California Civil Code. California
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Название: California Civil Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392109821
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(c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial annoyance to other occupants, tenants, or residents.
(d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the park, including, but not limited to, within the resident’s recreational vehicle.
However, the right of occupancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the recreational vehicle.
(e) Failure of the resident or a guest to comply with a rule or regulation of the park which is part of the rental agreement or any amendment thereto.
No act or omission of the resident or guest shall constitute a failure to comply with a rule or regulation unless the resident has been notified in writing of the violation and has failed to correct the violation within seven days of the issuance of the written notification.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.71. Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as otherwise provided in this article.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 6. Liens for Recreational Vehicles and Abandoned Possessions [799.75- 799.75.]
(Article 6 added by Stats. 1992, Ch. 310, Sec. 2.)
799.75. The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28, inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 7. Actions and Proceedings [799.78 — 799.79]
(Article 7 added by Stats. 1992, Ch. 310, Sec. 2.)
799.78. In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.79. In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
CHAPTER 2.7. Floating Home Residency Law [800 — 800.306]
(Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1.)
ARTICLE 1. General Provisions [800 — 800.9]
(Article 1 added by Stats. 1990, Ch. 1505, Sec. 1.)
800. This chapter shall be known and may be cited as the Floating Home Residency Law.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.2. “Management” means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.3. “Floating home” has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.4. “Floating home marina” means an area where five or more floating home berths are rented, or held out for rent, to accommodate floating homes, but does not include a marina where 10 percent or fewer of the berths are leased or held out to lease to floating homes nor a marina or harbor (a) which is managed by a nonprofit organization, the property, assets, and profits of which may not inure to any individual or group of individuals, but only to another nonprofit organization; (b) the rules and regulations of which are set by majority vote of the berthholders thereof; and (c) which contains berths for fewer than 25 floating homes.
(Amended by Stats. 1991, Ch. 942, Sec. 1.)
800.5. “Rental agreement” means an agreement between the management and the homeowner establishing the terms and conditions of a tenancy. A lease is a rental agreement.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.6. “Homeowner” means a person who owns or resides in a floating home which is in a floating home marina pursuant to a rental agreement with management.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.7. “Change of use” means a use of the floating home marina for a purpose other than the rental, or the holding out for rent, of five or more floating home berths, and does not mean the adoption, amendment, or repeal of a floating home marina rule or regulation. A change of use may affect an entire floating home marina or any portion thereof. “Change of use” includes, but is not limited to, a change of the floating home marina or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the floating home marina are to be sold.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.8. “Resident” means a homeowner or other person who lawfully occupies a floating home.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.9. “Tenancy” means the right of a homeowner to the use of a berth within a floating home marina on which to locate, maintain, and occupy a floating home, and accessory structures or vessels, including the use of the services and facilities of the floating home marina.
(Added СКАЧАТЬ