§ 798.84. — 798.84. (Added by Stats. 1988, Ch. 1592, Sec. 1.)

California § 798.84.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 2.: DIVISION 2. PROPERTY
• Title: 2.
• Part 2.: TITLE 2. ESTATES IN REAL PROPERTY
• Ch. 2.5.: CHAPTER 2.5. Mobilehome Residency Law
• Art. 8.: ARTICLE 8. Actions, Proceedings, and Penalties

Text

(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 park by all of the homeowners in the park.
(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.

Legislative History

Added by Stats. 1988, Ch. 1592, Sec. 1.