San Vicente Mobile Home Park
RULES AND REGULATIONS Revised January 2015
The following Rules and Regulations apply not only to Homeowners and Residents of the Park but to all Guests, invitees, or any other person who are in the Park at the invitation, request, or with permission of anyone who lives in the Park. Throughout the following document references to Homeowner will also include Residents.
1. INTRODUCTION:
A. These Rules and regulations have been designed to encourage Homeowners and Management of San Vicente Mobile Home Park to cooperate in order to promote the enjoyment and convenience of all residents in the Park. All Rules and Regulations of the Park will be interpreted and applied in a reasonable manner.
B. It is the policy and intent of San Vicente to accept applications for tenancy without regard to race, color, creed, religion, sex, marital status, sexual orientation, disability, national origin or ancestry.
C. Each applicant must submit a completed application with supporting documentation and attend a personal interview. All applicants must sign their Rental Agreement, Rules and Regulations, age disclosure, Architectural Standards and other such documents as may be required by law.
D. These Rules and Regulations are effective June 2015 or when signed by the Homeowner, which ever comes first.
2. AGE RESTRICTION:
San Vicente is a fifty-five (55) or over community. All residents of the Park must be at least fifty-five (55) years old at the time they are approved for residency. As is true of all the Rules and Regulations, this rule may be changed or eliminated at any time in accordance with provisions of the Mobile Home Residency Law without liability to you and/or others.
3. RENT SCHEDULE:
A: All rent shall be payable in advance on the first day of each month, except that if the first day of a month falls on a Sunday or a holiday, such rent shall be due and payable on the next succeeding day that is not a Sunday or holiday. All rents shall be paid by check or money order.
B. Rental rates include the mobile home space, water, trash pickup and use of all recreational facilities.
C. Additional charges for new Homeowners: Mailbox signs, electronic gate openers and tennis court keys. Homeowners are limited to two (2) electronic gate openers. No refunds.
D. The electric meters at each Homeowner’s space are read prior to the rent due date. The cost for the utility charges for each billing period is shown separately on the monthly statement, together with the beginning and ending readings on the meters.
E. A late charge of six (6%) percent, rounded up or down shall be imposed on all rents and utilities not paid by the 5h day of the month they are due. There will be a $25.00 processing fee for all checks returned by the bank, in addition to late fees.
4. OCCUPANCY RESTRICTION:
Because of the size, age of the infrastructure, density and lack of parking spaces, it is necessary to limit the number of Residents that may occupy each mobile home located in the park. San Vicente’s standard is two (3) Residents per mobile home. Exceptions are made for live-in caregivers or family medical emergencies on a case-by-case basis.
Any of the following may constitute grounds for termination of residency and eviction, upon such notice and pursuant to such proceedings as:
A. Failure of the Homeowner to comply with local ordinances and state laws and regulations relating to mobile homes within a reasonable time after the Homeowner receives a notice of non-compliance from the appropriate government agency.
B. Conduct of the Homeowner, upon the mobile home park premises, which constitutes a substantial annoyance to other residents.
C. Failure of the Homeowner to comply with reasonable rules and regulations of the Mobile Home Park or for non-payment of rent, utility charges, or other charges as provided by law or government regulation.
D. Violation of any federal, state or local law, statute or ordinance (or regulation promulgated under any such law, statute or ordinance), which adversely affects, or is detrimental to, the health, safety, or welfare of the residents of the park.
E. The willful breach or violation of any provision of the rental/lease agreement
F. Any other basis or grounds now or hereinafter provided by law. In any event no action will be taken which is not in compliance with the California Civil Code provisions relating to mobile home park residency law.
5. USE OF FACILITIES:
Homeowners and Guests may use the space and common area facilities if they comply with these Rules and Regulations and other provisions of the Park’s residency documents as provided by law or government regulations. Management will attempt to promptly, equally and impartially obtain the cooperation and compliance of all Homeowners with the Rules and Regulations and other conditions of residency. Homeowner recognizes, however, that Management’s ability to obtain compliance is dependent upon a number of factors, including the cooperation of all Homeowners and their Guests, the nature and extent of the failure to comply, the expense and practicability of enforcement and the laws in effect. Homeowner agrees, therefore, that the enforcement of the Rules and Regulations and conditions of tenancy are a private matter between Management and each resident individually.
6. COMMUNITY PERSONNEL:
The Management Company and the Park Manager are vested with the legal right and authority to enforce the Rules and Regulations on behalf of Leasehold Owner. Park maintenance personnel are employed for maintenance of Park property only. Please do not ask them to do any work in or around your home during business hours. If you have any questions in regard to the Park Rules and Regulations, please contact the Park Managers. Maintenance employees do not have any authority to answer questions concerning State, County, City or other laws, ordinances or the Park Rules and Regulations. Park property, tools and equipment are for the use of Park personnel only. Homeowners will not be permitted to use or borrow any of the Park’s property, tools or equipment.
7. GUESTS:
A. All Guests must register with the Manager if they stay with Homeowner more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter “grace period”). No Guest less than fifty-five (55) years of age may stay with Homeowner for longer than a cumulative thirty (30) days in any twelve-month period. Homeowner will be charged a Guest fee of $50.00 per Guest for each month following the thirty (30) day grace period. No Guests may stay more than 30-days in a calendar year without the prior written approval of Park Management. The additional charge shall be due and payable on the day after the expiration of such grace period and shall thereafter be due on a monthly basis, paid in advance.
B. No charge will be imposed if the Guest is a member of the Homeowner’s immediate family as defined in the Mobile Home Residency Law or if the Homeowner is living alone and wishes to share his/her mobile home with one (1) person pursuant to California Civil Code §798.34(b). In such situation, each Guest must be at least fifty-five (55) years of age and must register with the Park Manager and shall have no rights of residency.
C. A Homeowner may share his or her mobile home with any person over eighteen (18) years of age if that person is providing live-in health care or live-in supportive care to the Homeowner pursuant to a written treatment plan prepared by the Homeowner’s physician. In such situations, Park Management will not charge a Guest fee for such health care individual; provided, however, that person shall have no rights of tenancy in the Park, and any agreement between such person and the Homeowner shall not change the terms and conditions of the rental agreement between Park Management and Homeowner. Such person shall comply with all of the Rules and Regulations set forth herein.
D. Homeowner agrees to acquaint all Guests with the conditions of tenancy of the Park, including, but not limited to, the Park’s Rules and Regulations. Homeowner is personally responsible for all the actions and conduct of their Guests including, but not limited to, any damage caused by their Guests.
E. Management reserves the right to determine whether the Park’s recreational and other facilities can accommodate all the Homeowners and their Guests and, therefore, Management may refuse any Guest access to said facilities if the Guest’s presence would unreasonably detract from the use of these facilities by other Homeowners and Guests who are then using the facilities or would exceed the limits established by a local enforcement agency.
F. Guests must be accompanied at all times by a Homeowner when using any of the Park facilities.
G. If Homeowner will not be present then no Guests may occupy or otherwise use Homeowner’s home without Management’s prior written consent. Such consent will not be unreasonably withheld.
8. RECREATIONAL FACILITIES:
A. The hours for the recreational facilities are posted at the specific site and may be changed from time to time to accommodate seasonal use.
B. Use of the recreational and other facilities by Homeowners and their Guests may be suspended or revoked by Park Management if you, or your Guests abuse the privilege by failing to act reasonably and in accordance with these Rules and Regulations. Any such suspension or revocation must be given in writing and state the reason(s) for such action. No alcoholic beverages are permitted in or around the recreational facilities without the prior written approval of Park Management.
C. None of the Park facilities may be reserved for private use except with the prior written approval of Park Management. The Homeowner must sign and agree to abide by the terms of the Private Party Agreement, which by reference is made a part of the Rules and Regulations. Any damage done to the recreational facilities will be the responsibility of the Homeowner who has reserved the clubhouse for the event.
D. Shuffleboard courts, tennis courts and pool tables may NOT be used by Guests under the age of eighteen (18) unless a Homeowner is present with them.
E. The swimming pool and spa have regulations posted at the site. Please be aware that there is no lifeguard on duty at any time. In case of emergency there is a telephone on the wall in the hallway near the kitchen, as well as in the Park Manager’s office.
F. It is mandatory that everyone shower before entering the pool or spa. When showering the use of shampoos, shaving cream, razor blades and the like is prohibited. Please remove bobby pins, Band-Aids, suntan lotion or oil before entering the pool or spa. No food or beverages are allowed in the pool or spa. Glass containers of any kind are NOT permitted in the pool and spa areas.
G. A Homeowner is permitted two (2) Guests at the pool or spa and only between 10am-12pm, 3pm-5pm and 7pm-9pm. Homeowners may be permitted additional Guests should their presence not cause the total number of people using the facilities to exceed those established by the appropriate government regulations. Homeowners have priority over Guests when using these facilities. A Homeowner must accompany their Guests at all times when using the pool and spa.
H. Only swimwear may be worn in the pool and spa. No cut offs, shorts, tank tops or other such clothing is permitted.
I. No horseplay, diving, jumping, wrestling, or other such activity is permitted in or around the pool or spa. Personal safety flotation devices are permitted.
J. No toys of any kind are permitted in the pool or spa.
K. Do not walk on the playing surfaces of the shuffleboard courts. Players must wear soft- soled shoes. No more than two (2) games may be played if others are waiting to play.
L. Homeowners are responsible for damages to any recreational equipment or facilities caused by them or their Guests.
M. Homeowners and Guests found to be in violation of Park Rules and Regulations will be asked to leave the facilities.
N. Smoking is NOT permitted within thirty (30) feet of any entrance to community buildings. Smoking is NOT allowed in the clubhouse, pool and spa areas, tennis courts, laundry rooms or dog park.
O. Rules for use of the tennis courts are posted at the tennis courts.
9. CONDUCT:
A. Actions by any person of any nature, which may be dangerous or may create a health and safety problem or disturb others, are not permitted. This includes, but is not limited to violations of any law, including violations of any infraction, misdemeanor or felony, including any unusual, disturbing or excessive noise, intoxication, quarreling, threatening, fighting, immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive language or conduct. The use or display of any weapon, including, but not limited to a bow and arrow, BB guns, knives, fireworks and guns are expressly forbidden. Persons under the influence of alcohol or any other substance shall not be permitted in any area of the Park, which is generally open to Homeowners and their Guests.
B. Radios, televisions, record players, musical instruments and other devices must be used so as not to disturb others. No radios, televisions, record players, musical instruments, or other electronic devices, which can be heard outside of Homeowner’s mobile home, may be operated between the hours of 10:00 p.m. and 8:00 a.m.
Noises associated with construction projects during the hours of 8:00 A.M. to 6:00 P.M. shall not be considered a violation of this section of the Rules and Regulations. Please be aware that park maintenance staff works Monday through Friday (not including holidays) from 7:00 A.M. to 3:30 P.M.
C. Homeowners and their Guests shall not encroach or trespass on any Homeowners home site or upon any area, which is not open for general use by Homeowners and their Guests.
D. Gas, electric, water and sewer connections, as well as equipment connected with utility services and tools and equipment of the Park shall not be used, tampered with or interfered with in any way by Homeowner or their Guests.
E. Except for barbecues approved for use by Management or fireplaces and other appliances installed in a Homeowner’s mobile home, no fires are permitted.
F. Homeowners and their Guests must be quiet and orderly and shall not be allowed to do anything that might be cause for reasonable complaint. Homeowner must acquaint all Guests and all occupants of the mobile home with the Park’s Rules and Regulations.
G. Skateboarding, roller-skating, roller blading, scooters/razors, whiffle ball, big wheel toys, baseball, regular football, ball throwing of any kind are prohibited on Park streets, in or around the clubhouse or other common areas, including the tennis courts and may be done only on a Homeowner’s space when such activity does not annoy another Resident. The common area green belts may be used to play with a nerf ball or other similar type toy so long as it does not disturb other Residents of the park.
H. The mobile home and home site shall be used only for private residential purposes and no business or commercial activity of any nature shall be conducted thereon. This prohibition applies to any commercial or business activity, including, but not limited to any activity requiring the issuance of a business license or permit by any governmental agency. This section is not intended to prohibit a Homeowner from having a home office provided there are no walk-in clients and there are no employees, even if a license as described above is not required.
I. The violation of any law or ordinance of the city, county, state or federal government will not be tolerated. No acts or demeanor shall be permitted which would place the Leasehold Owner or Park Management in violation of any law or ordinance.
J. Estate Sales, garage sales, moving sales and the like, are expressly prohibited without the prior written approval of Park Management.
10. General:
A. The distribution of throwaway newspapers, handbills, door to door selling and soliciting is not permitted without the prior written approval of Park Management. This section is not intended to prohibit the distribution of notices from Management, the Homeowners Association, or Resident organizations provided the materials relate to Park functions or business. If in doubt, Homeowners are encouraged to contact the Park Management for approval prior to distribution of materials to Park Residents.
B. Feeding of wild animals (raccoons, possums, waterfowl, etc.) is prohibited in the Park.
C. Unless under drought restrictions imposed by the County of Santa Barbara or the City of Goleta, car washing shall only be done in the Homeowner’s driveway using an automatic hose shut off or the designated car wash area at the RV storage lot. Please ensure that you do not waste water when washing your vehicles.
11. REMOVAL, SUBLETTING OR SALE OF THE MOBILEHOME:
A. All mobile home charges for the space and utilities shall be paid in full before removing a mobile home. Homeowners shall notify management, in writing, sixty (60) days before vacating. Homeowners must notify management, in writing, of their intent to sell their mobile home if it is to remain in the Park. Management may require the removal of any mobile home, upon sale to a third party, if it is in significantly rundown condition or disrepair.
B. Subletting is permitted after homeowner has lived in the mobile home for a period of one (1) year or medical reasons necessitate subletting prior to one (1) year of residency. The Homeowner shall provide the Park Management with verification of age fifty-five (55) or over for all persons that will be residing in their mobile home. Rent and utility charges will not be accepted from any sub lessee. The owner of the mobile home must pay all rent and utility charges. During the term of the sublease the owner of the mobile home may not use any of the recreational facilities of the park, except as a Guest of a Homeowner. Management will also increase the space rent by ten (10%) percent during the term of the sublease. It shall be the responsibility of the Homeowner to communicate any problems associated with park utilities or facilities to Park Management. Management will not discuss Park business with sub lessees. Homeowner has the responsibility to ensure that their tenant abides by all Park Rules and Regulations. The Homeowner will be subject to such notices as may be provided by law for violations of Park Rules and Regulations by their tenants. Sub-lessees have rights to use Park recreational facilities and rights such as having guests and live-in caregivers. Additional occupancy privileges are at the discretion of Park Management.
C. The assignment of the mobile home site in connection with the sale or transfer of Title, of a mobile home by the Homeowner is subject to Management approval.
D. San Vicente Mobile Home Park will not be party to any sublease agreement. Homeowners are responsible for the actions of their tenants.
12. LAUNDRY:
A. Instructions are posted in the laundry room. Please abide by the rules. Do not overload or abuse washing and drying machines. Washing and drying machines are to be cleaned inside and outside after use. The laundry room is to be left in a neat and orderly condition. Please empty all lint trays. No clotheslines are allowed on mobile home spaces.
B. No laundry of any description is to be hung outside of any mobile home or in any location except the drying yard. Please remove clothes from the laundry lines when they are dry.
C. Laundry left unattended in the washers and dryers may be removed if someone is waiting to use the machines.
13. PETS:
Refer to attached Pet Rules. Said, Pet Rules are made a part and incorporated by reference into this full set of Park Rules and Regulations.
14. AUTOMOBILES AND PARKING:
A. All Homeowners and Guests must drive at safe speeds throughout the Park. The speed limit is ten (10) mile per hour. Homeowners and Guests must stop at all stop signs. Only approved and currently registered vehicles are to be parked in your driveway. Approved vehicles are defined as passenger vehicles, vans, mini-vans and pickup trucks that do not exceed 6001 (GVW) pounds (empty) weight. Unapproved vehicles are travel trailers, over- cab campers, motor homes, buses, commercial vehicles, boats and other similar vehicles that are not self-propelled, and any vehicle exceeding 6001 (GVW) pounds (empty) weight. Unregistered or inoperable vehicles may not be stored in any driveway.
B. All parking spaces except for Homeowner’s driveways are designated for guests. At all times, Homeowners are prohibited from using “guest parking” without the prior written approval of Park Management or when using the recreational facilities or the laundry room. Homeowners may use guest parking when access to their driveways is limited due to construction or repair projects provided, the Homeowner notifies Management and a note is placed in the front windshield indicating their space number.
C. Because of the narrowness of the Park streets no vehicles will be permitted to park on the streets except in designated areas where Park Management has determined the street is wide enough to accommodate street parking without violating state regulations, as they relate to street parking in mobile home parks. Park Management will mark such approved street parking areas with signs or street markings at its sole discretion. Parking for loading, vehicle swapping and unloading is permitted. Contractors, delivery vehicles, park vehicles and other service vehicles may park on the streets only during the time they are actually performing a service.
D. No portion of any vehicle parked in a driveway may extend over the Park streets. No vehicle may be parked anywhere on a space except in the driveway.
E. Guests may not bring into the Park any recreational vehicle over eighteen (18) feet in total length. Homeowners may not park recreational vehicles in visitor/guest parking at any time without the prior approval of Park Management.
F. Only licensed motorcycles, motor scooters, mini-bikes, mopeds or other similar motorized vehicles will be allowed in the Park. Any such vehicle may only be driven from the entrance directly to the Homeowner’s mobile home or to the park office. Only licensed drivers may operate any vehicle in the Park. The only unlicensed vehicle that may be operated in the park is a golf cart.
G. Guests who cannot utilize the on-site parking must park their vehicles at designated guest parking areas. Guests may not park on the streets except in those areas designated by Park Management as provided in Section 14C above, or to load and unload for a maximum of thirty (30) minutes. Guests may park in Homeowner’s driveway provided no portion of the vehicle extends in to the street. Guests may not park in guest parking for longer than forty- eight (48) hours in any one-week period without the prior approval of Park Management.
H. Park Management reserves the right to tow any vehicle parked in San Vicente in violation of these rules and regulations per Article 3, Section 798.28.5 of the Mobile Home Residency Law.
15. TRASH PICK-UP
Trash pick up is scheduled weekly for trash and recycle. All refuse and trash bags shall be kept in closed containers, and must be brought to the street for pick-up. Trash bags may be used but must be securely tied and may only be placed on the street for collection on the day trash collection is scheduled. Trash bags must be stored in the storage shed or a closed container except on scheduled pickup days. Park employees will not enter Homeowner’s driveway to collect trash containers.
Trash containers shall be stored as far out of sight as possible except on pick up days. Disposal of any hazardous material in the trash is a violation of county, state and federal law. Management may suspend or terminate the collection of trash from any resident that places any hazardous materials in their trash. There will be no adjustment of rent already paid should this action become necessary. The scheduled trash pickup may be altered from time to time to allow for unforeseen problems.
16. HAZARDOUS MATERIALS:
State law requires Homeowners to give written notice to Park Management if they discover the presence or suspected presence of any hazardous substance on or beneath the space they are renting. There are civil penalties for failure to do so. Park Management reserves the right to prosecute Homeowners and terminate tenancies of those who cause hazardous substances to be located on or beneath the mobile home space.
17. ZONING AND CONDITIONAL USE PERMIT INFORMATION.
A. The zoning under which the Park operates is DR8-T, Mobile Home Park.
B. The park has a permit to operate, which renews annually on December 31.
C. The duration of any agreement of the Park or any portion thereof in which Owner is a Lessee is as follows: The Park is subject to an underlying ground lease, which expires on July 29, 2017.
D. If a change occurs concerning the zoning permit under which the Park operates or an agreement in which Owner is a Lessee, all Homeowners shall be given written notice within thirty (30) days of such change.
18. RULES AND REGULATIONS:
A. Homeowner hereby acknowledges receipt of the Park Rules and Regulations related to their use and occupancy of the premises and the Park. The Homeowner has read, understands, and agrees to abide by said Rules and Regulations. These Rules and Regulations will be amended from time-to-time, as needed by Park Management, within the Rules change process, per California Civil Code 798.25.
B. No violation of any federal, state or local law or regulation or administrative order will be permitted at any time. Also prohibited are violations of any term, condition, or other provision of the lease or rental agreement applicable to anyone’s residency in the Park.
C. Although the Park’s Rules and Regulations cover a variety of different subjects, it is simply impossible for them to deal with every detail. Therefore, the basic Rule and Regulation, which is applicable to all is that everyone shall conduct himself or herself in a reasonable manner so as not to do anything to unreasonably or adversely affect neighbors or the ownership or management of the Park.
I/We have read, considered and agree to the San Vicente Mobile Home Park’s Rules and Regulations.
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Homeowner Signature Space # Date
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Homeowner Signature Space # Date
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San Vicente Mobile Home Park, Manager Date
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