Overgrown Trees throughout Mobile Home Park

Civil Code Sec. 798.37.5 Trees and Driveways

1. With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 3 of the Health and Safety Code) in order to determine whether a violation of that act exists.
2. With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof.
3. Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section.
4. No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management.
5. This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001.
6. This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001.
7. Any mobilehome park rule or regulation shall be in compliance with this section. (Added by Stats. 2000, Chap. 423 (AB 862, Correa), eff. 1/1/2001)

Resident Who Filed HCD Complaints

The MHPHOA spoke with the resident in Tustin Village Mobile Home Park who filed the HCD Complaints. They stated there were five (5) different complaints filed that were direct violations of the MRL. The HCD Inspector closed four (4) of the complaints without ever addressing them – they were important enough for Sacramento to assign them to the Inspector but not important enough for him to address them.

The one (1) complaint taken care of was the overgrown trees throughout the park. This resident had a large hickory tree in their front yard. The resident stated that the crews brought in to trim the trees were not licensed and butchered all the trees in the park. The crew were asked for a license number and refused to provide one.

You are viewing: Who Is Responsible For Trees In A Mobile Home Park

In the process of trimming the tree, the crew damaged the resident’s lawn and bushes and left it like this for three (3) days over a weekend – with the 3 foot section of jagged branch sticking out of the bushes into the street.

Read more : Who Wears Bandanas

This resident ended up doing a voluntary foreclosure with the VA and walked away from their 2006 mobile home in November 2014. They stated that between the $1,400+ per month space rent, a $1,000+ mortgage payment, utilities, maintenance, etc., they were paying just under $3,000 per month to live in Tustin Village Mobile Home Park. This was a four (4) star 55+ park in 2005 when KSFG purchased the Leasehold rights and it is now a one (1) star family park in 2015.

As of December 2015, this mobile home is still for sale, it’s been on the market for almost two (2) years.

Source: https://t-tees.com
Category: WHO