Civil Code — Part 18 | CIV — United States — California law | Esheria

Civil Code

Part 18 of 20 · provisions 3,401–3,600

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 200 of 3,922

  1. 799.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    The ownership or management of certain mobilehome communities must not require removal of a mobilehome when it is sold to a third party.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.3. The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park in the event of its sale to a third party. (Amended by Stats. 1997, Ch. 72, Sec. 3. Effective January 1, 1998.)
  2. 799.30.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    “Recreational vehicle park” or “park” means the same thing as in Health and Safety Code Section 18862.39.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.30. “Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code. (Amended by Stats. 2004, Ch. 530, Sec. 1. Effective January 1, 2005.)
  3. 799.31.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A “resident” is a tenant who has occupied a lot in a park for at least nine months.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.31. “Resident” means a tenant who has occupied a lot in a park for nine months or more. (Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  4. 799.32.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This section defines “tenant” for recreational vehicle park occupancy law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.32. “Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  5. 799.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management may require prior approval for a mobilehome purchaser and notice of the sale before closing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.4. The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park 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 subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park 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 subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. (Amended by Stats. 1997, Ch. 72, Sec. 4. Effective January 1, 1998.)
  6. 799.40.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    Rights created by this chapter are cumulative and add to any other legal rights of park management, occupants, tenants, or residents.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.40. The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  7. 799.41.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This chapter does not apply to mobilehomes and manufactured homes defined in the referenced Health and Safety Code sections.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.41. Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  8. 799.42.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    Rental or occupant registration agreements cannot include a clause that waives the occupant’s or tenant’s rights under this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.42. No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  9. 799.43.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A park and an occupant must make their registration agreement in writing, and it must include specified occupancy and removal terms.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.43. The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant’s recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  10. 799.44.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    At registration, an occupant must be given a copy of the park’s rules and regulations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.44. At the time of registration, an occupant shall be given a copy of the rules and regulations of the park. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  11. 799.45.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    Park management may offer a rental agreement to an occupant who plans to stay more than 30 consecutive days.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.45. The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days. (Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  12. 799.46.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A sign must be displayed in plain view at the entry to a recreational vehicle park, or in the designated recreational-vehicle section of a mobilehome park, and it must include the local traffic law enforcement agency’s phone number.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.46. At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park. (Amended by Stats. 2004, Ch. 530, Sec. 2. Effective January 1, 2005.)
  13. 799.47.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A person may not require reregistration of an occupant, tenant, or resident in a qualified recreational vehicle park if the goal is to prevent resident status. Violations can lead to a $500 civil penalty, and the court must award reasonable attorney’s fees and costs to the prevailing party in an action under this section.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 2. General Provisions [799.40 - 799.47] ( Article 2 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.47. (a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident. (b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500). (c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident. (d) In an action brought pursuant to this section, the court shall award reasonable attorney’s fees and costs to the prevailing party. (e) For the purposes of this section: (1) “Qualified recreational vehicle park” means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach. (2) Notwithstanding Section 799.31 “resident” means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period. (Added by Stats. 2024, Ch. 351, Sec. 1. (AB 1472) Effective January 1, 2025.)
  14. 799.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management may require a mobilehome purchaser to follow age-based residency rules if the mobilehome will remain in the listed community and the rule complies with federal Fair Housing Act requirements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.5. The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. (Amended by Stats. 1997, Ch. 72, Sec. 5. Effective January 1, 1998.)
  15. 799.55.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. )

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    Management must give a 72-hour written notice before having a defaulting occupant’s recreational vehicle removed, and the occupant may fix the payment deficiency during that 72-hour period.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.55. Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72-hour period during normal business hours. (Amended by Stats. 2004, Ch. 530, Sec. 3. Effective January 1, 2005.)
  16. 799.56.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Management must send a copy of the notice to local police or the county sheriff, and in certain disability-related cases the default must be cured within 72 hours.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.56. (a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is occupying the recreational vehicle located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place where the property is located and, if available, any other address which the occupant has provided to management in the registration agreement. Delivery of the 72-hour notice to a defaulting occupant who is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section. (b) In the event that the defaulting occupant is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupant’s vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice. (c) The management shall also serve a copy of the notice to the city police if the park is located in a city, or, if the park is located in an unincorporated area, to the county sheriff. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  17. 799.57.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    The 72-hour notice must say that if the defaulting occupant does not move the recreational vehicle within 72 hours after getting the notice, management may have it removed to the nearest secured storage facility.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.57. The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  18. 799.58.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    After notice is served, the police or sheriff must wait 72 hours before removing any person from the recreational vehicle, and management may then move the vehicle to secured storage.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.58. Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant’s recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  19. 799.59.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    If management removes a defaulting occupant’s recreational vehicle, management and the remover must use reasonable and ordinary care and move it to the storage area.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 3. Defaulting Occupants [799.55 - 799.59] ( Article 3 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.59. When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise reasonable and ordinary care in removing the recreational vehicle to the storage area. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  20. 799.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

    Verify source ↗

    An agreement cannot include a term that makes the purchaser give up rights under this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.6. No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed contrary to public policy and void and unenforceable. (Amended by Stats. 1983, Ch. 519, Sec. 16.)
  21. 799.65.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Management may end a defaulting tenant’s tenancy for unpaid rent, utilities, or reasonable incidental service charges if the amount has been unpaid for five days after it was due and the tenant then gets a three-day written notice to pay or leave.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.65. The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid for a period of five days from its due date, and provided the tenant has been given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this section, the five-day period does not include the date the payment is due. The three-day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure. Any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the three-day notice period, the tenant shall remain liable for all payments due up until the time the tenancy is vacated. (Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  22. 799.66.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Management may terminate or refuse to renew a tenant’s occupancy right for reasons other than nonpayment, but must give written notice and at least 30 days’ notice of termination.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.66. The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. The notice need not state the cause for termination but shall provide not less than 30 days’ notice of termination of the tenancy. (Amended by Stats. 1994, Ch. 167, Sec. 1. Effective January 1, 1995.)
  23. 799.67.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Evictions under this article must follow the requirements in the referenced Code of Civil Procedure chapter, unless this article provides otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 4. Defaulting Tenants [799.65 - 799.67] ( Article 4 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.67. 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.)
  24. 799.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

    Verify source ↗

    The ownership or management must give affected homeowners and residents at least 72 hours’ written notice before a utility service interruption of more than two hours, posted on the mobilehomes, unless it is an emergency.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.7. The ownership or management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours’ written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, or replacement of facilities of utility systems over which the management has control within the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park, if the interruption is not due to an emergency. The ownership or management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. “Emergency,” for purposes of this section, means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the management’s regular or planned maintenance, repair, or replacement of utility facilities. (Amended by Stats. 1997, Ch. 72, Sec. 6. Effective January 1, 1998.)
  25. 799.70.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 5. Defaulting Residents [799.70 - 799.71] ( Article 5 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Management may end or refuse to renew a defaulting resident’s occupancy only after written notice, at least 60 days’ notice, and a stated reason.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 5. Defaulting Residents [799.70 - 799.71] ( Article 5 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.70. The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This notice shall provide not less than 60 days’ notice of termination of the right of occupancy and shall specify one of the following reasons for the termination of the right of occupancy: (a) Nonpayment of rent, utilities, or reasonable incidental service charges; provided, that the amount due has been unpaid for a period of five days from its due date, and provided that the resident shall be given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day notice shall be given to the resident in the manner prescribed by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time as the 60-day notice required for termination of the right of occupancy; provided, however, that any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the resident. In the event the resident does not pay prior to the expiration of the three-day notice period, the resident shall remain liable for all payments due up until the time the tenancy is vacated. (b) Failure of the resident to comply with a local ordinance or state law or regulation relating to the recreational vehicle park or recreational vehicles within a reasonable time after the resident or the management receives a notice of noncompliance from the appropriate governmental agency and the resident has been provided with a copy of that notice. (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.)
  26. 799.71.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 5. Defaulting Residents [799.70 - 799.71] ( Article 5 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    Evictions under this article must follow the Chapter 4 eviction requirements, unless this article provides otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 5. Defaulting Residents [799.70 - 799.71] ( Article 5 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 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.)
  27. 799.75.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 6. Liens for Recreational Vehicles and Abandoned Possessions [799.75- 799.75.] ( Article 6 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    The management has a lien on a recreational vehicle and its contents for proper charges owed by a defaulting occupant, tenant, or resident.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## 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.)
  28. 799.78.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 7. Actions and Proceedings [799.78 - 799.79] ( Article 7 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    In actions under this chapter, the prevailing party is entitled to reasonable attorney’s fees and costs.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## 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.)
  29. 799.79.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 7. Actions and Proceedings [799.78 - 799.79] ( Article 7 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A prevailing occupant, tenant, resident, or former occupant, tenant, or resident may receive up to $500 per willful violation by management, at the court’s discretion, in a civil action to enforce rights under this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 7. Actions and Proceedings [799.78 - 799.79] ( Article 7 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 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.)
  30. 799.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Management must give a written disclosure when someone applies to live in a qualifying manufactured-home or mobilehome space or lot.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.8. The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space or lot, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code. (Added by Stats. 1994, Ch. 983, Sec. 2. Effective January 1, 1995.)
  31. 799.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    A homeowner, and in some cases a senior homeowner, may share a mobilehome with a qualifying adult caregiver or close relative caregiver, and management cannot charge a fee for that person.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.9. (a) A homeowner may share his or her mobilehome with any person 18 years of age or older if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. (b) A senior homeowner who resides in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 799.5, may share his or her mobilehome with any person 18 years of age or older if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. Unless otherwise agreed upon, the management shall not be required to manage, supervise, or provide for this person’s care during his or her stay in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park. As used in this subdivision, “senior homeowner” means a homeowner or resident who is 55 years of age or older. (Amended by Stats. 2017, Ch. 767, Sec. 2. (SB 147) Effective January 1, 2018.)
  32. 80.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

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    This part may be cited as the California Fair Dealership Law.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 80. This part may be cited as the California Fair Dealership Law. (Added by Stats. 1980, Ch. 914, Sec. 1.)
  33. 800.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

    Verify source ↗

    This chapter is named the Floating Home Residency Law and may be cited by that name.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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.)
  34. 800.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    This section says the chapter’s definitions control how the chapter is read, unless the text or context requires otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.1. 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.)
  35. 800.100.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 8. Transfer of a Floating Home Marina [800.100- 800.100.] ( Article 8 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    An owner selling or listing a floating home marina must give written notice to the resident organization officers within the stated time window, unless specified conditions and transfer exceptions apply.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 8. Transfer of a Floating Home Marina [800.100- 800.100.] ( Article 8 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.100. (a) When the owner of a floating home marina enters into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 2 of Part 1 of Division 4 of the Business and Professions Code, for the sale of the marina or offers to sell the marina to any party, the owner shall provide written notice by first-class mail or by personal delivery to the president, secretary, and treasurer of the resident organization, not less than 30 days but no more than one year prior to entering into any written listing agreement for the sale of the marina, or making any offer to sell the marina to any party. An offer to sell a marina shall not be construed as an offer under this subdivision unless it is initiated by the marina owner or his or her agent. (b) An owner of a floating home marina is not required to comply with subdivision (a) unless the following conditions are met: (1) The resident organization has first furnished the marina owner or marina manager a written notice of the name and address of the president, secretary, and treasurer of the resident organization to whom the notice of sale shall be given. (2) The resident organization has first notified the marina owner or manager in writing that the marina residents are interested in purchasing the marina. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the marina by the marina owner, and the resident organization shall give subsequent notice once each year thereafter that the marina residents are interested in purchasing the marina. (3) The resident organization has furnished the marina owner or marina manager a written notice, within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given. (c) Nothing in this section affects the validity of title to real property transferred in violation of this section, although a violation shall subject the seller to civil action pursuant to Article 9 (commencing with Section 800.200) by homeowner residents of the marina or by the resident organization. (d) Nothing in this section affects the ability of a licensed real estate broker to collect a commission pursuant to an executed contract between the broker and the floating home marina owner. (e) This section does not apply to any of the following: (1) Any sale or other transfer by a marina owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. As used in this paragraph, “affiliate” means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a floating home marina or any deed given in lieu of such a foreclosure. (6) Any sale or transfer between or among joint tenants or tenants in common owning a floating home marina. (7) The purchase of a floating home marina by a governmental entity under its powers of eminent domain. (Amended by Stats. 2004, Ch. 183, Sec. 25. Effective January 1, 2005.)
  36. 800.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

    Verify source ↗

    “Management” means the owner of a floating home marina, or an authorized agent or representative acting for that owner on tenancy matters.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.2. “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.)
  37. 800.20.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must give floating homeowners copies of required notices when requested, unless another rule says otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.20. Unless otherwise provided, the management shall make available to floating homeowners, upon request, copies of all notices required by this article and Article 3 (commencing with Section 800.30). (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  38. 800.200.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 9. Actions, Proceedings, and Penalties [800.200 - 800.201] ( Article 9 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A prevailing party in an action under this chapter can recover reasonable attorney’s fees and costs; a homeowner or former homeowner may also receive up to $500 per willful violation in certain enforcement actions, if the court awards it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 9. Actions, Proceedings, and Penalties [800.200 - 800.201] ( Article 9 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  39. 800.201.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 9. Actions, Proceedings, and Penalties [800.200 - 800.201] ( Article 9 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Certain substantial failures by management, and substantial violations of a floating home marina rule, are treated as public nuisances.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 9. Actions, Proceedings, and Penalties [800.200 - 800.201] ( Article 9 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  40. 800.21.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A floating home rental agreement must be in writing and include specified tenancy and marina terms.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.21. The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following: (a) The term of the tenancy and the rent therefor. (b) The rules and regulations of the floating home marina. (c) A reference to this chapter and a statement that a copy of it is available from the marina upon request. (d) A provision specifying that it is the responsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition. (e) A description of the physical improvements to be provided the homeowner during his or her tenancy. (f) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services. (g) All other provisions governing the tenancy. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  41. 800.22.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A rental agreement may include other provisions allowed by law and does not have to repeat specific language from state or local laws outside this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.22. The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  42. 800.23.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Management must offer a homeowner a rental agreement on one of the listed terms, and prescribed-term agreements cannot have worse rent, utility, or service-charge terms in the first 12 months than month-to-month agreements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.23. (a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, (2) a lesser period as mutually agreed upon by both the homeowner and the management, (3) a longer period as mutually agreed upon by both the homeowner and the management, or (4) a longer period as necessary to secure financing from a conventional lending institution. (b) Rental agreements for a prescribed term shall not contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the agreement from the corresponding terms or conditions that would be offered to the homeowner or homeowners on a month-to-month basis. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  43. 800.24.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A floating home berth rental agreement cannot include a clause that makes the homeowner waive rights under this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.24. No rental agreement for a floating home berth shall contain a provision by which the homeowner waives his or her rights under any of the provisions of this chapter. Any waiver of these rights shall be deemed contrary to public policy and void. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  44. 800.25.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A tenancy condition requiring membership in a private club or organization for a floating home marina may not be denied on specified prohibited bases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.25. (a) Membership in any private club or organization that is a condition for tenancy in a floating home marina shall not be denied on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 4760 of this code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended by Stats. 2012, Ch. 181, Sec. 28. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  45. 800.26.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must notify all floating homeowners in writing by March 12, 1991 that a copy of the Floating Home Residency Law is available from management on request.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 2. Rental Agreement [800.20 - 800.26] ( Article 2 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.26. On or before March 12, 1991, the management shall notify all floating homeowners, in writing, that a copy of the Floating Home Residency Law is available to them, upon request, from the management. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  46. 800.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

    Verify source ↗

    “Floating home” has the meaning given in Health and Safety Code Section 18075.55(d).

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.3. “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.)
  47. 800.30.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Common area facilities must be open or available to residents at all reasonable hours, and their hours must be posted at the facility.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.30. Each common area facility shall be open or available to residents at all reasonable hours, and the hours of the common area facility shall be posted at the facility. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  48. 800.300.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    This section defines “ownership or management” and “resident” for this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  49. 800.301.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A resident may advertise a floating home for sale, exchange, or, if allowed by the management agreement, for rent by a window sign, and the sign must list the owner or agent’s contact details and meet the stated size.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  50. 800.302.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Ownership or management of a floating home may not show or list it for sale unless it first gets the resident’s written authorization.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  51. 800.303.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    The ownership or management of a cooperative or condominium must not require removal of a floating home when it is sold to a third party.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  52. 800.304.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    The ownership or management may require prior approval of a purchaser for a floating home sale, and the selling resident or agent must give notice before the sale closes.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  53. 800.305.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    An agreement may not include a term that makes the purchaser give up rights under this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  54. 800.306.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    This chapter applies only to relationships between marina management and floating home homeowners and residents.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 10. Cooperatives and Condominiums [800.300 - 800.306] ( Article 10 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  55. 800.31.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A floating home marina may amend its rules with a homeowner’s consent, or without consent if it gives at least six months’ written notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.31. A rule or regulation of the floating home marina may be amended at any time with the consent of a homeowner, or without his or her consent upon written notice to him or her of not less than six months. Written notice to a new homeowner, whose tenancy commences within the required period of notice, of a proposed amendment shall constitute compliance with this section where the written notice is given to him or her before the inception of his or her tenancy. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  56. 800.32.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Marina, cooperative, or condominium management generally may not enter a floating home without the resident’s prior written consent, but it may enter in an emergency, if the resident has abandoned the home, or for certain maintenance and hazard-related purposes.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.32. (a) Except as provided in subdivision (b), and notwithstanding any other provision of law to the contrary, the ownership or management of a floating home marina, cooperative, or condominium for floating homes shall have no right of entry to a floating home without the prior written consent of the resident. This consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry into the berth in which a floating home is situated for correction of what management determines to be a hazardous condition at any time, or for maintenance of utilities, docks, and common areas at any reasonable time, but not in a manner or at a time which would interfere with the resident’s quiet enjoyment. (b) The ownership or management of a floating home marina, cooperative, or condominium may enter a floating home without the prior written consent of the resident in case of an emergency or when the resident has abandoned the floating home. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  57. 800.33.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must give written notice to homeowners and prospective homeowners about marina permit and lease details, and provide advance notice of certain changes.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.33. (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the floating home marina operates, (2) if the floating home marina is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice, and (3) the duration of any lease of the floating home marina, or any portion thereof, in which the management is a lessee. (b) If a change occurs concerning the zoning or use permit under which the floating home marina operates, a change occurs to the lease under which the management is a lessee and that change could affect the homeowner, including the termination of the lease, litigation occurs regarding termination of the lease, or expiration of a use permit occurs, all homeowners shall be given written notice at least 30 days prior to the effective date of the change. Notification regarding the change of use of the floating home marina, or any portion thereof, shall be governed by subdivision (f) of Section 800.71. A prospective homeowner shall be notified prior to the inception of the tenancy. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  58. 800.34.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A floating home marina manager must give a homeowner the marina owner’s name and address in writing if asked.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.34. The management of a floating home marina shall disclose, in writing, the name and address of the floating home marina owner upon the request of a homeowner. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  59. 800.35.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A floating home marina’s management may enter a floating home only with prior written consent, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.35. (a) The management of a floating home marina may enter a floating home, which is owned by the marina, only upon the prior written consent of the renter, except: (1) In case of an emergency. (2) Upon reasonable notice and during regular business hours, to make necessary or agreed repairs. (3) When the homeowner has abandoned the premises. (4) Pursuant to court order. (b) The management of a floating home marina may enter a floating home, not owned by the marina, only upon prior written consent, except: (1) In case of an emergency. (2) When the homeowner has abandoned the premises. (3) Pursuant to a court order. (Added by Stats. 1991, Ch. 942, Sec. 2.)
  60. 800.36.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A marina may treat a floating home as abandoned only after giving the required notice and only if rent has been unpaid for at least 45 days and the marina reasonably believes abandonment; the homeowner can avoid abandonment by responding in writing before the notice’s termination date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.36. (a) A floating home not owned by a floating home marina shall be deemed abandoned by the homeowner, and the lease shall terminate, if the floating home marina gives written notice of its belief of abandonment as provided in this section and the homeowner fails to give the marina written notice, prior to the date of termination specified in the marina’s notice, stating that he or she does not intend to abandon the floating home and stating an address at which the homeowner may be served by certified mail in any action for unlawful detainer of the marina. (b) The marina may give a notice of belief of abandonment to the homeowner pursuant to this section only where the rent on the marina has been due and unpaid for at least 45 consecutive days and the marina management reasonably believes that the homeowner has abandoned the floating home. The date of termination of the lease shall be specified in the marina’s notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail. (c) The marina’s notice of belief of abandonment shall be personally delivered to the homeowner or sent by first-class mail, postage prepaid, to the homeowner at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by the homeowner, also to such other address, if any, known to the marina where the homeowner may reasonably be expected to receive the notice. (d) The notice of belief of abandonment shall be in substantially the following form: Notice of Belief of Abandonment To: _____ (Name of homeowner) _____ _____ (Address of homeowner) _____ This notice is given pursuant to Section 800.36 of the Civil Code concerning the floating home marina leased by you at ________ (state location of the property by address or other sufficient description). The rent on this marina has been due and unpaid for 45 consecutive days and the marina believes that you have abandoned the floating home. The floating home will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ____ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before that date the undersigned receives at the address indicated below a written notice from you stating both of the following: (1) Your intent not to abandon the floating home. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the floating home marina. You are required to pay the rent due and unpaid on this marina as required by the lease, and your failure to do so can lead to a court proceeding against you. Dated: ________________________________ _____ (Signature of marina manager / owner) _____ _____ (Type or print name of marina manager / owner) _____ _____ (Address to which the homeowner is to send notice) _____ (e) The floating home shall not be deemed to be abandoned pursuant to this section if the homeowner proves any of the following: (1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 45 consecutive days. (2) At the time the notice of belief of abandonment was given, it was not reasonable for the marina to believe that the homeowner had abandoned the floating home. The fact that the marina management knew that the homeowner left personal property on the floating home does not, of itself, justify a finding that the marina management did not reasonably believe that the homeowner had abandoned the floating home. (3) Prior to the date specified in the marina’s notice, the homeowner gave written notice to the lessor stating his or her intent not to abandon the floating home and stating an address at which he or she may be served by certified mail in any action for unlawful detainer of the marina. (4) During the period commencing 45 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the homeowner paid to the marina all or a portion of the rent due and unpaid. (f) Nothing in this section precludes the marina or the homeowner from otherwise proving that the floating home has been abandoned by the homeowner within the meaning of Section 1951.2. (g) Nothing in this section precludes the marina from serving a notice requiring the homeowner to pay rent or quit as provided in Section 800.71 at any time permitted by that section, or affects the time and manner of giving any other notice required or permitted by law. The giving of the notice provided by this section does not satisfy the requirements of Sections 1161 and 1162 of the Code of Civil Procedure. (Added by Stats. 1991, Ch. 942, Sec. 3.)
  61. 800.37.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A floating home owned by a floating home marina is treated as abandoned under Section 1951.3 procedures and requirements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 3. Rules and Regulations [800.30 - 800.37] ( Article 3 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.37. A floating home which is owned by a floating home marina shall be deemed abandoned according to the procedures and requirements of Section 1951.3. (Added by Stats. 1991, Ch. 942, Sec. 4.)
  62. 800.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    This section defines “floating home marina” as an area with five or more floating home berths rented or offered for rent to accommodate floating homes, but excludes certain nonprofit-managed marinas or harbors.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.4. “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 or harbor that satisfies all of the following: (a) The marina or harbor 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 the marina or harbor are set by majority vote of the berthholders thereof. (c) The marina or harbor contains berths for fewer than 25 floating homes. (Amended by Stats. 2022, Ch. 633, Sec. 1. (AB 252) Effective January 1, 2023.)
  63. 800.40.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must give a homeowner written notice before increasing rent, at least 30 days in advance, and explain the reason for the increase.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.40. The management shall give a homeowner written notice of any increase in his or her rent at least 30 days before the date of the increase, and the reason for the increase, including the basis for any calculation used in determining the amount of the increase. (Amended by Stats. 1991, Ch. 942, Sec. 5.)
  64. 800.40.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management is limited in how much it can raise rent for floating home berths, must give notice of increases, and cannot waive these rights.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.40.5. (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase. (2) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases. (b) (1) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the floating home berth, management may establish the initial rental rate not subject to subdivision (a). However, if the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established, except as otherwise provided in this section. (2) Notwithstanding paragraph (1), management shall not impose an increase in rent on a homeowner that purchases a floating home if the purchase qualifies as an in-place transfer, and the initial rental rate shall be set at the rental rate of the previous tenancy. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established. (c) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 800.40. (d) Subdivision (a) shall not apply to a tenancy for any of the following: (1) A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A floating home berth subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a). (e) (1) This section shall apply to all rent increases occurring on or after January 1, 2022. (2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between January 1, 2022, and January 1, 2023, both of the following shall apply: (A) The applicable rent on January 1, 2023, shall be the rent as of January 1, 2022, plus the maximum permissible increase under subdivision (a). (B) Management shall not be liable to a homeowner for any corresponding rent overpayment. (f) Any waiver of the rights under this section shall be void as contrary to public policy. (g) For the purposes of this section: (1) “Consumer Price Index for All Urban Consumers for All Items” means the CPI-U for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index. (2) (A) “Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph. (B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (3) “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth. (h) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (a), this section shall apply. (2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section. (i) This section shall only apply to floating home marinas in the following counties: (1) The County of Alameda. (2) The County of Contra Costa. (3) The County of Marin, until Section 800.40.6 becomes operative. (j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 498, Sec. 1. (AB 754) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  65. 800.40.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    This section limits rent increases for floating home berths in floating home marinas, requires notice of increases, and sets special rules for qualifying in-place transfers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.40.6. (a) For the purposes of this section, the following definitions apply: (1) “Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the Consumer Price Index for All Urban Consumers for All Items for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index. (2) (A) “Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B). (B) (i) For rent increases that take effect before August 1 of any calendar year, both of the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, both of the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (3) “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth. (b) (1) Except as provided by this subdivision, management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than the percent change in the cost of living. If the gross rental rate is increased, the increase shall be a minimum of 3 percent and a maximum of 7.5 percent. (2) If the annual percent change in the cost of living exceeds 5 percent, only one-half of the percent change in cost of living that is in excess of 5 percent may be used to increase the gross rental rate up to the maximum allowable increase of 7.5 percent. (3) (A) This subdivision shall apply to all rent increases occurring on or after July 1, 2025. (B) In the event that management has increased the rent by more than the amount permissible under this subdivision between July 1, 2025, and January 1, 2026, both of the following shall apply: (i) The applicable rent on January 1, 2026, shall be the rent as of July 1, 2025, plus the maximum permissible increase under this subdivision. (ii) Management shall not be liable to a homeowner for any corresponding rent overpayment. (4) Management shall provide notice of any increase in the rental rate, pursuant to this subdivision, to each homeowner in accordance with Section 800.40. (c) (1) In the event a qualifying in-place transfer of a floating home involves the sale of a floating home either subject to an existing lease with a 10-year or longer term or that was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale, management may establish a new initial rental rate for a prospective homeowner consistent with the following requirements: (A) Except as specified in subparagraph (B), the new initial rental rate shall not exceed the lesser of either of the following: (i) A 25-percent increase over the rental rate prior to the sale. (ii) Fifteen-hundredths of 1 percent of the sale price of the home. (B) If the formula described in subparagraph (A) results in a new initial rental rate that is less than a 3-percent increase over the rental rate immediately prior to the time of the home sale, the new initial rental rate shall not exceed the rental rate immediately prior to the time of the home sale plus the most recent percent change in the cost of living, which shall be a minimum increase of 3 percent and a maximum increase of 5 percent. (C) The final sale price of the home provided to the marina owner shall be certified and substantiated in writing by the buyer to be true under penalty of perjury, as defined in Section 2015.5 of the Code of Civil Procedure. (D) Lease terms offered after an in-place transfer shall be at least 10 years. (E) In the event a floating home sold pursuant to this subdivision is sold again within five years, the new total monthly initial rental rate shall not exceed the lesser of either of the following: (i) A 15-percent increase over the rent prior to the sale. (ii) Fifteen-hundredths of 1 percent of the sale price of the home. (2) Notwithstanding the limitations described in paragraph (1), this subdivision shall additionally apply to all in-place transfers occurring between July 1, 2025, and July 1, 2026, regardless of whether the floating home was subject to an existing lease with a 10-year or longer term or was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale. (d) The requirements of subdivisions (b) and (c) shall not apply to a tenancy for any of the following: (1) A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A floating home berth subject to any ordinance, rule, regulation, or initiative measure that allows annual increases in the rental rate up to an amount less than that provided in subdivision (b) or (c). (e) Any waiver of the rights under this section shall be void as contrary to public policy. (f) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (b) or (c), this section shall apply. (2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section. (g) This section shall apply only to floating home marinas in the County of Marin. (h) This section shall remain in effect only until January 1, 2038, and as of that date is repealed. (Added by Stats. 2025, Ch. 498, Sec. 2. (AB 754) Effective January 1, 2026. Repealed as of January 1, 2038, by its own provisions.)
  66. 800.42.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A homeowner cannot be charged for certain unlisted service fees unless the management gave written notice at least 60 days before the charge.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  67. 800.43.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A homeowner generally cannot be charged a pet fee at a floating home marina unless management provides special pet facilities or services.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  68. 800.44.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A homeowner cannot be charged a guest fee for short-stay guests, and such guests do not have to register with management.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  69. 800.45.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A homeowner cannot be charged a fee based on how many people are in the homeowner’s immediate family.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  70. 800.46.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    A homeowner cannot be charged a fee for enforcing floating home marina rules and regulations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  71. 800.47.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management generally cannot charge a homeowner fees for entry, installation, hookup, or landscaping as a tenancy condition, and cannot force landscaping purchases or rentals from specific sellers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  72. 800.48.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    If management provides both master meter and submeter utility service to a homeowner, it must separately show the period’s charges and meter readings, and it must post the current residential utility rate schedule in a conspicuous place.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  73. 800.49.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management can take a security deposit only at or before initial occupancy, cannot demand extra deposits later, and must refund the deposit within 30 days after the stated payment/resale conditions are met.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  74. 800.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    This section defines “rental agreement” as an agreement between management and the homeowner setting the terms and conditions of a tenancy, and says a lease counts as a rental agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.5. “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.)
  75. 800.50.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management may not take a lien or security interest in a floating home unless the homeowner and management agree, except for interests arising from court judgment enforcement. Billing and payment on the obligation must be kept separate from current rent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 4. Fees and Charges [800.40 - 800.50] ( Article 4 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  76. 800.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    “Homeowner” means a person who owns or lives in a floating home in a floating home marina under a rental agreement with management.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.6. “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.)
  77. 800.60.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 5. Homeowner Meetings [800.60 - 800.61] ( Article 5 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must allow certain homeowner or resident meetings in a community facility, if they are held at reasonable hours and the facility is not otherwise in use.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 5. Homeowner Meetings [800.60 - 800.61] ( Article 5 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  78. 800.61.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 5. Homeowner Meetings [800.60 - 800.61] ( Article 5 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must meet and consult with homeowners within 30 days after a written request.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 5. Homeowner Meetings [800.60 - 800.61] ( Article 5 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  79. 800.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    “Change of use” is defined for a floating home marina as using it for something other than renting or offering to rent five or more floating home berths, and it does not include adopting, amending, or repealing marina rules or regulations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.7. “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.)
  80. 800.70.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management of a floating home marina generally may not terminate or refuse to renew a tenancy unless this article allows it, and it must give the required written notices.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  81. 800.71.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management may terminate a floating home tenancy only for the listed reasons and must give required notices before termination in certain cases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 800.71. A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to floating homes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency. (b) Conduct by the homeowner or resident, upon the floating home marina premises, which constitutes a substantial annoyance to other homeowners or residents. (c) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the floating home marina as set forth in the rental agreement or any amendment thereto. The management may not impose unreasonable restrictions on the right of the homeowner to sublet his or her floating home. No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation. Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. (d) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; if the amount due has been unpaid for a period of at least five days from its due date, and provided, that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. (2) However, if a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period, no written three-day notice shall be required for a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. (3) Payment by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 800.70, shall cure a default under this subdivision with respect to that payment. (4) The homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (5) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period. (e) Condemnation of the floating home marina. (f) Change of use of the floating home marina or any portion thereof, provided: (1) The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the floating home marina. (2) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy. If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in this section and Section 800.72 shall be followed if the proposed change actually occurs. (5) The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  82. 800.72.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management must state the reason for ending a tenancy in the termination notice and include specific facts about it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  83. 800.73.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A tenancy may not be terminated to make a homeowner’s berth available for a buyer of a floating home from the marina owner or the owner’s agent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  84. 800.74.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A homeowner must give written notice to management at least 60 days before vacating the tenancy.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  85. 800.75.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    This article does not change certain rights or proceedings under Chapter 4 of the Code of Civil Procedure, unless those sections say otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 6. Termination of Tenancy [800.70 - 800.75] ( Article 6 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  86. 800.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

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    “Resident” means a homeowner or another person who lawfully occupies a floating home.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.8. “Resident” means a homeowner or other person who lawfully occupies a floating home. (Added by Stats. 1990, Ch. 1505, Sec. 1.)
  87. 800.80.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A homeowner or agent may advertise a floating home for sale or exchange, and may advertise it for rent if a management agreement does not prohibit that. Any sign used must show the owner’s or agent’s name, address, and telephone number.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  88. 800.82.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Management cannot show or list a floating home for sale without the owner’s written authorization, and it cannot block a homeowner or the homeowner’s agent from listing or selling the floating home on that basis.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  89. 800.83.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Management generally may not charge sale or residency approval fees for floating homes, and may not charge for interviews except a credit check fee allowed by another section.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  90. 800.84.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

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    Management may not require removal of a floating home from the marina when it is sold to a third party during the homeowner’s rental agreement term.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  91. 800.85.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    For floating home sales that will stay in the marina, management may require prior approval and sale notice, but cannot withhold approval if the buyer can pay rent and charges unless prior tenancies show likely noncompliance.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  92. 800.86.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A covered floating-home sale or transfer must include a purchaser-signed statement agreeing to the rental agreement, unless a fully executed rental agreement signed by the purchaser and marina management is provided instead.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  93. 800.87.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Rental or sale agreements for a floating home cannot include a waiver of the purchaser’s or homeowner’s rights under this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  94. 800.88.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    An heir or joint tenant who inherits a floating home may sell it to a third party, but only after the related rent, utilities, and reasonable maintenance obligations to management have been satisfied.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  95. 800.89.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A foreclosing legal owner or junior lienholder may sell a floating home in the marina to a third party if specified homeowner liabilities are satisfied through resale.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  96. 800.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. )

    Verify source ↗

    This section defines “tenancy” for a floating home homeowner’s right to use a berth in a floating home marina.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## 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. ) ## 800.9. “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 by Stats. 1990, Ch. 1505, Sec. 1.)
  97. 800.90.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    Management may not stop a homeowner or the homeowner’s non-management agent from listing or selling a used floating home in the marina, and may not make the homeowner appoint management as sales agent as a condition of residency approval.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  98. 800.91.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. )

    Verify source ↗

    A homeowner must give management at least 30 days’ written notice before starting certain claims, and the notice must state the claim, allegations, and requested remedies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.7. Floating Home Residency Law [800 - 800.306] ( Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## ARTICLE 7. Transfer of a Floating Home [800.80 - 800.91] ( Article 7 added by Stats. 1990, Ch. 1505, Sec. 1. ) ## 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.)
  99. 8000.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The definitions in this article apply to this part unless the provision or context requires otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8000. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  100. 8002.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Admitted surety insurer” is defined by reference to Section 995.120 of the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8002. “Admitted surety insurer” has the meaning provided in Section 995.120 of the Code of Civil Procedure. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  101. 8004.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    “Claimant” means a person with a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8004. “Claimant” means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond, or do any combination of the foregoing. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  102. 8006.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “construction lender.”

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8006. “Construction lender” means either of the following: (a) A mortgagee or beneficiary under a deed of trust lending funds with which the cost of all or part of a work of improvement is to be paid, or the assignee or successor in interest of the mortgagee or beneficiary. (b) An escrow holder or other person holding funds provided by an owner, lender, or another person as a fund for with which the cost of all or part of a work of improvement is to be paid. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  103. 8008.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Contract” means an agreement that provides for all or part of a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8008. “Contract” means an agreement that provides for all or part of a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  104. 801.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section says certain land burdens or servitudes may be attached to land and are called easements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  105. 801.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section defines “solar easement” and “solar energy system,” and requires any instrument creating a solar easement to include specific minimum details.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  106. 801.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If a right-of-way is granted under Section 801 or 802 to a passenger railroad corporation, the grant must also include rights for the railroad’s necessary works and related adjuncts.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  107. 8010.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “contract price” as the price agreed to in a direct contract for a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8010. “Contract price” means the price agreed to in a direct contract for a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  108. 8012.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Contractor” means a direct contractor, subcontractor, or both, but this definition does not apply to Sections 8018 and 8046.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8012. “Contractor” includes a direct contractor, subcontractor, or both. This section does not apply to Sections 8018 and 8046. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  109. 8014.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “design professional” as a person licensed or registered in one of four listed professions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8014. “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  110. 8016.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Direct contract” means a contract between an owner and a direct contractor for all or part of a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8016. “Direct contract” means a contract between an owner and a direct contractor that provides for all or part of a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  111. 8018.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “direct contractor” as a contractor with a direct contractual relationship with an owner.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8018. “Direct contractor” means a contractor that has a direct contractual relationship with an owner. A reference in another statute to a “prime contractor” in connection with the provisions in this part means a “direct contractor.” (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  112. 8020.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    For Title 3, “funds” includes warrant, check, money, or certain bonds used to pay a public works contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8020. For the purposes of Title 3 (commencing with Section 9000), “funds” means warrant, check, money, or bonds (if bonds are to be issued in payment of the public works contract). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  113. 8022.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “labor, service, equipment, or material” for a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8022. “Labor, service, equipment, or material” includes, but is not limited to, labor, skills, services, material, supplies, equipment, appliances, power, and surveying, provided for a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  114. 8024.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “laborer” and gives certain covered persons or entities standing to enforce the laborer’s rights or claims under this part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8024. (a) “Laborer” means a person who, acting as an employee, performs labor upon, or bestows skill or other necessary services on, a work of improvement. (b) “Laborer” includes a person or entity to which a portion of a laborer’s compensation for a work of improvement, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and implementing regulations, is paid by agreement with that laborer or the collective bargaining agent of that laborer. (c) A person or entity described in subdivision (b) that has standing under applicable law to maintain a direct legal action, in its own name or as an assignee, to collect any portion of compensation owed for a laborer for a work of improvement, shall have standing to enforce any rights or claims of the laborer under this part, to the extent of the compensation agreed to be paid to the person or entity for labor on that improvement. This subdivision is intended to give effect to the longstanding public policy of this state to protect the entire compensation of a laborer on a work of improvement, regardless of the form in which that compensation is to be paid. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  115. 8026.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “lien” for this part of the Civil Code.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8026. “Lien” means a lien under Title 2 (commencing with Section 8160) and includes a lien of a design professional under Section 8302, a lien for a work of improvement under Section 8400, and a lien for a site improvement under Section 8402. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  116. 8028.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “material supplier” as a person who provides material or supplies for use or consumption in a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8028. “Material supplier” means a person that provides material or supplies to be used or consumed in a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  117. 803.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section defines the dominant tenement as the land benefiting from an easement, and the servient tenement as the land burdened by it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  118. 8030.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Payment bond” is defined differently for Title 2 and Title 3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8030. (a) For the purposes of Title 2 (commencing with Section 8160), “payment bond” means a bond given under Section 8600. (b) For the purposes of Title 3 (commencing with Section 9000), “payment bond” means a bond required by Section 9550. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  119. 8032.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Person” is defined to include individuals and a range of entity types.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8032. “Person” means an individual, corporation, public entity, business trust, estate, trust, partnership, limited liability company, association, or other entity. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  120. 8034.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “preliminary notice” differently for Title 2 and Title 3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8034. (a) For the purposes of Title 2 (commencing with Section 8160), “preliminary notice” means the notice provided for in Chapter 2 (commencing with Section 8200) of Title 2. (b) For the purposes of Title 3 (commencing with Section 9000), “preliminary notice” means the notice provided for in Chapter 3 (commencing with Section 9300) of Title 3. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  121. 8036.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Public entity” is defined to include the state and listed public bodies in California.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8036. “Public entity” means the state, Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  122. 8038.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “public works contract” by referring to Section 1101 of the Public Contract Code.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8038. “Public works contract” has the meaning provided in Section 1101 of the Public Contract Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  123. 804.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A servitude may be created only by a person who has a vested estate in the servient tenement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 804. A servitude can be created only by one who has a vested estate in the servient tenement. (Enacted 1872.)
  124. 8040.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Site” means the real property where a work of improvement is situated or planned.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8040. “Site” means the real property on which a work of improvement is situated or planned. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  125. 8042.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “site improvement” as certain kinds of work done on real property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8042. “Site improvement” means any of the following work on real property: (a) Demolition or removal of improvements, trees, or other vegetation. (b) Drilling test holes. (c) Grading, filling, or otherwise improving the real property or a street, highway, or sidewalk in front of or adjoining the real property. (d) Construction or installation of sewers or other public utilities. (e) Construction of areas, vaults, cellars, or rooms under sidewalks. (f) Any other work or improvements in preparation of the site for a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  126. 8044.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “stop payment notice” and related terms for different titles in the Civil Code.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8044. (a) (1) For the purposes of Title 2 (commencing with Section 8160), “stop payment notice” means the notice given by a claimant under Chapter 5 (commencing with Section 8500) of Title 2. (2) A stop payment notice given under Title 2 (commencing with Section 8160) may be bonded or unbonded. A “bonded stop payment notice” is a notice given with a bond under Section 8532. An “unbonded stop payment notice” is a notice not given with a bond under Section 8532. (3) Except to the extent Title 2 (commencing with Section 8160) distinguishes between a bonded and an unbonded stop payment notice, a reference in that title to a stop payment notice includes both a bonded and an unbonded notice. (b) For the purposes of Title 3 (commencing with Section 9000), “stop payment notice” means the notice given by a claimant under Chapter 4 (commencing with Section 9350) of Title 3. (c) A reference in another statute to a “stop notice” in connection with the remedies provided in this part means a stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  127. 8046.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Subcontractor” means a contractor without a direct contractual relationship with an owner, and it also includes a contractor who contracts with a direct contractor or another subcontractor.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8046. “Subcontractor” means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual relationship with a direct contractor or with another subcontractor. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  128. 8048.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    “Work” means labor, service, equipment, or material provided to a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8048. “Work” means labor, service, equipment, or material provided to a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  129. 805.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The owner of the servient tenement cannot hold a servitude on that same property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 805. A servitude thereon cannot be held by the owner of the servient tenement. (Enacted 1872.)
  130. 8050.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “work of improvement” to include construction and related changes to certain structures, landscaping work, and grading or filling of real property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Definitions [8000 - 8050] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8050. (a) “Work of improvement” includes, but is not limited to: (1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition to, a building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or road. (2) Seeding, sodding, or planting of real property for landscaping purposes. (3) Filling, leveling, or grading of real property. (b) Except as otherwise provided in this part, “work of improvement” means the entire structure or scheme of improvement as a whole, and includes site improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  131. 8052.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says the part becomes operative on July 1, 2012, with transitional rules for earlier notices or actions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8052. (a) This part is operative on July 1, 2012. (b) Notwithstanding subdivision (a), the effectiveness of a notice given or other action taken on a work of improvement before July 1, 2012, is governed by the applicable law in effect before July 1, 2012, and not by this part. (c) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  132. 8054.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says Part 6 does not apply to certain transactions, including those governed by the Oil and Gas Lien Act, the Subdivision Map Act improvement security rules, and specified Public Contract Code transactions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8054. (a) This part does not apply to a transaction governed by the Oil and Gas Lien Act (Chapter 2.5 (commencing with Section 1203.50) of Title 4 of Part 3 of the Code of Civil Procedure). (b) This part does not apply to or change improvement security under the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code). (c) This part does not apply to a transaction governed by Sections 20457 to 20464, inclusive, of the Public Contract Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  133. 8056.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says that, unless this part says otherwise, Part 2 of the Code of Civil Procedure supplies the practice rules for proceedings under this part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8056. Except as otherwise provided in this part, Part 2 (commencing with Section 307) of the Code of Civil Procedure provides the rules of practice in proceedings under this part. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  134. 8058.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    For this part, “day” means a calendar day.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8058. For purposes of this part, “day” means a calendar day. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  135. 806.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The extent of a servitude is determined by the terms of the grant or by the nature of the use that created it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  136. 8060.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says how filings and recordings under this part are completed with the county recorder, and what the county recorder must do with the papers and fees.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8060. (a) If this part provides for filing a contract, plan, or other paper with the county recorder, the provision is satisfied by filing the paper in the office of the county recorder of the county in which the work of improvement or part of it is situated. (b) If this part provides for recording a notice, claim of lien, release of lien, payment bond, or other paper, the provision is satisfied by filing the paper for record in the office of the county recorder of the county in which the work of improvement or part of it is situated. (c) The county recorder shall number, index, and preserve a contract, plan, or other paper presented for filing under this part, and shall number, index, and transcribe into the official records, in the same manner as a conveyance of real property, a notice, claim of lien, payment bond, or other paper recorded under this part. (d) The county recorder shall charge and collect the fees provided in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for performing duties under this section. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  137. 8062.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner’s good-faith act done in compliance with this part cannot be used to stop a direct contractor from performing the contract or to free a surety from a performance or payment bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8062. No act of an owner in good faith and in compliance with a provision of this part shall be construed to prevent a direct contractor’s performance of the contract, or exonerate a surety on a performance or payment bond. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  138. 8064.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner may act for a co-owner to give notice or file/execute a document under this part, if the owner is acting on the co-owner’s behalf and names and addresses the co-owner in the notice or document.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8064. An owner may give a notice or execute or file a document under this part on behalf of a co-owner if the owner acts on the co-owner’s behalf and includes in the notice or document the name and address of the co-owner on whose behalf the owner acts. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  139. 8066.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An act allowed for a person under this part may also be done by or to that person’s agent if it is within the agent’s authority.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8000 - 8066] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Miscellaneous Provisions [8052 - 8066] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8066. An act that may be done by or to a person under this part may be done by or to the person’s agent to the extent the act is within the scope of the agent’s authority. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  140. 807.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If the dominant tenement is partitioned, the burden must be divided according to that partition, but it cannot be increased on the servient tenement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  141. 808.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The owner of a future estate in a dominant tenement may use attached easements to view waste, demand rent, or remove obstructions, even if a tenant occupies the tenement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  142. 809.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The owner or occupant of a dominant tenement may bring an action to enforce an easement attached to it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  143. 81.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the California Fair Dealership Law, including “person,” “dealership,” “grantor,” “community of interest,” “dealer,” and “grant.”

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 81. As used in this part: (a) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (b) “Dealership” means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise. (c) “Grantor” means a person who sells, leases, or otherwise transfers a dealership. (d) “Community of interest” means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services. (e) “Dealer” means a person who is a grantee of a dealership situated in this state. (f) “Grant” means a sale, lease, or transfer of any kind. (Amended by Stats. 1994, Ch. 1010, Sec. 29. Effective January 1, 1995.)
  144. 810.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The owner in fee of a servient tenement may bring an action to recover possession of the land, even if the land is subject to a public servitude.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  145. 8100.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Notice under this part must be in writing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8100. Notice under this part shall be in writing. Writing includes printing and typewriting. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  146. 8102.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A notice under this part must include specified information, if known, about the owner, contractor, lender, site, and the person giving the notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8102. (a) Notice under this part shall, in addition to any other information required by statute for that type of notice, include all of the following information to the extent known to the person giving the notice: (1) The name and address of the owner or reputed owner. (2) The name and address of the direct contractor. (3) The name and address of the construction lender, if any. (4) A description of the site sufficient for identification, including the street address of the site, if any. If a sufficient legal description of the site is given, the effectiveness of the notice is not affected by the fact that the street address is erroneous or is omitted. (5) The name, address, and relationship to the parties of the person giving the notice. (6) If the person giving the notice is a claimant: (A) A general statement of the work provided. (B) The name of the person to or for whom the work is provided. (C) A statement or estimate of the claimant’s demand, if any, after deducting all just credits and offsets. (b) Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  147. 8104.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor or subcontractor who employs a laborer and does not pay all compensation due must give specified notice by the date the compensation becomes delinquent.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8104. (a) A direct contractor or subcontractor on a work of improvement governed by this part that employs a laborer and fails to pay the full compensation due the laborer, including any employer payments described in Section 1773.1 of the Labor Code and implementing regulations, shall not later than the date the compensation became delinquent, give the laborer, the laborer’s bargaining representative, if any, the construction lender or reputed construction lender, if any, and the owner or reputed owner, notice that includes all of the following information, in addition to the information required by Section 8102: (1) The name and address of the laborer, and of any person or entity described in subdivision (b) of Section 8024 to which employer payments are due. (2) The total number of straight time and overtime hours worked by the laborer on each job. (3) The amount then past due and owing. (b) Failure to give the notice required by subdivision (a) constitutes grounds for disciplinary action under the Contractors’ State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  148. 8106.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Notice under this part must be given by personal delivery, by mail under Section 8110, or by leaving the notice and mailing a copy under Section 415.20, unless another statute provides otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8106. Except as otherwise provided by statute, notice under this part shall be given by any of the following means: (a) Personal delivery. (b) Mail in the manner provided in Section 8110. (c) Leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons and complaint in a civil action. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  149. 8108.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says notice must be sent to the person being notified at that person’s residence, place of business, or other listed addresses.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8108. Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person’s residence, the person’s place of business, or at any of the following addresses: (a) If the person to be notified is an owner other than a public entity, the owner’s address shown on the direct contract, the building permit, or a construction trust deed. (b) If the person to be notified is a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers, and other documents. (c) If the person to be notified is a construction lender, the construction lender’s address shown on the construction loan agreement or construction trust deed. (d) If the person to be notified is a direct contractor or a subcontractor, the contractor’s address shown on the building permit, on the contractor’s contract, or on the records of the Contractors’ State License Board. (e) If the person to be notified is a claimant, the claimant’s address shown on the claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors’ State License Board. (f) If the person to be notified is a surety on a bond, the surety’s address shown on the bond for service of notices, papers, and other documents, or on the records of the Department of Insurance. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  150. 811.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A servitude ends if the servitude and servient-tenement rights vest in the same person, if the servient tenement is destroyed, if an incompatible act is done with the owner’s assent, or if a servitude acquired by enjoyment is not used for the required period.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  151. 8110.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Unless this part says otherwise, notice by mail under this part must be sent by registered or certified mail, express mail, or overnight delivery by an express service carrier.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8110. Except as otherwise provided by this part, notice by mail under this part shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  152. 8114.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A notice required by this part must be displayed in a conspicuous location at the site.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8114. A notice required by this part to be posted shall be displayed in a conspicuous location at the site. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  153. 8116.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says when notice under this part is treated as complete and deemed given, depending on how it is delivered.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8116. Notice under this part is complete and deemed to have been given at the following times: (a) If given by personal delivery, when delivered. (b) If given by mail, when deposited in the mail or with an express service carrier in the manner provided in Section 1013 of the Code of Civil Procedure. (c) If given by leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons in a civil action, five days after mailing. (d) If given by posting, when displayed. (e) If given by recording, when recorded in the office of the county recorder. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  154. 8118.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    To prove notice was given, a declaration must state specific details about the notice, and if the notice was sent by mail, it must be accompanied by specified proof of mailing or delivery.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8118. (a) Proof that notice was given to a person in the manner required by this part shall be made by a proof of notice declaration that states all of the following: (1) The type or description of the notice given. (2) The date, place, and manner of notice, and facts showing that notice was given in the manner required by statute. (3) The name and address of the person to which notice was given, and, if appropriate, the title or capacity in which the person was given notice. (b) If the notice is given by mail, the declaration shall be accompanied by one of the following: (1) Documentation provided by the United States Postal Service showing that payment was made to mail the notice using registered or certified mail, or express mail. (2) Documentation provided by an express service carrier showing that payment was made to send the notice using an overnight delivery service. (3) A return receipt, delivery confirmation, signature confirmation, tracking record, or other proof of delivery or attempted delivery provided by the United States Postal Service, or a photocopy of the record of delivery and receipt maintained by the United States Postal Service, showing the date of delivery and to whom delivered, or in the event of nondelivery, by the returned envelope itself. (4) A tracking record or other documentation provided by an express service carrier showing delivery or attempted delivery of the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  155. 8119.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    For works of improvement on a common area in a common interest development, the association is treated as the agent for required notices and claims, and some notices or claims may be served on the association instead of the owner of the common area property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Notice [8100 - 8119] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association. (b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3. (Added by Stats. 2017, Ch. 44, Sec. 5. (AB 534) Effective January 1, 2018.)
  156. 8120.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This chapter applies to a work of improvement governed by this part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8120. The provisions of this chapter apply to a work of improvement governed by this part. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  157. 8122.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Owners, direct contractors, and subcontractors may not contract away another claimant’s rights under this part unless the claimant has executed and delivered a waiver and release under this article.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8122. An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  158. 8124.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant’s waiver and release does not release the owner, construction lender, or surety from a lien or claim unless the waiver is in the article’s form, is signed by the claimant, and—if conditional—there is evidence of payment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8124. A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied: (a) The waiver and release is in substantially the form provided in this article and is signed by the claimant. (b) If the release is a conditional release, there is evidence of payment to the claimant. Evidence of payment may be either of the following: (1) The claimant’s endorsement on a single or joint payee check that has been paid by the financial institution on which it was drawn. (2) Written acknowledgment of payment by the claimant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  159. 8126.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A statement waiving or impairing a lien or claim is void and unenforceable unless it fits this article’s waiver-and-release process or the claimant has been paid in full.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8126. An oral or written statement purporting to waive, release, impair or otherwise adversely affect a lien or claim is void and unenforceable and does not create an estoppel or impairment of the lien or claim unless either of the following conditions is satisfied: (a) The statement is pursuant to a waiver and release under this article. (b) The claimant has actually received payment in full for the claim. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  160. 8128.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may reduce or fully release a stop payment notice, but the reduction or release must be in writing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8128. (a) A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing and may be given in a form other than a waiver and release form provided in this article. (b) The writing shall identify whether it is a reduction of the amount of the stop payment notice, or a release of the notice in its entirety. If the writing is a reduction, it shall state the amount of the reduction, and the amount to remain withheld after the reduction. (c) A claimant’s reduction or release of a stop payment notice has the following effect: (1) The reduction or release releases the claimant’s right to enforce payment of the claim stated in the notice to the extent of the reduction or release. (2) The reduction or release releases the person given the notice from the obligation to withhold funds pursuant to the notice to the extent of the reduction or release. (3) The reduction or release does not preclude the claimant from giving a subsequent stop payment notice that is timely and proper. (4) The reduction or release does not release any right of the claimant other than the right to enforce payment of the claim stated in the stop payment notice to the extent of the reduction or release. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  161. 813.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A land title holder may record a notice about public use of the land, and may later revoke it by recording a revocation notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 3. Servitudes [801 - 813] ( Chapter 3 enacted 1872. ) ## 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.)
  162. 8130.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says the article does not change the enforceability of certain settlement agreements if they specifically reference the lien or claim.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8130. This article does not affect the enforceability of either an accord and satisfaction concerning a good faith dispute or an agreement made in settlement of an action pending in court if the accord and satisfaction or agreement and settlement make specific reference to the lien or claim. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  163. 8132.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant’s conditional waiver and release for a progress payment is only effective if payment is actually received, and it is invalid unless it is in substantially the required form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8132. If a claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form: CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Through Date: Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn: Maker of Check: Amount of Check: $ Check Payable to: Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: Amount(s) of unpaid progress payment(s): $ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant’s Signature: Claimant’s Title: Date of Signature: (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  164. 8134.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant’s waiver and release for a progress payment is invalid unless it uses the required form and the Notice to Claimant is printed at least as prominently as the rest of the form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8134. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the progress payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form: UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Through Date: Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $ Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant’s Signature: Claimant’s Title: Date of Signature: (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  165. 8136.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A waiver and release for final payment is only effective if payment is actually received; otherwise it is void and unenforceable unless it is in substantially the stated form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8136. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form: CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn: Maker of Check: Amount of Check: $ Check Payable to: Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Signature Claimant’s Signature: Claimant’s Title: Date of Signature: (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  166. 8138.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant’s waiver and release for final payment is unenforceable unless it follows the required form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Waiver and Release [8120 - 8138] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8138. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the final payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form: UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Name of Customer: Job Location: Owner: Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect the following: Disputed claims for extras in the amount of: $ Signature Claimant’s Signature: Claimant’s Title: Date of Signature: (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  167. 815.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    The Legislature states that conserving land in natural, scenic, agricultural, historical, forested, or open-space condition is an important environmental asset of California and that voluntary conservation easements to qualified nonprofit organizations should be encouraged.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  168. 815.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    This section defines “conservation easement” for this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  169. 815.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    A conservation easement granted under this chapter counts as an enforceable restriction for purposes of Revenue and Taxation Code Section 402.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 815.10. A conservation easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code. (Added by Stats. 1984, Ch. 777, Sec. 1.)
  170. 815.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    A conservation easement is a real-property interest, can be transferred, lasts forever, is not treated as personal property, and its specific characteristics are set by the creating or transfer instrument.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  171. 815.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    Certain nonprofits, government entities, and listed California Native American tribes may acquire and hold conservation easements, and local governments may not make land-use entitlements conditional on granting one.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  172. 815.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    Interests not transferred by the easement stay with the grantor, who keeps the right to use the land except where the easement or law limits that use.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  173. 815.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    Conservation easement instruments must be recorded with the county recorder in the county where the land is located, and they are subject to recording laws.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 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.)
  174. 815.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    This section lets conservation easements be enforced through injunctions and lets the holder recover money damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 815.7. (a) No conservation easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land. (b) Actual or threatened injury to or impairment of a conservation easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the easement. (c) In addition to the remedy of injunctive relief, the holder of a conservation easement shall be entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing such damages there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the easement. (d) The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees. (Added by Stats. 1979, Ch. 179.)
  175. 815.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    This section says the chapter does not limit or conflict with other laws that give a political subdivision power to hold land interests comparable to conservation easements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 815.9. Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to conservation easements, including, but not limited to, Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, Chapter 6.5 (commencing with Section 51050), Chapter 6.6 (commencing with Section 51070) and Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of, and Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 of, the Government Code, and Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 1979, Ch. 179.)
  176. 8150.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The Bond and Undertaking Law applies to bonds given under this part, unless this part says something different or conflicts with it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8150. The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this part, except to the extent this part prescribes a different rule or is inconsistent. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  177. 8152.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A surety is not released from bond liability by specified contract changes, payment changes, rescission attempts, bond terms limiting recovery, or fraud by someone other than the claimant.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8152. None of the following releases a surety from liability on a bond given under this part: (a) A change, alteration, or modification to a contract, plan, specification, or agreement for a work of improvement or for work provided for a work of improvement. (b) A change or modification to the terms of payment or an extension of the time for payment for a work of improvement. (c) A rescission or attempted rescission of a contract, agreement, or bond. (d) A condition precedent or subsequent in the bond purporting to limit the right of recovery of a claimant otherwise entitled to recover pursuant to a contract, agreement, or bond. (e) In the case of a bond given for the benefit of claimants, the fraud of a person other than the claimant seeking to recover on the bond. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  178. 8154.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says a bond is read against the surety and for the bond’s beneficiaries, the surety is not released from liability because of certain contract breaches, and recovery on the bond is limited to specified claimants who have not been paid in full.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000 - 8154] ( Title 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Bonds [8150 - 8154] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8154. (a) A bond given under this part shall be construed most strongly against the surety and in favor of all persons for whose benefit the bond is given. (b) A surety is not released from liability to those for whose benefit the bond has been given by reason of a breach of the direct contract or on the part of any obligee named in the bond. (c) Except as otherwise provided by statute, the sole conditions of recovery on the bond are that the claimant is a person described in Article 1 (commencing with Section 8400) of Chapter 4 of Title 2, or in Section 9100, and has not been paid the full amount of the claim. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  179. 816.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. )

    Verify source ↗

    This chapter must be interpreted liberally to carry out the policy and purpose of Section 815.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4. Conservation Easements [815 - 816] ( Chapter 4 added by Stats. 1979, Ch. 179. ) ## 816. The provisions of this chapter shall be liberally construed in order to effectuate the policy and purpose of Section 815. (Added by Stats. 1979, Ch. 179.)
  180. 816.50.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    The Legislature states that California should encourage the voluntary conveyance of greenway easements to qualified nonprofit organizations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.50. The Legislature finds and declares the following with regard to the development of greenways along urban waterways: (a) The restoration and preservation of land in its natural, scenic, forested, recreational, or open-space condition is among the most important environmental assets in California. (b) Greenways have the potential to improve the quality of life in, and connectivity between, communities, and provide important recreational, open-space, wildlife, flood management, greenhouse gas reduction, and urban waterfront revitalization opportunities. (c) It is the policy of the Legislature and in the best interest in the state to encourage the voluntary conveyance of greenway easements to qualified nonprofit organizations. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  181. 816.52.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    This section defines terms used in the Greenway Easements chapter, including “adjacent,” “greenway,” “greenway easement,” “local agency,” “urbanized area,” and “urban waterway.”

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.52. For purposes of this chapter, the following definitions apply: (a) (1) “Adjacent” means within 400 yards from the property boundary of an existing urban waterway. (2) This subdivision does not create a new authority to place or extend an easement on private property that is not part of a voluntary agreement. (b) “Greenway” means a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets the following requirements: (1) Includes landscaping that improves rivers and streams, provides flood protection benefits, and incorporates the significance and value of natural, historical, and cultural resources, as documented in the local agency’s applicable planning document, including, but not limited to, a master plan, a general plan, or a specific plan. (2) Is separated and protected from shared roadways, is adjacent to an urban waterway, and incorporates both ease of access to nearby communities and an array of amenities within an urbanized area and services for the users of the corridor and nearby communities. (3) Is located on public lands or private lands, or a combination of public and private lands, where public access to those lands for greenway purposes has been legally authorized by, or legally obtained from, the fee owner of the land and, if applicable, the operator of any facility or improvement located on the land, through leases, easements, or other agreements entered into by the fee owner and the operator of any affected facility or improvement on the land. (4) Reflects design standards regarding appropriate widths, clearances, setbacks from obstructions, and centerlines protecting directional travel, and other considerations, as appropriate, that are applicable for each affected local agency, as documented in the local agency’s applicable planning document, including, but not limited to, a master plan, general plan, or specific plan, and that are consistent with plans and facilities for controlling the floodwater of rivers and their tributaries, as applicable. (5) May incorporate appropriate lighting, public amenities within an urbanized area, art, and other features that are consistent with a local agency’s planning document, including, but not limited to, a general plan, master plan, or specific plan. (c) “Greenway easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition that is or has been executed by or on behalf of the owner of the land subject to the easement and is binding upon successive owners of that land, for either of the following purposes: (1) Developing greenways adjacent to urban waterways consistent with restoration efforts undertaken at those waterways at the time of the creation of the easement, if any. (2) Preserving greenways adjacent to urban waterways. (d) “Local agency” means a city, county, or city and county. (e) “Urbanized area” has the same meaning as set forth in Section 21071 of the Public Resources Code. (f) “Urban waterway” means a creek, stream, or river that crosses (1) developed residential, commercial, or industrial property or (2) open space where the land use is designated as residential, commercial, or industrial, as referenced in a local agency’s planning document, including, but not limited to, a general plan, master plan, or specific general plan. (Amended by Stats. 2016, Ch. 471, Sec. 1. (AB 2651) Effective September 22, 2016.)
  182. 816.54.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    A greenway easement is a real-property interest that can be created and transferred by lawful methods, lasts forever, and its specific features come from the creating or transferring instrument.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.54. (a) A greenway easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in subdivision (c) of Section 816.52 by any lawful method for the transfer of interests in real property in this state. (b) A greenway easement shall be perpetual in duration. (c) Notwithstanding the fact that it may be negative in character, a greenway easement is not personal in nature and shall constitute an interest in real property. (d) The particular characteristics of a greenway easement shall be those granted or specified in the instrument creating or transferring the easement. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  183. 816.56.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    Only certain entities may acquire and hold a greenway easement, and a local governmental entity may not make an entitlement for use conditional on the applicant granting one.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.56. Only the following entities or organizations may acquire and hold a greenway easement: (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 that 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, or the preservation or development of a greenway. (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 greenway easement is voluntarily conveyed. A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a greenway 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 greenway easement is voluntarily conveyed. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  184. 816.58.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    Interests not transferred by the greenway easement stay with the grantor, who also keeps the right to use the land in ways not affected by the easement or barred by the easement or law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.58. All interests not transferred and conveyed by the instrument creating the greenway easement shall remain in the grantor of the greenway easement, including the right to engage in all uses of the land not affected by the greenway easement nor prohibited by the greenway easement or by law. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  185. 816.60.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    Instruments creating, assigning, or transferring greenway easements must be recorded with the county recorder where the land is located.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.60. Instruments creating, assigning, or otherwise transferring greenway 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 those instruments shall be subject in all respects to the recording laws. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  186. 816.62.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    This section lets a greenway easement be enforced through injunctions and lets the easement holder recover damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.62. (a) No greenway easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land. (b) Actual or threatened injury to or impairment of a greenway easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by that easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the greenway easement. (c) In addition to the remedy of injunctive relief, the holder of a greenway easement shall be entitled to recover money damages for any injury to the greenway easement or to the interest being protected thereby or for the violation of the terms of the greenway easement. In assessing the damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the greenway easement. (d) The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  187. 816.64.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    This section says Chapter 4.5 does not limit other laws that give political subdivisions the power or right to hold land interests similar to greenway easements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.64. Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to greenway easements, including, but not limited to, Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, Chapter 6.5 (commencing with Section 51050), Chapter 6.6 (commencing with Section 51070) and Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of, and Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 of, the Government Code, and Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  188. 816.66.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. )

    Verify source ↗

    A greenway easement granted under this chapter is treated as an enforceable restriction for purposes of Section 402.1 of the Revenue and Taxation Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 4.5. Greenway Easements [816.50 - 816.66] ( Chapter 4.5 added by Stats. 2015, Ch. 639, Sec. 3. ) ## 816.66. A greenway easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code. (Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.)
  189. 8160.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Title [8160- 8160.] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This title applies to a work of improvement unless it is governed by Title 3 (commencing with Section 9000) of this part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Title [8160- 8160.] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8160. This title applies to a work of improvement that is not governed by Title 3 (commencing with Section 9000) of this part. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  190. 817.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. )

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    This section defines certain limited-equity housing cooperatives and sets rules for who may own, sell, and receive value from membership interests.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. ) ## 817. “Limited-equity housing cooperative” or a “workforce housing cooperative trust” means a corporation organized on a cooperative basis that, in addition to complying with Section 817.1 as may be applicable, meets all of the following requirements: (a) The corporation is any of the following: (1) Organized as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. (2) Holds title to real property as the beneficiary of a trust providing for distribution for public or charitable purposes upon termination of the trust. (3) Holds title to real property subject to conditions that will result in reversion to a public or charitable entity upon dissolution of the corporation. (4) Holds a leasehold interest, of at least 20 years’ duration, conditioned on the corporation’s continued qualification under this section, and provides for reversion to a public entity or charitable corporation. (b) (1) The articles of incorporation or bylaws require the purchase and sale of the stock or membership interest of resident owners who cease to be permanent residents, at no more than a transfer value determined as provided in the articles or bylaws, and that shall not exceed the aggregate of the following: (A) The consideration paid for the membership or shares by the first occupant of the unit involved, as shown on the books of the corporation. (B) The value, as determined by the board of directors of the corporation, of any improvements installed at the expense of the member or a prior member with the prior approval of the board of directors. (C) Accumulated simple interest, an inflation allowance at a rate that may be based on a cost-of-living index, an income index, or market-interest index, or compound interest if specified in the articles of incorporation or bylaws. For newly formed corporations, accumulated simple interest shall apply. Any increment pursuant to this paragraph shall not exceed a 10-percent annual increase on the consideration paid for the membership or share by the first occupant of the unit involved. (2) (A) Except as provided in subparagraph (B), for purposes of a return of transfer value, both of the following are prohibited: (i) A board of directors returning transfer value, either full or partial, to a member while he or she still remains a member. (ii) An existing member accepting the return of his or her transfer value, either full or partial. (B) A board of directors may return to an existing member and the existing member may accept return of his or her transfer value in the event that the member moves within the cooperative from a category of unit initially valued at a higher price to a different category of unit valued at a lower price. (c) The articles of incorporation or bylaws require the board of directors to sell the stock or membership interest purchased as provided in subdivision (b) to new member-occupants or resident shareholders at a price that does not exceed the “transfer value” paid for the unit. (d) The “corporate equity,” that is defined as the excess of the current fair market value of the corporation’s real property over the sum of the current transfer values of all shares or membership interests, reduced by the principal balance of outstanding encumbrances upon the corporate real property as a whole, shall be applied as follows: (1) So long as any such encumbrance remains outstanding, the corporate equity shall not be used for distribution to members, but only for the following purposes, and only to the extent authorized by the board, subject to the provisions and limitations of the articles of incorporation and bylaws: (A) For the benefit of the corporation or the improvement of the real property. (B) For expansion of the corporation by acquisition of additional real property. (C) For public benefit or charitable purposes. (2) Upon sale of the property, dissolution of the corporation, or occurrence of a condition requiring termination of the trust or reversion of title to the real property, the corporate equity is required by the articles, bylaws, or trust or title conditions to be paid out, or title to the property transferred, subject to outstanding encumbrances and liens, for the transfer value of membership interests or shares, for use for a public or charitable purpose. (e) Amendment of the bylaws and articles of incorporation requires the affirmative vote of at least two-thirds of the resident-owner members or shareholders. (Added by Stats. 2009, Ch. 520, Sec. 2. (AB 1246) Effective January 1, 2010.)
  191. 817.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. )

    Verify source ↗

    A workforce housing cooperative trust must follow specified board-structure, voting, and governance rules, and may operate at multiple locations and use land to develop limited-equity housing cooperatives.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. ) ## 817.1. (a) A “workforce housing cooperative trust” is an entity organized pursuant to this section that complies with Section 817 and with all of the following: (1) Allows the governing board to be composed of two classes of board members. One class is elected by the residents, and one class is appointed by sponsor organizations, including employer and employee organizations, chambers of commerce, government entities, unions, religious organizations, nonprofit organizations, cooperative organizations, and other forms of organizations. Resident members shall elect a majority of the board members. However, sponsor organizations may appoint up to one less than a majority of the board members. The numerical composition and class of the sponsor and resident board members shall be set in the articles of incorporation and in the bylaws. (2) Requires the charter board of a workforce housing cooperative trust to be composed of only sponsor board members, to remain in place for one year after the first resident occupancy. One year after the first resident occupancy, the resident members shall elect a single board member. Three years after the first resident occupancy, resident members shall elect a majority of the board members. (3) Prohibits the removal of the appointees of sponsor organizations, except for cause. (4) Allows for the issuance of separate classes of shares to sponsor organizations or support organizations. These shares shall be denominated as “workforce housing shares” and shall receive a rate of return of no more than 10 percent simple interest pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 817. (5) Requires, in order to amend the bylaws or articles of incorporation of a workforce housing cooperative trust, the affirmative vote of at least a majority of the resident-owner members or shareholders and a majority of each class of board members. The rights of the sponsor board members or the sponsors shall not be changed without the affirmative vote of two-thirds of the sponsor board members. (b) A workforce housing cooperative trust shall be entitled to operate at multiple locations in order to sponsor limited-equity housing cooperatives. A workforce housing cooperative trust may either own or lease land for the purpose of developing limited-equity housing cooperatives. (c) A workforce housing cooperative trust may be created when at least 51 percent of the occupied units in a multifamily property that is in foreclosure support efforts to buy the building or property. (Added by Stats. 2009, Ch. 520, Sec. 2. (AB 1246) Effective January 1, 2010.)
  192. 817.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. )

    Verify source ↗

    A city or county must hold a public hearing, give advance notice, and complete additional steps when a subsidized limited-equity housing cooperative or workforce housing cooperative trust is dissolving.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. ) ## 817.2. The procedure for the dissolution of a limited-equity housing cooperative or workforce housing cooperative trust that receives or has received a public subsidy shall be as follows: (a) The city, or the county for any unincorporated area, in which the limited-equity housing cooperative or workforce housing cooperative trust is located, shall hold a public hearing. The cooperative or trust shall pay for all costs associated with the public hearing. (b) The city or county shall provide notice to all interested parties. The notice shall be given at least 120 days prior to the date of the hearing. The city or county shall obtain a list of all other limited-equity housing cooperatives and cooperative development organizations in the state from the California Center for Cooperative Development, if the list exists, and provide notice to all of the entities on the list in an effort to create a merger with an existing limited-equity housing cooperative or workforce housing cooperative trust. The notice shall be mailed first class, postage prepaid, in the United States mail. (c) If the dissolving limited-equity housing cooperative or workforce housing cooperative trust merges with an existing cooperative or trust, to the extent possible, the merger shall be with the geographically closest cooperative or trust. (d) If the dissolving limited-equity housing cooperative or workforce housing cooperative trust does not merge with an existing cooperative or trust, both of the following shall occur: (1) Upon completion of the public hearing required pursuant to subdivision (a), the city or county shall adopt a resolution approving of the dissolution and make a finding that the dissolution plan meets the requirements of state and federal law, meets the donative intent standards of the United States Internal Revenue Service, and is free of private inurement, which includes, but is not limited to, a prohibition on any member receiving any payment in excess of the transfer value to which he or she is entitled pursuant to subdivision (b) of Section 817. (2) The city or county shall forward all of the information and written testimony from the hearing to the Office of the Attorney General for the Attorney General to consider as part of his or her ruling on the dissolution. (Added by Stats. 2009, Ch. 520, Sec. 2. (AB 1246) Effective January 1, 2010.)
  193. 817.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. )

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    A named sponsor organization for a workforce housing cooperative trust has the legal standing of a member unless it revokes its sponsorship in writing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. ) ## 817.3. Each entity named as a sponsor organization of a workforce housing cooperative trust formed pursuant to Section 817 shall have the legal standing of a member unless it revokes, in writing, its sponsorship. (Added by Stats. 2009, Ch. 520, Sec. 2. (AB 1246) Effective January 1, 2010.)
  194. 817.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. )

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    A prevailing plaintiff may recover reasonable attorney’s fees and costs in certain actions against a board of directors and its members, and an organization formed under this chapter that uses public funds must not use corporate funds to avoid compliance or to pursue dissolution for prohibited member payments.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 5. Housing Cooperatives and Housing Cooperative Trusts [817 - 817.4] ( Chapter 5 added by Stats. 2009, Ch. 520, Sec. 2. ) ## 817.4. (a) In any action instituted on or after January 1, 2010, against a board of directors and its members based upon a breach of corporate or fiduciary duties or a failure to comply with the requirements of this chapter, a prevailing plaintiff may recover reasonable attorney’s fees and costs. (b) If an organization formed under this chapter uses public funds, it shall not use any corporate funds to avoid compliance with this chapter or to pursue dissolution if the intent or outcome is for some or all of the members to receive any payment in excess of the transfer value to which he or she is entitled pursuant to subdivision (b) of Section 817. (Added by Stats. 2009, Ch. 520, Sec. 2. (AB 1246) Effective January 1, 2010.)
  195. 8170.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Certain construction contracts must include spaces for specific names and addresses.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8170. (a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner’s name, address, and place of business, if any. (2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code. (b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and construction lender, if any. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  196. 8172.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Public entities that issue building permits must include a place on the permit application for construction lender details and keep that information available for public inspection.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8172. (a) A public entity that issues building permits shall, in its application form for a building permit, provide space and a designation for the applicant to enter the name, branch designation, if any, and address of the construction lender and shall keep the information on file open for public inspection during the regular business hours of the public entity. (b) If there is no known construction lender, the applicant shall note that fact in the designated space. (c) Failure of the applicant to indicate the name and address of the construction lender on the application does not relieve a person required to give the construction lender preliminary notice from that duty. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  197. 8174.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Certain loan documents used for a work of improvement must be labeled “Construction Trust Deed” and include specified lender, owner, and property information.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Construction Documents [8170 - 8174] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8174. (a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following: (1) The name and address of the construction lender. (2) The name and address of the owner of the real property described in the instrument. (3) A legal description of the real property that secures the loan and, if known, the street address of the property. (b) Failure to comply with subdivision (a) does not affect the validity of the mortgage, deed of trust, or other instrument. (c) Failure to comply with subdivision (a) does not relieve a person required to give preliminary notice from that duty. (d) The county recorder of the county in which the instrument is recorded shall indicate in the general index of the official records of the county that the instrument secures a construction loan. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  198. 818.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A life tenant may use the land like a fee simple owner, but must not do anything that injures the inheritance.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 818. The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance. (Enacted 1872.)
  199. 8180.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    This section defines when a work of improvement is considered complete.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8180. (a) For the purpose of this title, completion of a work of improvement occurs upon the occurrence of any of the following events: (1) Actual completion of the work of improvement. (2) Occupation or use by the owner accompanied by cessation of labor. (3) Cessation of labor for a continuous period of 60 days. (4) Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days. (b) Notwithstanding subdivision (a), if a work of improvement is subject to acceptance by a public entity, completion occurs on acceptance. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  200. 8182.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    An owner may record a notice of completion within 15 days after completion of a work of improvement, and the notice must be signed, verified, and include required information.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8182. (a) An owner may record a notice of completion on or within 15 days after the date of completion of a work of improvement. (b) The notice of completion shall be signed and verified by the owner. (c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include all of the following information: (1) If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in Section 8186, the name of the direct contractor under that contract and a general statement of the work provided pursuant to the contract. (2) If signed by the owner’s successor in interest, the name and address of the successor’s transferor. (3) The nature of the interest or estate of the owner. (4) The date of completion. An erroneous statement of the date of completion does not affect the effectiveness of the notice if the true date of completion is 15 days or less before the date of recordation of the notice. (d) A notice of completion that does not comply with the provisions of this section is not effective. (e) For the purpose of this section, “owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of completion is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

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