reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.42.

800.42. A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.43.

800.43. A homeowner shall not be charged a fee for keeping a pet in the floating home marina unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.44.

800.44. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest shall not be required to register with the management.
(b) A homeowner who is living alone and who wishes to share his or her floating home with one person may do so, and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regulations of the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.45.

800.45. A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” includes the homeowner and his or her spouse, their parents, and their children.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.46.

800.46. A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.47.

800.47. Unless the homeowner specifically requests the service in writing from the management, a homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific berth where the floating home is located and not incurred as a portion of the development of the floating home marina as a whole. However, reasonable landscaping and maintenance requirements may be included in the floating home marina rules and regulations. The management shall not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company, or corporation.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.48.

800.48. Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.49.

800.49. (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the tenancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following initial occupancy.
(b) After the homeowner has promptly paid to the management within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the collection of the security deposit by the management, or upon resale of the floating home, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 12-consecutive-mon th period of prompt payment or the date of the resale of the floating home.
(c) In the event that the interest in the floating home marina is transferred to any other party or entity, the successor in interest shall have the same obligations of management contained in this section with respect to the security deposit.
(d) The management shall not be required to place any security deposit collected in an interest-bearing account or to provide a homeowner with any interest on the security deposit collected.
(e) This section applies to all security deposits collected on or after January 1, 1991.
(Amended by Stats. 1991, Ch. 942, Sec. 6.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 4 - Fees and Charges › Section 800.50.

800.50. The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a floating home located in the floating home marina unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 5 - Homeowner Meetings › Section 800.60.

800.60. The management shall permit meetings by homeowners or residents of a floating home in the marina, or any or all of them, relating to floating home living or social or educational purposes, including forums for or speeches of public officials or candidates for public office, to be held in any community facility if the meeting is held at reasonable hours and when the facility is not otherwise in use. The management’s private office is not to be considered a community facility unless so designated by the management.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 5 - Homeowner Meetings › Section 800.61.

800.61. The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of a group of homeowners who have signed a request to be so represented on the following matters:
(a) Amendments to floating home marina rules and regulations.
(b) Standards for maintenance or physical improvements in the floating home marina.
(c) Addition, alteration, or deletion of services, equipment or physical improvements.
(d) Rental agreements offered pursuant to Article 2 (commencing with Section 800.20).
Any collective meeting shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or more before the meeting.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 6 - Termination of Tenancy › Section 800.70.

800.70. (a) The Legislature finds and declares that, because of the high cost of moving floating homes, the potential for damage resulting therefrom, the requirements relating to the installation of floating homes, and current government policy limiting the availability of floating home berths, it is necessary that the owners of floating homes within floating home marinas be provided with the unique protection from actual or constructive eviction afforded by the provisions of this chapter.
(b) The management shall not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove the floating home from the floating home marina within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the floating home, if other than the homeowner, by United States mail within 10 days after notice to the homeowner, addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 6 - Termination of Tenancy › Section 800.72.

800.72. The management shall set forth in a notice of termination the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses, and circumstances concerning that reason. Neither reference to the section number or a subdivision thereof nor a recital of the language of this article constitutes compliance with this section.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 6 - Termination of Tenancy › Section 800.73.

800.73. No tenancy shall be terminated for the purpose of making a homeowner’s berth available for a person who purchases a floating home from the owner of the floating home marina or his or her agent.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 6 - Termination of Tenancy › Section 800.74.

800.74. A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 6 - Termination of Tenancy › Section 800.75.

800.75. The provisions of this article shall not affect any rights or proceedings 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 those sections.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.80.

800.80. A homeowner or his or her agent may advertise the sale or exchange of his or her floating home, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her floating home, by displaying a sign in the window of the floating home, or by a sign posted on the side of the floating home facing the dock or water or both, stating that the floating home is for sale or exchange or, if not prohibited, for rent by the owner of the floating home or his or her agent. The sign shall state the name, address, and telephone number of the owner of the floating home or his or her agent and may be at least 24 inches in width and 18 inches in height.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.82.

800.82. (a) The management shall not show or list for sale a floating home without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.
(b) The management shall prohibit neither the listing nor the sale of a floating home within the floating home marina by the homeowner, or an agent of the homeowner to authorize the management to act as the agent in the sale of a floating home as a condition of management’s approval of buyer or prospective homeowner for residency in the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.83.

800.83. (a) The management shall not charge a homeowner, or his or her agent a transfer or selling fee as a condition of a sale of his or her floating home within a floating home marina unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested in writing, by the homeowner or his or her agent.
(b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a floating home, a fee as a condition of approval for residency in a floating home marina unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdivision (b) of Section 800.85, for an interview of a prospective homeowner.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.84.

800.84. The management shall not require the removal of a floating home from the floating home marina in the event of its sale to a third party during the term of the homeowner’s rental agreement.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.85.

800.85. (a) The management may require the right of prior approval of a purchaser of a floating home that will remain in the floating home marina and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the floating home marina unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the floating home marina. In determining whether the purchaser has the financial ability to pay the rent and charges of the floating home marina, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the floating home marina. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. If the ownership or management rejects a purchaser as a prospective homeowner, the ownership or management shall inform the selling homeowner in writing of its reasons for the rejection. If the approval of a purchaser is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom.
(b) If the management collects a fee or charge from a prospective purchaser of a floating home in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that floating home purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the floating home, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.86.

800.86. (a) An escrow, sale, or transfer agreement involving a floating home located in the floating home marina at the time of sale, where the floating home is to remain in the floating home marina, shall contain a provision signed by the purchaser stating that by his or her signature he or she has agreed to the terms of a rental agreement. A copy of a fully executed rental agreement signed by both the purchaser and floating home marina management will satisfy the requirements of this section.
(b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy.
(c) In the event that an occupant of a floating home has no rights of tenancy and is not otherwise entitled to occupy the floating home pursuant to this chapter, the occupant shall be considered an unlawful occupant if, after a demand is made for the surrender of the floating home marina berth, for a period of five days, the occupant has refused to surrender the berth to the floating home marina management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure.
(d) The occupant of the floating home shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions exist:
(1) The occupant is the registered owner of the floating home.
(2) The management has determined that the occupant has the financial ability to pay the rent and charges of the floating home marina, will comply with the rules and regulations of the floating home marina, based on the occupant’s prior tenancies, and will comply with this article.
(3) The management failed or refused to offer the occupant a rental agreement.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.87.

800.87. No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this article. Any waiver thereof shall be deemed contrary to public policy and shall be void and unenforceable.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.88.

800.88. An heir or joint tenant who gains ownership of a floating home in the floating home marina through the death of the owner of the floating home who is a homeowner shall have the right to sell the floating home to a third party in accordance with this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the floating home and its premises which have arisen after the transfer of ownership to the heir or joint tenant have been satisfied up until the date the floating home is resold.
(Amended by Stats. 1991, Ch. 942, Sec. 7.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.89.

800.89. Any legal owner or junior lienholder who forecloses on his or her security interest in a floating home located in a floating home marina shall have the right to sell the floating home within the floating home marina to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of a floating home and it’s premises are satisfied by the foreclosing creditor through the date the floating home is resold.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.90.

800.90. The management (1) shall not prohibit the listing or sale of a used floating home within the floating home marina by the homeowner, or an agent of the homeowner other than the management, (2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a floating home as a condition of approval of the buyer or prospective homeowner for residency in the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 7 - Transfer of a Floating Home › Section 800.91.

800.91. (a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.
(b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the floating home marina by all of the homeowners in the floating home marina.
(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.
(f) This section does not apply to actions for personal injury or wrongful death.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 9 - Actions, Proceedings, and Penalties › Section 800.200.

800.200. 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.
In the event a homeowner or former homeowner of a floating home marina is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this chapter, the homeowner, 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 those provisions by the management.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 9 - Actions, Proceedings, and Penalties › Section 800.201.

800.201. (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
(b) The substantial violation of a floating home marina rule shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.300.

800.300. As used in this article:
(a) “Ownership or management” means the ownership or management of a cooperative or condominium for floating homes.
(b) “Resident” means a person who maintains a residence in a cooperative or condominium for floating homes.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.301.

800.301. A resident may advertise the sale or exchange of his or her floating home or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her floating home by displaying a sign in the window of his or her floating home stating that the floating home is for sale or exchange or, if not prohibited, for rent by the owner of the floating home or his or her agent. The sign shall state the name, address, and telephone number of the owner of the floating home or his or her agent, and shall be 24 inches in width and 18 inches in length.
(Amended by Stats. 1991, Ch. 942, Sec. 9.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.302.

800.302. The ownership or management shall not show or list for sale a floating home owned by a resident without first obtaining the resident’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.
(Amended by Stats. 1991, Ch. 942, Sec. 10.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.303.

800.303. The ownership or management shall not require the removal of a floating home from a cooperative or condominium in the event of its sale to a third party.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.304.

800.304. The ownership or management may require the right to prior approval of the purchaser of a floating home that will remain in the cooperative or condominium for floating homes and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the cooperative or condominium unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the cooperative or condominium.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.305.

800.305. No agreement shall contain any provision by which the purchaser waives his or her rights under this article. Any waiver thereof shall be deemed contrary to public policy and void and unenforceable.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.7 - Floating Home Residency Law › ARTICLE 10 - Cooperatives and Condominiums › Section 800.306.

800.306. This chapter applies only to the relationship between the management and the homeowners and residents of floating home marinas. Nothing in this chapter affects residential use of tide and submerged lands, including the public trust doctrine or any legislative grant of tide and submerged lands to a public entity, or the administration of these lands by the State Lands Commission or a legislative grantee. In addition, this chapter does not supplant, lessen, modify, or otherwise affect past or future regulation of floating homes or floating home marinas by the San Francisco Bay Conservation and Development Commission pursuant to the McAteer-Petris Act.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 801.

801. The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements:
1. The right of pasture;
2. The right of fishing;
3. The right of taking game;
4. The right-of-way;
5. The right of taking water, wood, minerals, and other things;
6. The right of transacting business upon land;
7. The right of conducting lawful sports upon land;
8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land;
9. The right of receiving water from or discharging the same upon land;
10. The right of flooding land;
11. The right of having water flow without diminution or disturbance of any kind;
12. The right of using a wall as a party wall;
13. The right of receiving more than natural support from adjacent land or things affixed thereto;
14. The right of having the whole of a division fence maintained by a coterminous owner;
15. The right of having public conveyances stopped, or of stopping the same on land;
16. The right of a seat in church;
17. The right of burial;
18. The right of receiving sunlight upon or over land as specified in Section 801.5.
(Amended by Stats. 1978, Ch. 1154.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 801.5.

801.5. (a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred to as a solar easement. “Solar easement” means the right of receiving sunlight across real property of another for any solar energy system.
As used in this section, “solar energy system” means either of the following that is designed to serve one utility retail customer on the same property, more than one utility retail customer on the same property, one utility retail customer on the same, adjacent, or contiguous properties, or more than one utility retail customer on the same, adjacent or contiguous properties, and is not designed for procurement of electricity by an electric utility:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(2) A structural design feature, including the following:
(A) Solar racking, solar mounting, and elevated solar support structures, including, but not limited to, solar carports, solar shade structures, solar awnings, solar canopies, and solar patio covers, regardless of whether the feature is on the ground or on a building. Elevated solar support structures include the aboveground superstructure and associated foundation elements that support the solar collectors or other solar energy devices described in paragraph (1).
(B) Any design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(C) Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles.
(b) Any instrument creating a solar easement shall include, at a minimum, all of the following:
(1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions.
(2) The restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the passage of sunlight through the easement.
(3) The terms or conditions, if any, under which the easement may be revised or terminated.
(c) As used in this section, “electric utility” means an electrical corporation as defined in Section 218 of the Public Utilities Code or a local publicly owned electric utility as defined in Section 224.3 of the Public Utilities Code.
(Amended by Stats. 2021, Ch. 235, Sec. 2. (AB 1124) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 801.7.

801.7. (a) When a right-of-way is granted pursuant to Section 801 or 802 to a railroad corporation whose primary business is the transportation of passengers, the grant shall include, but not be limited to, a right-of-way for the location, construction, and maintenance of the railroad corporation’s necessary works and for every necessary adjunct thereto.
(b) A “railroad corporation” shall have the same definition as provided in Section 230 of the Public Utilities Code.
(Added by Stats. 1982, Ch. 1553, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section [802.].

[802.]
Section Eight Hundred and Two. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:
One—The right to pasture, and of fishing and taking game.
Two—The right of a seat in church.
Third—The right of burial.
Four—The right of taking rents and tolls.
Five—The right of way.
Six—The right of taking water, wood, minerals, or other things.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 803.

803. The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 806.

806. The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 807.

807. In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 808.

808. The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 809.

809. The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 810.

810. The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude exists thereon in favor of the public.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 811.

811. A servitude is extinguished:
1. By the vesting of the right to the servitude and the right to the servient tenement in the same person;
2. By the destruction of the servient tenement;
3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or,
4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 3 - Servitudes › Section 813.

813. The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a description of said land and a notice reading substantially as follows: “The right of the public or any person to make any use whatsoever of the above described land or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code.”
The recorded notice is conclusive evidence that subsequent use of the land during the time such notice is in effect by the public or any user for any purpose (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is permissive and with consent in any judicial proceeding involving the issue as to whether all or any portion of such land has been dedicated to public use or whether any user has a prescriptive right in such land or any portion thereof. The notice may be revoked by the holder of record title by recording a notice of revocation in the office of the recorder wherein the notice is recorded. After recording a notice pursuant to this section, and prior to any revocation thereof, the owner shall not prevent any public use appropriate thereto by physical obstruction, notice or otherwise.
In the event of use by other than the general public, any such notices, to be effective, shall also be served by registered mail on the user.
The recording of a notice pursuant to this section shall not be deemed to affect rights vested at the time of recording.
The permission for public use of real property provided for in such a recorded notice may be conditioned upon reasonable restrictions on the time, place, and manner of such public use, and no use in violation of such restrictions shall be considered public use for purposes of a finding of implied dedication.
(Amended by Stats. 1971, Ch. 941.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.

815. The Legislature finds and declares that the preservation of land in its natural, scenic, agricultural, historical, forested, or open-space condition is among the most important environmental assets of California. The Legislature further finds and declares it to be the public policy and in the public interest of this state to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations.
(Added by Stats. 1979, Ch. 179.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.1.

815.1. For the purposes of this chapter, “conservation easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition, which is or has been executed by or on behalf of the owner of the land subject to such easement and is binding upon successive owners of such land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition.
(Added by Stats. 1979, Ch. 179.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.2.

815.2. (a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section 815.1 by any lawful method for the transfer of interests in real property in this state.
(b) A conservation easement shall be perpetual in duration.
(c) A conservation easement shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding the fact that it may be negative in character.
(d) The particular characteristics of a conservation easement shall be those granted or specified in the instrument creating or transferring the easement.
(Added by Stats. 1979, Ch. 179.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.3.

815.3. Only the following entities or organizations may acquire and hold conservation easements:
(a)  A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to do business in this state which has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.
(b) The state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the conservation easement is voluntarily conveyed. No local governmental entity may condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this chapter.
(c) A federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed.
(Amended by Stats. 2004, Ch. 905, Sec. 2. Effective January 1, 2005.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.4.

815.4. All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the land not affected by the easement nor prohibited by the easement or by law.
(Added by Stats. 1979, Ch. 179.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 4 - Conservation Easements › Section 815.5.

815.5. Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and such instruments shall be subject in all respects to the recording laws.
(Added by Stats. 1979, Ch. 179.)