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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 Homeowners 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 Homeowners 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 Homeowners 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 Homeowners mobilehome without Managements 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 HomeownersMobilehome. 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 Lessees 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 OWNERS 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: _________________

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