
these reasons, Management is not responsible for the decision of any parent or
lack of supervision, which results in injury or death to
any children, because federal law prohibits Management from establishing rules
and regulations, which require age-based supervision or access requirements.
A. Homeowner should
also be aware of Penal Code §11165.2 and .3 which provides that it is a crime
to neglect children, such as willfully causing the child to be
placed in a situation such that his or her person or health is endangered,
including the intentional failure to provide adequate food,
clothing, shelter, or medical care, or negligent failure to provide adequate food, clothing, shelter, medical care, or supervision
where no physical injury to the child has occurred.
B.
No clothing, blankets or other items are permitted to be hung outside on
railings or fences to dry or for any other reason.
10. CONDUCT:
A. Actions by any
person of any nature that may be dangerous or may create a health and safety
problem or disturb others are not permitted. This
includes, but is not limited to, any unusual, disturbing or excessive noise,
intoxication, quarreling, threatening, fighting, immoral or illegal
conduct, profanity, or rude, boisterous, objectionable or abusive language or
conduct. Persons under the influence of alcohol or any other substance shall
not be permitted in any area of the Park that is generally open to Homeowners
and guests, known as common areas.
B. Compliance with Law, Residency Documents and
Posted Signs:
1. No violation of
any federal, state, local law, regulation or legal requirement is allowed (such
as violation of set back requirements, building standards,
accessory structures, electrical overloading, plumbing leaks).
2. A violation of
terms, conditions, or other provisions of the Rental Agreement or Rules and Regulations
is prohibited and constitutes grounds for termination of tenancy.
3. Any inspections completed by Park are for Park's
purposes only, and Homeowner is not entitled to rely on that inspection or approval
to insure that the item has been installed or constructed correctly. Homeowner
agrees to indemnify and hold Owner harmless for any work that is
improperly done, and/or not in compliance with applicable law, codes or standards, such indemnity to
include the Park's reasonable attorney's fees related to
necessary legal proceedings.
4.The Mobilehome
Residency Law presumes that a substantial violation of Rules and Regulations
justifies injunctive relief (and thus assumes irreparable
harm and lack of adequate legal remedy) without proof of irreparable harm or
lack of an adequate legal remedy.
C. Radios,
televisions, musical instruments and other devices must be used so as not to
disturb others. No devices that may disturb or interfere with radio or
television reception will be permitted.
D. No nuisance or
waste is permitted. Homeowners and their guests shall not trespass on any
Homeowner's Space or on any area that is not open for general use by Homeowners
and their guests. All Park property
which is not for the use of Homeowners and guests, including
but not limited to electric, water, and sewer connections and other equipment
connected with utility services and tools and equipment of Owner
shall be avoided and not used, tampered or interfered with in any way.
E. Homeowners, their
guests, and children must be quiet and orderly. Homeowners are responsible for
acquainting all guests with the Park Rules and
Regulations.
F. Roller skating,
skateboarding, baseball, football and ball throwing of every kind are
prohibited on the Park streets. Baseball, football, ball throwing, flying
objects (such as frisbees and the like), may be utilized in the common
areas of the park away from mobilehomes and RV’s that may be impacted by such
activity. Any remote control devices and toys may also be operated or used in
the common areas of the Park away from the mobilehomes and RV’s. The Park
streets are not to be used as a playground.
G. Fires are not
permitted except in fireplaces, barbecues and other appliances in Homeowner's
mobilehome.
H. Termination of Tenancy for Substantial
Annoyance: The Mobilehome Residency Law provides that mobilehome Park Management may
terminate a Homeowner's tenancy in a mobilehome park and proceed with eviction
due to conduct upon the Park premises by the Homeowner or resident
which constitutes a substantial annoyance to the other Park residents. The term
"substantial annoyance" is clarified in the
following sub sections "1" through "14." Homeowner(s) agree that conduct which constitutes
a substantial annoyance to other Park residents
within the meaning of Civil Code section 798.56(b), shall include, but not
necessarily be limited to the following conduct or
combinations thereof, upon written complaint by other residents and witnesses
and their willingness to cooperate and testify in a court proceeding
due to the seriousness of the acts or omissions:
1. Frequent arguments
at your space (neighbor to neighbor disputes, domestic disputes, domestic
violence, etc.), which are audible to a next door
neighbor inside their home or in the Park streets;
2. Any terrorist
threats or racial/ethnic insults made to others, including Management staff or
neighbors;
3. Brandishing of any
deadly weapon and/or discharge of any explosive devise including fireworks, or
discharge of any gun including compressed air guns
and "BB" guns within the mobilehome park complex, whether intentional
or accidental;
4. Multiple responses
(i.e., 3 times in any 12 months) to the Park by the police for reported
criminal and/or nuisance activity or disturbances of the
peace at your Space;
5. Frequent vehicular
traffic to and from your Space for short visits;
6. Frequent bicycle
or foot traffic to and from your Space for short visits;
7. Frequent loud
music at the Space night or day that is audible to a next-door neighbor inside
their home or in the Park streets at an unreasonably loud level;
8. Frequent open
consumption of intoxicants and/or drunken disorderly behavior whether at your Space
or in common areas;
9. Unsafe driving
within the Park including driving at an unsafe speed, failure to stop or yield,
endangerment to pedestrians and pets;
10. Loud motor
vehicle noises, including modified muffler systems or car stereos
11. Causing any open
fire, whether intentional or accidental;
12. Lewd or obscene
behavior outside your home or in the common areas;
13. Disturbing the peace by behaving in an unreasonably
loud or disruptive manner outside your home or anywhere in the mobilehome park
complex;
14. The uttering of
profanity outside the home or in common areas loud enough to be audible to
persons passing by.
I. Getting along with Neighbors: If neighbors, another Homeowner or their
guests cause a disturbance, Homeowner is required to make a
friendly and respectful contact and resolve the disturbance. Management is not
the cause of such disturbances and cannot compel people to become good
neighbors; Management has no obligation to intercede in a "neighbor vs.
neighbor" dispute, except as may be required by law.
Homeowner is responsible for Homeowner's own actions and actions of other Homeowners,
residents and guests of their Space. Therefore, Homeowner
shall indemnify and defend the Owners and all agents (Management agents,
entities and employees) (severally and collectively "Owner")
in respect to any claimed damage or injury inflicted by the Homeowner,
including Homeowner's family members, residents
and guests or other invitees. If Homeowner obtains injunctive relief against
another Homeowner (including, again, all family members,
residents and guests or other invitees), Owner shall not be required to also do
so because additional injunctive relief is cumulative to the
previous relief already obtained; or, if injunctive relief is issued against
you (including again all family members, etc.), Owner shall not be
required to seek injunctive relief to advance the cause of a wrongdoer; and, in
the event two Homeowners seek legal relief against each
other resulting in reciprocal injunction, Owner is not required to seek legal
relief because relief is already obtained constraining each
side against further harm or injury and both sides are at fault. Any conduct
for which a restraining order is issued may be deemed a
substantial annoyance to other residents where residents provide admissible
evidence of facts sufficient to succeed at trial.
11. VEHICLES:
A. No repair work of
any kind on any vehicle, boat or trailer may be done in the Park. Washing of
vehicles may only be done in the carports as
long as a nozzle is used to allow the water to be shut off and the amount of
water that is allowed to run off onto the park streets is minimized. If provided in the future, a designated car wash
area may also be used.
B. Vehicles must be
operated in a safe manner. Pedestrians, electric carts and bicycles shall be
granted the right of way. No motorized vehicle may be
operated within the Park by any person who is not licensed. All vehicles
operated in the Park must be properly licensed and registered.
Homeowners and guests must obey all posted traffic control signs and street
markings.
C. No vehicle is
permitted in the Park unless it is regularly maintained in normal operating
condition and is neat and clean in appearance. This
includes, but is not limited to, vehicles on which the exterior has
deteriorated to a point where they are unsightly and detract
from the appearance of the Park or vehicles, which contain unsightly loads that
are visible to other persons. Excessively noisy vehicles are not
permitted in the Park. Vehicles dripping gasoline, oil, or other fluids or
substances must be kept out of the Park until repaired in order to
prevent damage to the pavement. Homeowner must remove oil and other drippings
and Homeowner is responsible for the repair of damage to the
pavement. A drip pan may be used if it is kept clean.
D. Bicycles must obey
the same traffic regulations as other vehicles. Mini bikes, dirt bikes and any
type of loud off road vehicles are not permitted within the
Park. Persons required by law to wear helmets are required to do so.
E. IMPORTANT NOTICE
RE TOWING VEHICLES FROM DRIVEWAY: No vehicle is permitted to be in the Park or
parked on a mobilehome driveway or designated
parking space if it is not maintained in good operating condition, neat and
clean in appearance, in compliance with all Vehicle
Code requirements, bears current registration, not containing unsightly loads
that are visible to other persons and not "stored" (defined as parked
for more than two weeks without being driven off the premises or
fails to be fully operational, and lawfully drivable on a public street). This
includes inoperable vehicles, other unsightly
vehicles, and any vehicle dripping oil, gasoline or other automotive fluid and
excessively noisy vehicles, vehicles that are not muffled as
required by law, and vehicles so modified as to have any exhaust note, which
sounds as though the vehicle has no muffler. Any car dripping oil
or gasoline must be kept out of the Park until repaired to prevent damage to
the pavement. A drip pan may be used if cleaned regularly.
Excessively noisy vehicles, or vehicles that produce excessive exhaust or smoke
which would disturb the average reasonable person are
not permitted in the Park. All vehicles must have legal muffling devices. Any
vehicle not meeting these standards may be removed from
the Park by Management, at Homeowner expense, in accordance with the Mobilehome
Residency Law.
12. PARKING:
A. Homeowners may park
as many vehicles as will fit on their driveway. Vehicles may only be
parked on the Homeowner's driveway and must not extend beyond the front of the
home or into the street and tires must be on the driveway surface only, not on
landscaped or other areas of the Space. No vehicles may be parked on vacant
spaces at any time except with the prior permission of park management. Homeowners
shall not park in spaces designated as guest parking spaces. Because of limited
parking facilities, traffic congestion, noise and the need to insure a safe and
pleasant environment for all residents Management reserves the right to
restrict the number of guests bringing automobiles or other vehicles into the
Park. No parking is permitted on Park streets, except for service vehicles. Note that guests may park in the Homeowner’s
carport and, in such a situation; the Homeowner may park in the guest parking
areas. The resident manager should be
notified when Homeowner is doing so.
B. Large vehicles
such as motor homes, buses, travel trailers, boats, boat trailers, semi tractor
trailers, vehicles over one ton and other similar recreational
vehicles may not be permanently parked on Homeowner's Space. Permanent parking
is defined as a period exceeding 24 hours or more than
five times in any one month. All such prohibited vehicles will be parked
outside of the Park or in an approved storage area. Service
vehicles of contractors or other persons performing services for Homeowner
during the time the service is being performed will be
permitted to Park on the street.
13. FOR SALE SIGNS AND COMMERCIAL ACTIVITIES:
A. The Mobilehome and
Space shall be used only for private residential purposes and no business or
commercial activity of any nature shall be conducted
thereon. This prohibition applies to any commercial or business activity,
except for home occupations approved and licensed by local
governmental ordinance or regulation including, but not limited to, the
following:
1.
Child care with legally required licensing and permitting is allowed per
requirements of state laws and regulations. Homeowners may babysit or care for
children of family members on an infrequent basis;
2. Any on site
activity requiring the issuance of a business license or permit by any
governmental agency; and
3. Any activity that
increases traffic within the Park requires the storage of material on the Space
results in deliveries within the Park or interferes
with other residents' quiet enjoyment of their homes and Spaces.
B. Except for the
sale of Homeowner's mobilehome, no auction, moving sale or garage sale will be
permitted in the Park if they involve advertising or other
announcements inviting members of the general public to come into the Park.
Homeowners may, however, advertise items for sale to
other Homeowners of the Park. The general public may not be invited into the
Park. The Park is for private use of Homeowners, their
families and invited guests only.
C. Except as
specifically permitted by the Park's residency documents, no "For
Sale" signs or other signs advertising anything for sale or advertising
any other commercial activity are permitted. Signs with Homeowner's name and
address are permitted. Any sign advertising the sale or exchange of Homeowner's mobilehome shall
be as limited by the Mobilehome Residency Law. Door
to door selling or solicitation is not
permitted. Political signs shall be limited to the minimum allowance under the Mobilehome
Residency Law.
14. SUBLETTING:
A. Homeowner shall not sublease, or otherwise rent
all or any portion of the Homeowner's Space. Homeowner has no
power or right to sublease. Subleasing includes "home sitting,"
"housesitting," "house watching,” “caretaking," subleasing
with an option to purchase, and purchase contracts unless
in such circumstances the purchaser is
bonafide and has been approved by Management and
is/will be the registered owner of the mobilehome. Subleasing also refers to
contractors who occupy the home site or mobilehome in the
absence of the Homeowner, for whatever the purpose.
B. Homeowner shall be permitted to rent or sublet
if a medical emergency or medical treatment requires the Homeowner to be absent from
his or her home and this is confirmed in writing by an attending physician. The
Homeowner may sublease only one mobilehome though the Homeowner may own or
control one or more mobilehomes or home sites in the Park. Management reserves
all rights allowed under the MRL as to subleasing
for medical hardships.
15. PETS:
A.
A house pet is defined as a pet that spends its primary existence within the
mobilehome. Written request and permission to ensure the house
pet complies with the Rules and Regulations is required; Homeowners are
forewarned not to acquire a pet unless and until
permission has been given in writing. In
addition, Homeowner must also sign a copy of the Pet Rules and Agreement prior
to bringing a pet into the park.
B. The type of pets
permitted are small dogs, cats, small birds, such as parakeets and canaries,
other unusual household pets must be approved by Park
Management. Dogs that will not exceed thirty pounds at maturity are allowed. Pit
Bulls, German Shepherds, Rottweilers, Chows and other aggressive breeds are not
allowed in the Park. No more than two dogs or cats will be
allowed per mobilehome. Wild, poisonous, illegal and dangerous animals not
permitted.
C. Each pet must be
licensed and inoculated in accordance with the local law.
D. Pets will not be
allowed in the recreational facility or any common area at any time. Pets are not
permitted to invade the privacy of other Homeowner's
spaces, flowerbeds, scrubs, etc.
E. Any pet off leash
in the Park will be impounded at the pet owner's expense and the Homeowner may
be notified to vacate his Space or give up his pet. Should a Homeowner
lose his pet he must obtain written permission from Park Management before
acquiring another one.
F. Pets must be kept
inside the mobilehome or in a secure fenced area of the mobilehome space. When
taken for exercise, pets must be walked with a leash. Pet owner
is responsible for immediately picking up and disposing of excrement left by a pet
on their space or any area in the Park.
G. Pets will not be
allowed to cause any disturbance, which might annoy neighbors. If a pet causes
any disturbance or harm, such as barking, growling,
biting, or any other unusual noises or damage, which will annoy or cause harm
to a neighbor or a neighbor's property, permission to keep
the pet will be revoked.
H. Guests may bring their pets into the Park as long as
it is not a prohibited breed and the guest signs a copy of the Pet Rules and
Agreement.
I. Tying pets outside
the mobilehome and leaving them unattended is prohibited. Leaving food out of
doors is prohibited and will be removed and discarded
where observed.
J. Outdoor housing of
pets is prohibited.
16. AMENDMENT OF RULES:
Owner may
unilaterally amend, add to or delete any rule at any time during the initial or
hold over term as provided in the Mobilehome Residency Law. No term, covenant,
condition, promise, or provision of the Rules and Regulations
and all other residency documents, memoranda, signs and postings are essential
to occupancy; none are the "heart" of the
occupancy except payment of rents and the right to occupy the Space; none are
an inducement for occupancy; and, all are subject
to change by Owner. Failure to comply with the Rules and Regulations, now and
in the future, will constitute good and sufficient cause for
eviction. Owner shall not be restricted in any way from imposing such
additions, deletions and modifications and it is agreed that the
judgment issued in the case of Rancho Santa Paula Mobilehome Park, Ltd. v.
Evans (1994) 26 Cal.App.4th 1139, 32 Cal.Rptr.2d
464, shall have no application to occupancy.
17. ZONING/USE PERMIT:
The nature of the
zoning or use permit under which the Park operates is Mobilehome Park. There is no conditional or other local
use or occupancy permit subject to expiration or renewal. The Park is not currently
subject to a Lease in which Management is a lessee.
18. PARAGRAPH HEADINGS:
The headings and
titles of the paragraphs within these Rules and Regulations are included solely
for the purpose of convenience, and shall not affect the
construction or interpretation of any of the provisions contained herein.
19. LOT LINES:
The lot lines at the
perimeter of the Space were for purposes of compliance with legal requirements for
construction and operation. The area leased by Homeowner
includes the footprint of the mobilehome
and accessory structures and required setbacks from the mobile home and accessory
structures; the area expected to be used and enjoyed may not be represented by
apparent physical boundaries or lot lines of the Space
as they exist at the inception of tenancy, as such lines may be changed, enlarged
or reduced as legal requirements, compliance or other
business necessities may require. The designated lot lines are as required by
law and do not represent a warranted area for use and
enjoyment, are subject to change and may be modified as allowed by law.
Homeowner agrees to approve and allow a change in lot line
locations if such modification does not exceed a change of up to thirty-six inches
in length or width to the Space. Any adjustment shall not
result in reduction, or offset of rents. In such cases, no claim shall lie
against management for lot line alterations or satisfaction of such
legal mandates or business necessities. Homeowner is responsible for Space
maintenance within the area defined by the lot line markers
and may use, occupy and enjoy such area subject to further modification and
alteration as provided. Homeowner shall maintain the lot line
markers as they currently exist and promptly notify management if the lot line
markers are lost, moved or destroyed. The foregoing defines
the enforceable expectations of use, occupation and enjoyment to which
homeowner is entitled.
20. WAIVER OF DEFAULT:
A. No waiver by Management of Management's right
to enforce any provision hereof after any default on the part of Homeowner,
shall be deemed a continuing waiver or a waiver of
Management's right to enforce each and all of the provisions hereof upon any
further or other default on the part of the Homeowner.
The acceptance of rent shall not be, or become construed to be, a waiver of any
breach of any term, covenant or condition of Homeowner's
Rental Agreement or affect any notice, demand or suit hereunder.
B. Acceptance of rent
shall not reinstate a terminated tenancy but is held for disposition by the
court. Acceptance of rent shall not create a tenancy with any
applicant or third party–only mutual execution of a rental agreement may create
a tenancy as per Civil Code §798.15. Acceptance of rent
shall constitute no waiver of rule violations or any rule, substantial
annoyance, or other grounds for the termination of tenancy specified
by law, or other rights. Acceptance of rent after service of a notice to
terminate tenancy shall not waive, affect or prejudice the notice. Nor shall routine service of
other notices, Management communications, or other actions or omissions of the Management
waive, prejudice, or affect the right to terminate tenancy, process a purchaser
application and approve a Homeowner for tenancy, or otherwise
affect the rights of Management.
C. Park may exercise any right under the terms of
the Rental Agreement or these Rules and Regulations as amended or modified or
any other right of the Management under
applicable law, and do so at any time subsequent to the date such right became
effective hereunder, and do so retroactively to the date the right
initially became effective or enforceable and demand performance from such
inception through to and including the date of the
demand and thereafter. Any intentional or inadvertent delay is not a waiver;
and shall not constitute an estoppel, or laches; and, shall
not render any such right unenforceable or be a defense against enforcement
from and after the time such right could first be exercised.
21. ZERO TOLERANCE POLICY RE
CONTROLLED SUBSTANCES:
A.
Drug Related Activity: “Drug related criminal activity” means the illegal
manufacture, sale, distribution, use or possession with intent to manufacture,
sell, distribute, or use of a controlled substance (as defined in Section 102
of the Controlled Substance Act (21 U.S.C. 802) and all comparable provisions
of state law as set forth in the California Penal Code and the Health and
Safety Code. Lessee, any member of the Lessee’s
household, or a guest or other person under the Lessee’s control or present by
reason of Lessee's(s') acquiescence, shall not engage in any act intended to
facilitate criminal activity, including drug related criminal activity, on or
near the Space or in any common areas.
Lessee(s) or members of the household will not permit the dwelling unit to be
used for or to facilitate criminal activity, including drug related criminal
activity, regardless of whether the individual engaging in such activity is a
member of the household or a guest. Lessee(s)
or members of the household will not engage in the manufacture, sale, or distribution
of illegal drugs at any location, whether on or near the Space or in any common
areas. Lessee(s), any member of the
household, or a guest or other person under the Lessee's(s') control or present by
reason of Lessee's(s') acquiescence shall not engage in acts of violence or
threats of violence, including, but not limited to, the unlawful discharge of
firearms, on or near the Space or in any common areas.
B. Marijuana: Mobilehome park living requires
special restrictions for the safety and enjoyment of residents who invest their
hard earned savings to qualify for the opportunity to
reside in this Park with its density. Under federal law, the possession or use
of marijuana is illegal. The possession, sale, distribution or
cultivation of controlled substances may raise the likelihood of dangerous,
violent, and injurious conditions. Moreover, Homeowners may not
impose their predilection for controlled substances upon the senses of others.
Again, under federal law, marijuana is illegal, and classified as a controlled
substance without medical value. Therefore, as provided by federal law, be advised
as follows:
(1) no use of
marijuana is permitted in the common areas of the Park;
(2) no cultivation
outside the walls of the mobilehome structure is permitted (including screened
or other patios, under awnings, in driveways);
(3) any use of
marijuana in the vicinity of a minor shall be reported to law enforcement for
prosecution of the crime of contributing to the delinquency of
a minor and other applicable law.
C. Any sale, gift, distribution or receipt
of a controlled substance including marijuana in the Park, shall result in
immediate termination of tenancy. Any possession or use of
marijuana without proper medical supervision and approval is not permitted at
any time in any location in the Park, including the
mobilehome, and may result in immediate termination of tenancy. Any complaints
of odors or second hand smoke emanating from within a mobilehome
due to a controlled or illegal substance may result in the termination of
tenancy, because it may impair the senses of others in
close and inescapable proximity to the Space resulting in dangers and risks
posed to health and safety including exacerbation of medical
frailties, equilibrium, unsafe operation of a motor vehicle or other machines
and appliances.
22. REMOVAL ON SALE:
Management may
require the removal of any mobilehome on sale or transfer of ownership
interest, or on assignment or transfer of tenancy (which
management must approve as per Civil Code §798.73) for any reason allowed by
law including Civil Code §798.73.
23. OWNER INFORMATION:
Owner hereby
discloses the name, telephone number, and usual street address at which
personal service may be affected of each person who is:
(A) Authorized to
manage the premises:
Dick
Rempel (707) 954-3156 2510 U.S. Highway 199, Space 12
Name telephone number usual street address
Jeff
Renner (530) 268-6879 11010 Combie Road, Suite 209, Auburn,
California 95602
Name telephone number usual street address
(B) Authorized to
receive service of process and for the purpose of receiving and receipting for
all notices and demands:
Jim
Murdock (805) 569-0048 100 N. Hope Ave., Suite 1, Santa Barbara,
California 93110
Name telephone number usual street address
(C) To whom rent
payments shall be delivered:
All
rent payments shall be submitted to: Madrone
Court
2510
US Highway 199
Crescent
City, CA 95531
(707)
954-3156
30. INCORPORATION BY REFERENCE:
Other
rules and regulations and documents are referred to below and incorporated in
our rental and lease agreements. Others are posted in
the Park or are on signs. These
other rules, regulations and other documents and signs (as they may be
periodically changed) are incorporated in these Rules and Regulations by
reference.
I / WE AGREE THAT WE HAVE READ, UNDERSTOOD AND VOLUNTARILY AGREED TO ALL OF
THE PROVISIONS OF THIS AGREEMENT WHICH CONSIST OF THIS AGREEMENT AND THE OTHER DOCUMENTS REFERRED TO IN IT.
Dated:
______________________, 20____
_______________________________________________________________________________
Homeowner(s) Signatures Printed
Names
_______________________________________________________________________________
Homeowner(s) Signatures Printed
Names
Approved: Dated:
__________________, 20______
__________________________________________
Authorized Agent of
the Owner
NOTE TO NEW
HOMEOWNERS AND ESCROW: THIS AGREEMENT WILL NOT BE EFFECTIVE UNLESS THE PURCHASE
OF THE MOBILEHOME IS COMPLETED; OTHERWISE THIS AGREEMENT IS
EXPRESSLY NULL AND VOID FOR ANY PURPOSE.
FHAA Fair Housing
Policy
EQUAL
HOUSING OPPORTUNITY:
WE DO
BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR RELIGION, SEX, SEXUAL ORIENTATION,
HANDICAP OR DISABILITY, FAMILIAL STATUS (Except in this housing facility and others
which are exempt as housing f o r “older
person's ”), SOURCE OF INCOME,
NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW DISCRIMINATORY
ACTIONS OF THE
MANAGEMENT, LESSEES, RESIDENTS, GUESTS OR OTHERS
MAY BE REPORTED TO OWNER’S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND
HOUSING. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINSTER, ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING
OR PROSPECTIVE HOMEOWNERS RESIDENTS, OR GUESTS BASED ON ANY PROTECTED
CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS
WHETHER RESIDING IN OR DOING BUSINESS IN THE PARK OR OTHERWISE IS PROHIBITED; ANY
UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY SUSPECTED
MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES FOR PROSECUTION .
Reasonable Accommodation Policy
Management has the
affirmative obligation to operate the Park in a nondiscriminatory manner as
provided by state and federal law. Management must, accordingly,
consider requests for reasonable accommodations from applicants and Homeowners
with disabilities. A disability is a physical or mental impairment
which substantially limits one or more major life activities, such as caring
for oneself, performing major tasks, walking, seeing, hearing, speaking,
breathing, learning and working; a record of such an impairment; or being
regarded as having such an impairment. There must be an identifiable relationship,
or nexus, between the requested accommodation and the individual's disability,
to show that a requested accommodation is necessary. There
must be a verifiable disability involved in order to qualify for a reasonable
accommodation. Management will consider requests for
reasonable accommodations as each need arises. A request for reasonable
accommodation can be made by the person with the disability, a family
member, or someone else acting on the individual's behalf. A request can be
made orally or in writing. If needed, Management would
provide assistance for the individual, to put this request in writing.
For example, a
reasonable accommodation may include:
1. A change in the rules or policies or how we
do things.
2. A change, structural modification or repair
in your mobilehome.
3. A change in the way we communicate with you
or give you information.
4. Altering a mobilehome or space so that it
can be used by a person who uses a wheelchair.
5. Permitting a service animal.
When
a request for reasonable accommodation has been received, Management will
respond in a timely manner. If a request for
an accessible feature(s), policy modification or
other reasonable accommodation to accommodate
a disability would result in a fundamental alteration
in the housing, compelling Management interests or an undue financial and
administrative burden, then other action would be investigated and
taken to accommodate the Homeowner. The determination of undue financial and
administrative burden will be made on a case by case, involving
various factors such as the cost of the reasonable accommodation, the financial
resources of the Management, the benefits the accommodation would
provide the requester, and the availability of alternative accommodations that
would adequately meet the requester's disability related needs. If
a requested accommodation is rejected because it is not reasonable, then Management
would engage in an interactive dialogue with the requester to
determine if there is an alternative accommodation that would adequately
address the requester's disability related needs. If an alternative accommodation
is reasonable and meets the individual's needs, then Management would grant
this accommodation. Requester must make a request before any
modification is made, before any expense is incurred for a modification and in
the case of an applicant for tenancy, before completing the purchase
of a mobilehome. Expenditures made prior to completing the process of
submitting a request and engaging in dialogue with Management
cannot be considered in determining what a reasonable accommodation is. Please
request an application for reasonable accommodation from
the Park office or to submit your own informal request.
THE PARK COOPERATES
WITH ALL LAW ENFORCEMENT AGENCIES IN THE IDENTIFICATION, APPREHENSION AND
PROSECUTION OF ALL PERSONS WHO USE, SELL,
POSSESS, TRANSPORT OR MANUFACTURE ANY CONTROLLED SUBSTANCES AND ILLEGAL
SUBSTANCES AND THINGS, AND ALL PERSONS WHO HARBOR SUCH
PERSONS OR ALLOW THEN INTO THEIR HOMES OR THIS PARK. PARK WILL FURTHER COOPERATE TO THE FULLEST EXTENT OF THE LAW, WITH ALL
EFFORTS TO PROSECUTE SUCH PERSONS AND SEEK THE FORFEITURE OF ALL INSTRUMENTALITIES
OF SUCH CRIMES. TENANCY WILL BE TERMINATED FOR SUCH CONDUCT AS A SUBSTANTIAL
ANNOYANCE TO OTHER RESIDENTS.
HOMEOWNER initials: _________________