Friday, March 15, 2013

Hi, I know it has been awhile. I have have been caring for my elder step mother until her passing this last May, 2012. Since then it has been the clean up and distribution of all of her personal effects. It was a painful 6 years with the last one being the most difficult. She had diabetes along with dementia and then developed pancreatic cancer. With the worst of it behind me I can now refocus on my clients and business. Today I have two issues I wish to discuss. 1) First item is for anyone that has sent contact information to me via this site. It seems that this function has not forwarded all of the information provided so there was no response from me. For this I apologize and ask that any future contact be done directly through my email Cheryl@CalSunProp.com. Let me know how I an assist you and I will get back to you with an answer as soon as possible. 2) Second item is Mobile Home Residency Laws (MHRL). Anyone living in a Mobile or Manufactured home in California should be provided a copy of the Mobile Home Residency Laws every year by the Park Ownership. This publication is a list of California Civil Codes and the homeowners rights when they rent the land their home sets on. The reason I bring this topic up at this time is because I just completed a three month process fighting a park ownership for an 82 year old widow who needed to sell her 1977 Mobile Home and was told by Management that due to the homes age the home could only be pulled out and replaced with a new one. Due to her limited funds the park kindly offered to pay her $8,000 to take the home for her. This is standard procedure within this park. This park is located in Orange County and is a 55+ park. It has replaced the bulk of older homes using this policy. What the resident or residents family didn't realize is that this is a violation of California Civil Code #798.73. This cc#798.73 states that age is not a factor for removal. This home recently had a new roof, all new copper plumbing, new dual pane windows and new a/c, and was not in disrepair. The MHRL state the home must be in a 'significantly run-down condition or disrepair, as determined by the general condition of the mobile home and its acceptability to the health and safety of the occupants and to the public exclusively of its age.' Most older residents and/or family members are not aware of this law. Upon further research it was brought to my attention that should a transaction such as offered by this management come to a completed sale back then the park ownership/management could be held liable for Elder Financial Abuse should the abused opt to prosecute. (This problem is not limited to 55+ parks only.) This is something that the resident must fight for as this type of management will present a reasonable case making it too good an offer to pass up or recapping that this was in your lease agreement when signed, etc. Should you have any questions you can view the Mobile Home Residency Laws on the California Department of Housing website. The result of this effort was successful for the 82 year old resident as escrow just closed last week. Please protect yourself, know your rights. Realize should the home be in an unsafe state of disrepair then this civil code will not apply. Be open to the homes condition. Should you have any questions please review the MHRL or contact myself or a Mobile Home Attorney.