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California
Mobilehome Residency Law
LEY
de RESIDENCIA de las CASA MOVILES
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How
To Read
The California Mobilehome Residency Law
Written by John Sisker
(The
following is my personal opinion and is presented here for informational
purposes only. It is not intended to render any specific and/or
legal advice, nor to disparage, slander, and/or libel any person
and/or organization.)
Every
year, park owners are required by law to give every mobile/manufactured
home owner an updated copy of the California Mobilehome Residency
Law. But how many of us really know how to "read" and properly
interpret these laws?
Now,
this indeed may sound like a sarcastic question. Yet, based
on the vast misinterpretations, it really hits home. Reading
the "law" required a very careful understanding of not only
the "actual" wording, but also the intent behind it. For the
"intent" of the law is what usually is considered in court.
Pay close attention to such words as "shall" and "may". There
is a big difference. If someone "shall" do something, that's
a given. However, there is no enforcement issue behind the word
"may". And speaking of enforcement, even though these laws come
from the California State level of government, there are no
enforcement powers behind them at all. That is left to us individual
mobile/manufactured home owners though civil action suites.
Yet,
where we really get into trouble is not realizing the Mobilehome
Residency Law is just one set of laws that pertain to us mobile/manufactured
home owners in California alone. There are around 7-1/2 pages
of just indexes of where to find other laws that pertain to
mobile/manufactured home living. So, as you can visualize, it
is virtually a can of worms to the actual intend, for the Mobilehome
Residency Law is just one set, one place, to start. And no,
if you are thinking that somehow one set of laws takes precedence
over another. To make matters even more complicated, many of
these other laws even contradict with the Mobilehome Residency
Law.
Another
thing that gets us in more trouble, is reading things into these
laws that just are not there. Even though the simple paragraphs
we read in the Mobilehome Residency Law, for example, are usually
an outline for a more complex interpretation, reading things
into the wording that in reality does not exist, is simply misinterpretation
of the law. A good example is the wide spread belief that if
we "properly" notify our park owners of our intent to buy the
park, we then have the "first-right-of-refusal". But in reality,
we do not! The Residency Law does not say anything about "first-right-of-refusal".
We have simply read or interpreted that into the laws wording
because of either inexperience or wishful thinking. What the
law does say, if "properly" organized and informed, the park
owner must "notify" residents if the park is listed for sale.
There is big difference between "notify" and "first-right-of-refusal".
"Notify" is just that. He only has to tell us, not accept, or
even look at any offer from us residents. In fact, if a park
is not officially "listed" for sale, and few actually are, the
park owner does not even have to "notify" us at all.
So,
now do you see why it is so important to read and "understand"
what the law is ready saying? Your best bet, if it's that important,
leave this interpretation and obvious research only for the
true professionals -- the real attorneys well qualified in this
category.
Link
to the...
California
Mobilehome Residency Law
LEY
de RESIDENCIA de Las CASA MOVILES
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