San Marcos Municipal Code Ch. 16.20 Sale of Mobilehome Parks

Unless the context otherwise requires, the terms defined in this Section shall for all purposes pertaining to this Chapter 16.20, have the meanings defined herein:

(a)

Mobilehome shall mean a structure designed for human habitation and being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code of the State of California.

(b)

Mobilehome owner or homeowner shall mean a person who has a tenancy in a mobilehome park under a rental agreement.

(c)

Mobilehome park or park is an area of land where nine or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

(d)

Mobilehome park owner means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park.

(e)

Rental agreement is any agreement, either oral or in writing, between the mobilehome park owner and the mobilehome owner establishing the terms and conditions of the mobilehome owner's tenancy.

(f)

Tenancy is the right of a mobilehome owner to the use of a site within a mobilehome park on which to locate, maintain and occupy a mobilehome, site improvements, and accessory structure for human habitation, including the use of the services and facilities of the park.

(g)

Notify means the placing of a notice in the United States mail addressed to the mobilehome owners at the mobilehome owners' address within the park or as otherwise known to the park owner. Each such notice shall be deemed to be given upon the deposit of the notice in the United States mail.

(h)

Offer means any solicitation by the mobilehome park owner to the general public.

(a)

If a mobilehome park owner offers a mobilehome park for sale, he shall notify the mobilehome owners of his offer, stating the price and terms and conditions within five days of the offering.

(b)

If the mobilehome park owner thereafter elects to offer the park at a price lower than the price specified in his notice to the mobilehome owners and/or under different terms and conditions than those specified in such notice, the mobilehome park owner shall notify the mobilehome owners within five days of said changed price or terms and conditions.

(c)

If a mobilehome park owner receives a bona fide offer without the solicitation thereof to purchase the park that he intends to consider or make a counter offer to, the mobilehome park owner shall offer to sell the park upon the same price and terms and conditions to the mobilehome owners.

(a)

The mobilehome owners shall have the right to purchase the park, provided the mobilehome owners meet the price and terms and conditions of the mobilehome park owner, by executing a contract with the mobilehome park owner within 45 days, unless agreed to otherwise, from the date of mailing of the notice of the offer. If a contract between the mobilehome park owner and the mobilehome owners is not executed within such 45-day period, then, unless the mobilehome park owner thereafter elects to submit a counter offer to the noticed offer, at a price lower than the price specified in notice to the mobilehome owners, he has no further obligations under this subsection, and his only obligation shall be as set forth in subsection (b).

(b)

If the mobilehome park owner thereafter elects to consider an offer or make a counter offer at a lower price and/or under different terms and conditions than the price or terms and conditions as specified in his notice to the mobilehome owner, the mobilehome owners will have an additional 15 days to meet the price and terms and conditions of the mobilehome park owner by executing a contract.

This chapter does not apply to:

(a)

Any sale or transfer to a person who would be included within a table of descendant and distribution if the mobilehome park owner were to die intestate.

(b)

Any transfer by gift, device or operation of law.

(c)

Any transfer by corporation to an affiliate. As used herein, the term "affiliate" means any share holder of the transferring corporations, an corporation or entity owned or controlled, directly or indirectly by any shareholder of the transferring corporation.

(d)

Any transfer by a partnership to any of its partners.

(e)

Any conveyance of an interest in a mobilehome park incidental to the financing of such mobilehome park.

(f)

Any conveyance resulting from the foreclosure of a mortgage, deed of trust, or other instrument encumbering a mobilehome park or any deed given in lieu of such foreclosure.

(g)

Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park.

(h)

Any exchange of a mobilehome park for other real property of substantially equivalent value, whether or not such exchange also involves incidental consideration in the form of the payment of cash or other boot.

(i)

The purchase of a mobilehome park by a governmental entity under its powers of eminent domain.

(a)

A mobilehome park owner may at any time record, in the official records of the County where a mobilehome park is situated, an affidavit in which he certifies that:

(1)

With reference to an offer by him for the sale of such park, he has complied with the provisions of this chapter;

(2)

With reference to an offer received by him for the purchase of such park, or with reference to a county offer which he intends to make, or has made, for the sale of such park, he has complied with the provisions of this chapter;

(3)

Notwithstanding his compliance with the provisions of either Sections 16.20.020 or 16.20.030 herein, no contract has been executed for the sale of such park between himself and the mobilehome owners;

(4)

The provisions of Sections 16.20.020 and 16.20.030 herein are inapplicable to a particular sale or transfer of such park by him, and compliance with such Sections is not required; or

(5)

A particular sale or transfer of such park is exempted from the provisions of this chapter.

Any party acquiring an interest in a mobilehome park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owner's compliance with the provisions herein.

(b)

It is the purpose and intention of this Section to preserve the marketability of title to mobilehome parks, and, accordingly, the provisions of this Section shall be liberally construed in order that all persons may rely on the record title to mobilehome parks.