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VISTA DE SANTA BARBARA MOBILEHOME PARK


Proposed Rules - Pending a Meet and Discuss Meeting with the Residents

RULES AND REGULATIONS

VISTA DE SANTA BARBARA MOBILEHOME PARK is operated under the laws of the State of California and the ordinances, codes and regulations of the City of Carpinteria. As state and local requirements are revised, the Park Rules and Regulations will be revised to reflect any changes. In addition, from time to time, the Park Rules and Regulations may be revised to reflect changes in management policies. Such revisions and changes by Owner or changes in Owners’ policies when made will be conveyed in writing to the Residents for their information and compliance.

All changes in Park Rules and Regulations not concerning recreational facilities shall become effective six (6) months after the Residents are given written notice of such changes. Changes in Park Rules and Regulations covering recreational facilities or mandated by a change in the law shall become effective sixty (60) days after Residents are given written notice of such changes. Reference to approval, permission or authorization of “the Management” shall mean approval in advance, in writing. Any article or paragraph of these Rules and Regulations that is now or may become in conflict with State or local law shall be void, but the remainder of the Rules and Regulations shall continue in effect.

  1. Administration and Management
    1. “Park” means Vista de Santa Barbara Mobilehome Park.
    2. “Owner” means the owner of the Park, Vista de Santa Barbara Associates, LP, (including the owner’s members, partners, directors, representatives, officers, employees, and agents) and the management of the Park (herein referred to as the “Park Management”).
    3. “Resident” is a homeowner or other person who lawfully occupies a mobilehome. A prospective homeowner, purchaser, or those persons listed on the last page of the Lease Agreement as “Lessee” who have not been approved for tenancy by the Park and have not closed escrow on the mobilehome occupying the homesite shall not be deemed a “Resident.”
    4. “Guests” includes all of Resident’s agents, employees, persons sharing the homesite pursuant to Civil Code §§ 798.34(b), (c), or (d), invitees, permittees or licensees or other persons in the Park or on the homesite at the invitation, request or tolerance of Resident; such persons do not have the right to occupy Resident’s mobilehome as a member of Resident’s immediate family as defined by Civil Code § 798.35. “Guests” also include any Residents who are not homeowners.
    5. Management of the Park in all matters and, expressly, in the review and approval of all rental agreements and transfers of ownership of mobilehomes on-site is the sole responsibility of the Owner of Vista de Santa Barbara Mobile Home Park acting through Park Management.
    6. The day-to-day operation of the Park including but not limited to its maintenance, collection of rents and security deposits, review of applications to lease, inspection of mobilehomes and spaces, shall be performed by the on-site Managers under the supervision of Management.
    7. The on-site Managers’ office is located at 6180 Via Real, Carpinteria, California, telephone (805) 684-2313 (which rings in both the office and the Manager’s residence). We request that you conduct your business with the on-site Managers during normal business hours of between 8:00 a.m. and 4:00 p.m., Monday through Sunday (excepting legal holidays), except in the case of an emergency concerning Park property or utilities such as water, sewer, broken or damaged pipes, interruption of utility service, stray animals, unaccompanied guests or visitors, or suspicious activities. Telephone numbers for community and utility service personnel are posted on the bulletin board in the Club House. In the case of an emergency affecting public safety, dial 911 for all emergencies (Deputy response, Fire, Ambulance) which will connect you to the County of Santa Barbara Sheriff’s Department.
  2. Occupants of Mobilehome

    Mobilehomes are to be occupied by not more than two (2) persons per bedroom plus one (1) additional person. Guest visitation is permitted as provided in Paragraph 26, Live-in and Casual Guests. A Resident who is living alone and who wishes to share the mobilehome with one (1) person may do so in accordance with the provisions of Paragraph 25, Sharing. The Park is an all-age community with no minimum age requirements for Residents.

  3. Ownership Transfer
    1. All new prospective residents must complete an Application and receive Management’s approval before completing the transaction to purchase a mobilehome in the Park. Approval cannot be unreasonably withheld if the applicant is creditworthy and has the financial ability to pay the rent and charges of the Park unless Management reasonably determines that based upon applicant’s prior tenancies, the applicant will not comply with the Rules and Regulations of the Park.
    2. Signed copies of the current State of California mobilehome registration, a Lease Agreement and the Rules and Regulations, together with its attachments, are to be filed with Management. Separate Applications must be completed by each individual intending to reside in the mobilehome, each applicant, upon acceptance by Management, being required to execute the Lease Agreement.
    3. The sale and/or transfer of a mobilehome shall also comply with the requirements of Paragraph 23, Sale and/or Transfers of Mobilehome.
    4. All Park documents must be signed in the presence of the on-site manager or be notarized.
    5. Upon approval, the resident must pay a security deposit equal to two (2) times the space rent. This security deposit will be refundable upon the following criteria:
      1. The resident has promptly paid to the management, within five (5) 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 mobilehomes, whichever occurs earlier; and
      2. They must request their security deposit in writing and submitted to the On-Site Managers.
  4. Mobilehome Registration

    If Resident’s mobilehome was in place prior to 1980 it must be licensed and/or registered and inspected as required by the California Department of Housing and Community Development. A duplicate copy of the current registration must be filed with the on-site Managers’ office annually.

  5. Maintenance of Leased Premises
    1. Resident will keep the leased space, carport and his or her mobilehome in a clean, attractive, well-kept condition and maintain and repair all utility lines from the utility pad connection to the mobilehome.
    2. Nothing may be stored under the mobilehome. No towels, rugs, wearing apparel or laundry may be hung outside at any time. All trash, debris, boxes, barrels, brooms, ladders and the like must be appropriately screened from view. Articles such as outdoor furniture, bicycles, mopeds and barbeques must be in good condition and working order and useable for the purpose for which they are intended.
    3. Street gutters may not be blocked in any way by ramps, boards, or other materials.
    4. Resident shall not store any hazardous, toxic flammable materials in the mobilehome or storage facility. Flammable materials, such as lighter fluid or paint thinner, may be stored in the storage facility if kept in a fire retardant container and away from other flammable materials. No perishables may be kept in the storage facility.
    5. In the event Resident fails to meet said maintenance obligation Management may, fourteen (14) days after written notification to the Resident, charge Resident for the costs incurred for such maintenance and/or removal and storage of personal property items. The notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by Park if the services are performed and/or personal property items are removed and stored by Management or its agent. Any such charges shall be paid by Resident within five (5) days of receipt of an invoice itemizing said charges.
    6. Resident shall maintain lawn, flowers, and shrubs in an attractive, weed-free condition at all times. New trees must not be planted in the ground but in a planter. Vegetable gardens, unless attractively maintained, must not be visible from the street.
    7. Prior to commencing any major landscaping or significant changes to existing landscaping Resident must submit a plan, in duplicate, including a drawing depicting the work which will be done for on-site Managers’ review and written approval within ten (10) days of receipt. All landscaping shall be completed within sixty (60) days of the approval of such landscaping plan and Resident shall thereafter maintain said landscaping. Any landscaping which has been installed by Resident without Park Management’s prior approval and/or in violation of these Rules and Regulations must be removed by Resident within ten (10) days of written notice.
    8. Tree removal or trimming which impacts utility lines, streets or pads must receive prior written approval from on-site Managers. Prior written approval of the on-site Managers must be obtained before cutting or breaking and patching the concrete curb along streets.
    9. The existing drainage pattern and grading of the homesite may not be changed without Park Management’s prior written approval. Resident is responsible for insuring that water does not puddle or stand and drains away from Resident’s mobilehome into the street, but not onto other homesites or common areas. Resident may be required to correct improper drainage at Resident’s expense, including, without limitation, re leveling or otherwise adjusting Resident’s mobilehome or repairing and/or replacing any improvements and/or landscaping. Resident is financially responsible for repair and /or replacement of damage caused by Resident’s or Resident’s predecessor’s improper or inadequate homesite drainage including without limitation, damage caused by malfunctioning of any irrigation system or systems, that were, or are, used to water homesite landscaping.
  6. Additions and Improvements
    1. All plans for the construction, remodeling or alteration of a mobilehome or accessory structures must first be submitted in duplicate to the on-site Managers for written approval and must comply with all applicable laws and regulations concerning allowable square footage. Garages and greenhouses are not permitted. Any alteration to electrical, plumbing or gas systems must be approved by the on-site Managers in writing. A building permit for building or remodeling must be obtained from the State of California Department of Housing & Community Development and must conform to current Park Rules and Regulations, state law, the California Code of Regulations, Title 25, Housing & Community Development, Chapter 1, Mobile Home Parks Act. A copy of Title 25 is available upon request for review at the on-site Managers’ office.
    2. In order to meet safety requirements and to insure against overloading electric and gas services, any new installation of water heaters, air conditioners, stoves, refrigerators, water softeners, washers, dryers, or any type of electrical or gas equipment must be approved in writing by the on-site Managers before they are installed. Any replacements of reasonably comparable appliances are specifically excluded from this requirement. Appliance installation must be in compliance with the applicable codes and regulations.
    3. Should Resident wish to apply siding to the mobilehome, the mobilehome must be unitized by adding molding around the roofline of the mobilehome and any patios or awnings. Only non-glare paint in colors approved by the on-site Managers may be used. On-site Managers must approve or disapprove colors within ten (10) days of request. No spray painting is allowed.
    4. Prior to the commencement of any major acts of improvement or repair, Resident must provide the on-site Managers with proof of public liability and property damage insurance covering the work to be performed. Resident agrees to indemnify and hold Owner and Management harmless from any liability which may arise as a result of any such acts of repair or improvement and Mechanic’s Liens as provided in Paragraph 5 of the Architectural Standards attached hereto.
  7. Compliance with Law

    Resident shall comply with all laws and statutes as enacted by the Federal government, State of California, County of Santa Barbara or City of Carpinteria at all times. No act or failure to act by Resident which places Owner or Management in violation of any such law or statute will be tolerated.

  8. Utilities
    1. Management, under contract with the utility companies, provides the required utility services delivered to a utility pad located in front or at the side of each mobilehome and has established a right-of-way across the property for all common utilities. The utility pads must be accessible at all times for safety and maintenance purposes. Tenant must not paint or otherwise tamper or alter meters or gas lines. Structures, fences, potted plants or shrubs which will hinder access to these pedestals are not permitted. If there is a malfunction of electric service connections or other utilities servicing the pedestal, on-site Managers should be notified immediately. Tampering with disconnect switches, electric service connections or other utility connections is strictly forbidden. Utilities inside the mobilehome are the Resident’s responsibility. Resident must obtain written approval from the on-site Managers before digging or driving rods or stakes in the ground as they may damage underground wiring or plumbing. Resident shall bear the cost of repairs to any utilities damaged by Resident.
    2. Utility services connected to the mobilehome and to any storage facility shall be installed in accordance with the requirements of the company providing the utility and the supervising governmental agency. Each space has its own electric, gas and water service from a utility pad and an adjacent sewer connection. The connections to the utility services are the responsibility of the Resident. Utility meters are read and billed as follows:

      For services billed on the monthly rent statements submitted by the Management to the Residents, such billing shall be at cost using the prevailing rates of the utility company providing the service. Those services are as follows:

      1. Gas service;
      2. Water service; and,
      3. Sewer charges on a prorated basis using Carpinteria County Sanitary District charges.
        For services billed directly by the utility or supplier to the Resident:
      4. Electricity is billed directly to Residents using prevailing Southern California Edison Company rates; and
      5. Refuse and trash service charges are billed to Resident by the Disposal Company for its services. Resident must use the services of the Disposal Company or provide for his or her own refuse removal from the Park.
    3. Telephone and cable television service is available from and is payable directly to the utility. No television antennas or discs larger than 39 inches in diameter are permitted.
    4. Any utility hookup fees are the responsibility of Resident. All applicable rate schedules shall be posted pursuant to California Civil Code Section 798.38.
  9. Communication

    Residents are asked to list their telephone number with the on-site Manager’s office. The phone number will be held in the strictest confidence, if requested, and will be used only in an emergency or as authorized. Management policy prohibits release of phone numbers to any person without Resident’s prior written approval.

  10. Vehicles
    1. All vehicles owned or used by Resident must be in an operable condition. Motorcycles, mopeds and scooters will be permitted in the Park only when walked in and out. The speed limit within the Park is ten (10) miles per hour. All traffic signs must be observed. No spray-painting, repairing, rebuilding of cars, other vehicles or recreational vehicles is permitted in the Park. Boats, travel trailers or utility trailers cannot be stored at Resident’s space. They may be stored at an additional charge in the Recreational Vehicle Storage area if space is available. Such vehicles may be parked adjacent to a mobilehome during daylight hours for purposes of loading and/or unloading such vehicles.
    2. Washing of vehicles is permitted in Resident’s carport or on the street only at those times and under the conditions as mandated by any governmental agency; provided, however, a shut-off nozzle is used on the hose.
    3. Minor vehicle repairs are allowed as long as spills are controlled. Vehicles dripping gas or oil must be repaired to avoid damage to pavement.
    4. Bicycles may not be ridden on sidewalks in the Park. Skates and skateboards are prohibited.
  11. Parking

    Resident shall park either at his space or in spaces provided for guest parking. No overnight street parking is permitted between the hours of 10:00 p.m. and 8:00 a.m. Only one (1) vehicle may be parked in a mobilehome parking space unless additional vehicles may be parked in tandem without extending into the street. Resident’s guests must park either at Resident’s space, in designated guest parking area or outside of the Park. Guest parking is for temporary use only. Compliance with this requirement will be enforced, and improperly parked vehicles will be towed at owner’s expense.

  12. Pets
    1. Two small pets, either two dogs, two cats or a dog and a cat, under 20 pounds each, will be permitted in the owner’s mobilehome, but not in any common grounds of the Park, with the exception of working seeing-eye dogs or trained dogs used for the hearing impaired Resident. If a Resident wishes to walk his or her pet, the pet must be carried by hand, or driven by automobile out of the park. Dogs may be allowed in a fenced-in, secured area. However, pets must not be left outside unattended. Absolutely no pets are allowed in the swimming pool, spa or clubhouse areas.
    2. “Pet” is defined as small dog or cat. Small household birds and fish are permitted. All other animals and reptiles are prohibited. Pitbull and Rottweiler purebreeds or mixes or other aggressive or dangerous breeds are not permitted on Park property under any circumstances.
  13. Club House and Pool Facilities
    1. The recreation room in the Club House is available for use of all Residents at posted times. The Clubhouse and Swimming Pool will be closed on Thanksgiving Day and Christmas Day. The Club House may be used for private parties or for Park functions with approval of the on-site Managers. The on-site Managers must be given a minimum of two (2) week’s written request of Resident’s intended use unless the Park function is one of the recognized Park activities (monthly Dollar and a Dish and Pot Luck dinners). On-site Managers’ approval must be in writing and is subject to the payment of cleaning deposit if applicable.
    2. Any Resident or group of Residents wishing to use the recreation room for a private function must post a $150.00 cleaning deposit with the on-site Managers at the time the reservation is made. The deposit may be applied to the cleaning and/or repair of the recreation room after its use, as necessary. Any unused portion of the deposit will be refunded to Resident together with an explanation of charges.
    3. No alcohol is to be served in the Club House unless on-site Managers are provided with and approve, in writing, not less than ten (10) days prior to the proposed service of alcohol, proof of satisfactory insurance insuring Owner, Management and its agents and employees against any liability for the sale, furnishing or giving of any alcoholic beverage to any person or any public liability or property damage which may occur as a result of the serving of alcohol. Resident may bring alcoholic beverages to the Club House for personal consumption only, provided, however Resident maintains the appropriate decorum. Smoking in the Club House or any enclosed area of the common facilities at any time is prohibited.
    4. Swimming pool and therapeutic pool (spa) hours and rules are posted. No glass is permitted in the pool or pool area. All persons must shower before entering pool or spa. All guests must be accompanied by a Resident while using the pool or spa. The pool and spa hours are from 8:00 a.m. until sunset.
    5. All persons who use the swimming pool or the spa must remove bobby pins, band-aids, suntan lotion and the like before entering. Anyone entering the pool with long hair must wear a bathing cap. Users of the facilities shall not throw refuse or litter in the pool or pool area.
    6. Swimming alone is not recommended. There is no lifeguard on duty.
    7. The swimming pool is heated all year by solar heat. The spa is heated all year by gas and solar heat.
    8. There will be no changing into swimming suits by the pool area. Residents and their guests can change into their suits either at home or in the Clubhouse Restrooms.
    9. The Swimming Pool area will be closed during inclement weather for residents’ safety to prevent electrocution during lightning and to prevent slip and fall injuries during rain.
    10. All persons who are incontinent or who are not “potty trained” are not permitted in the pool.
    11. Smoking and alcoholic beverages are prohibited in the swimming pool or spa pool areas.
    12. For protection of deck furniture, please place towels over chairs when using suntan oil, creams, or lotions. No person may enter the swimming pool or spa pool with suntan oil or suntan products on her/his body.
    13. No one with a skin disease or open wound will be permitted in any of the pools.
    14. Shoes or sandals must be worn to and from the pool area.
    15. Park Management reserves the right to limit the use of the pool and/or spa at any time and to restrict use of the pool and/or spa by anyone.
    16. Residents are responsible for the conduct of their Guests.
  14. Laundry Room Facilities
    1. The laundry room is not secured at any time and is open at all times for use by Residents. Instructions for operation of washing machines are printed on each machine. Do not overload or abuse machines. Washing machines and dryers must be cleaned inside and outside after use. This includes cleaning the lint screen in the dryers. The laundry room must be left in a neat and orderly condition. These facilities will be closed from time to time at Park Management’s discretion for cleaning and repairs.
    2. Laundry must be removed from washers and dryers as soon as it is finished. Laundry must be removed from the lines in the drying yard as soon as possible. Management is not responsible for any theft and advises that laundry should not be left unattended by a Resident using the facilities. No laundry of any description is to be hung outside of a mobilehome or any other place except in the drying yard.
  15. Conduct
    1. 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, 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 Residents and their Guests.
    2. Radios, televisions, stereo or other noise-producing devices must be turned low so as not to disturb the peace and quiet of the other Residents in the Park. Quiet hours are from 10:00 p.m. to 8:00 a.m., Monday through Sunday. Arrangements should be made with contractors and gardeners in order to accommodate the Park’s quiet hours.
    3. Residents and their Guests shall not encroach or trespass on any other Resident’s homesite or upon any area which is not open for general use by Residents and their Guests. All Park property which is not for the use of Residents and their Guests, including, but not limited to, gas, electric, water and sewer connections and other equipment connected with utility services and tools and equipment of Park Management, shall not be used, tampered with or interfered with in any way by Resident.
    4. Residents and their Guests must be quiet and orderly and shall not be allowed to do anything which might be cause for complaint. Residents must acquaint all Guests and all occupants of the mobilehome with the Park’s Rules and Regulations.
    5. The use of baseballs, footballs, or other flying objects within the Park is prohibited.
    6. Except for barbecues approved for use by Park Management or fireplaces and other appliances installed in Resident’s mobilehome, no fires are permitted.
    7. 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 Park Management in violation of any law or ordinance.
    8. Resident is responsible for the actions and conduct of all other occupants or Residents of Resident’s mobilehome and for the actions and conduct of Resident’s Guests and invitees. Such responsibility shall include, but not be limited to, financial responsibility for any breakage, destruction, or vandalism of the Park’s recreational facilities and common areas.
  16. Supervision of Guests

    Resident’s guests must be supervised by Resident at all times when present in the common areas including, but not limited to, the Club House, swimming pool area and laundry facilities. Residents are responsible for the conduct of all guests when they are in the Park.

  17. Prohibited Commercial Activity

    No commercial or business activity which is prohibited by existing zoning shall be conducted in the Park. This includes any type or kind of paid or unpaid baby-sitting or day care services, except as specifically authorized by law. Garage or yard sales are also prohibited.

  18. Solicitors

    Solicitors, vendors, peddlers or any others whose presence and business activity may be considered an intrusion by the on-site Managers and/or Resident are not permitted in the Park. Only those regular delivery persons who are duly authorized by the on-site Managers may have access to the Park. In the event of an intrusion, the on-site Managers should be notified immediately.

  19. Owner and Management Liability

    Owner and Management shall not be liable to Resident or Resident’s guests for any damage to Resident or Resident’s property from any cause whatsoever. Resident’s guests and invitees waive all claims against Owner and Management for damage to persons or property arising for any reason, except that Management shall be liable to Resident for damage to Resident resulting from the acts or omissions of Management or its authorized representatives performed during the course and in the scope of their agency or employment. Any of Owner’s tools made available for use by Resident are used at the Resident’s own risk. Any use of any facilities provided by the Park are for use at Resident’s and/or Resident’s guests’ own risk.

  20. Antennas and Electronic Devices

    Management reserves the right to request the removal of any device which is creating electronic or other interference in the Park. Ham radio equipment or citizen band radios are not allowed in the Park.

  21. Refuse and Trash Removal
    1. Refuse and trash removal is available in accordance with Paragraph 5, “Maintenance of Leased Premises.” All refuse and trash must be placed in regulation cans with lids, and stored in such a place so as not to become offensive. Containers are to be placed in front of a Resident’s space after dark the night before or in the morning of the day of pick up and returned to their storage promptly after pick up. Absolutely no toxic or hazardous materials shall be disposed of in the Park’s containers. No rubbish or trash is to be taken to the waste site at the Club House or placed in the dumpster.
    2. Small yard clippings may be placed in Park dumpster providing the Resident leaves the waste collection area in a clean condition. Major yard clippings such as tree trimming/removal or landscape clean-up refuse may not be placed in Park dumpster. Resident should make arrangements with Harrison Trash for a roll-off dumpster if major yard clean-up is to be performed.
  22. Vacations and Absences

    Residents planning a long vacation or absence are asked to communicate this to a neighbor or a friend for plant water care and home security. Additionally, Resident should notify the on-site Managers of his or her expected departure and return dates and arrange for timely payment of all rents and charges as they become due. During a resident’s absences, no one is to occupy the mobilehome.

  23. Sale and/or Transfer of Mobilehomes
    1. Resident shall give Management sixty (60) days written notice prior to vacating and prior to the intended sale of the mobilehome in accordance with the Mobilehome Residency Law (Civil Code Section 798.59) and other applicable law, whether or not the mobilehome will be removed. Resident may list his or her mobilehome for sale with a licensed real estate broker or reputable mobilehome dealer or sell it himself or herself. No “OPEN HOUSE” signs or flags are permitted. One (1) “FOR SALE” sign may be attached to the mobilehome or placed on the space but any such signage must not exceed 24 x 36 inches.
    2. The purchaser of a mobilehome, in addition to complying with the requirements set forth in Paragraph 3, “Ownership Transfer”, must comply with the following prior to the close of any escrow or completion of a sale.
      1. After processing of applications, and if approved by Management, a new Resident who is considering altering or modifying the mobilehome, must submit plans for review and written approval of the proposed alterations or additions to the mobilehome of the on-site Manager prior to the commencement of work. Improvement or repair are subject to the requirements set forth in Paragraph 6, “Additions and Improvements.”
      2. Prospective residents of the mobilehome must execute a new Lease Agreement or an assignment of the existing Lease Agreement between the Seller and Management, acknowledging the prospective resident’s acceptance of its terms.
        The prospective resident must additionally sign the Park's Rules and Regulations.
    3. Upon written notice from the current resident to vacate their mobilehome the on-site manager will inspect for the following:
      1. Yard inspected for cleanliness, weeds, and any hazards.
      2. The mobilehome inspected for the following:
        1. Cleanliness
        2. Paint, no undercoat or bare material should show, paint must not be chipping or flaking.
        3. Screens must be in good condition.
        4. Windows must not be broken or cracked.
        5. Skirting must be intact and properly vented.
        6. Steps and porches must be in good condition and covered.
  24. Assignment and Subleasing
    1. Resident shall not sublet, assign, lease, rent or otherwise allow any person to occupy Resident’s mobilehome and/or homesite for a fee or other remuneration except with the written consent of Park Management. Consent by Park Management shall not be unreasonably withheld and shall comport with the applicable provisions of the Mobilehome Residency Law.
    2. Assignment or subleasing may be permitted only under the following conditions:
      1. A notice of intent to sublease or assign must be submitted by Resident for Park’s written approval not less than thirty (30) days before commencement of the subleasing or assigning;
      2. A consent to sublease must be signed by Park Management before any sublessee may occupy Resident’s mobilehome.
      3. The proposed sublessee must complete an application for tenancy and must be approved for residency based upon criteria applicable to prospective purchasers under Civil Code § 798 et seq., including a reasonable determination of the ability of proposed sublessee to pay rent and to comply with the Park’s Rules and Regulations. Accordingly, the proposed sublessee must:
        1. Be presented to Park Management and be approved by Park Management;
        2. Agree in writing to permit the Park to obtain a credit report from a credit bureau regarding proposed sublessee’s credit history;
        3. Pay a fee as may be permitted by the Mobilehome Residency Law for obtaining a financial report or credit rating;
        4. Be accepted in writing by the Park;
        5. Execute a sublease providing for a term of tenancy of not less than three (3) months; and
        6. Execute a copy of the Rules and Regulations.
      4. All agreements between Resident and proposed sublessee must be disclosed to Park Management.
      5. The Park may require that Resident and the sublessee execute further residency documents reasonably necessary to protect Owner’s interest.
    3. Any assignment or subleasing of Resident’s homesite or mobilehome shall be null and void unless Resident and proposed sublessee have complied with the terms and conditions of this paragraph entitled “Assignment and Subleasing.” If Resident or proposed sublessee fail to comply with the provisions of this paragraph entitled “Assignment and Subleasing,” the sublessee shall have no rights of tenancy and may not reside on any basis in the mobilehome or on the homesite.
    4. If a sublessee has received approval by Park Management, such sublessee may be permitted to occupy Resident’s mobilehome and to use the recreational facilities. During the term of the sublease, the sublessee shall have the exclusive rights of possession and occupancy while the sublease is in effect. Sublessee shall perform all duties and covenants of Resident’s rental agreement and as may be defined further in the consent to sublease.
    5. Resident’s rental agreement may be terminated, at the sole option of the Owner, if Resident assigns or sublets Resident’s homesite or mobilehome in violation of Resident’s rental agreement. Nevertheless, Owner retains the right to rent any Park-owned mobilehome located on any homesite within the Park.
    6. Resident and sublessee, jointly and severally, shall be obligated to perform all duties required under Resident’s rental agreement, the sublease, the consent to sublease, and the Rules and Regulations, and to such purpose, both sublessee and Resident shall be considered joint partners, and the termination of tenancy of either of such partners shall apply with equal force and effect to both. Resident and sublessee further warrant and guarantee all required performance by each partner. In the event of default, Owner may terminate tenancy by joinder of the sublessee, or Resident, or both, and Resident agrees that any legal process to recover possession may be commenced exclusively against the sublessee. Notices served on sublessee shall be deemed served on Resident.
    7. Resident and sublessee shall provide the Park immediately with any amendments, addenda or modification of the agreements between Resident and sublessee without further demand or request of the Park. Any failure to do so or failure to make full disclosure of all terms of agreements between Resident and sublessee shall be grounds to prohibit subleasing by Resident and to require the immediate termination of any sublease.
  25. Sharing
    1. If Resident is living alone and wishes to share his or her mobilehome with one person, Resident may do so and a fee shall not be imposed by the Park for such additional person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by these Rules and Regulations and shall register with the Park.
    2. If Resident wishes to share his or her mobilehome with one person over eighteen (18) years of age (if that person is providing live-in health care or live-in supportive care to Resident pursuant to a written treatment plan prepared by Resident’s physician), Resident may do so, and a fee shall not be imposed by the Park for such additional person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by these Rules and Regulations and shall register with the Park.
    3. Resident may share his or her mobilehome with any person over eighteen (18) years of age if this person is a parent, sibling, child or grandchild of the Resident and requires live-in health care, live-in supportive care, or supervision pursuant to a written treatment plan prepared by a physician or surgeon. A fee shall not be imposed by the Park for such additional person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by these Rules and Regulations and shall register with the Park.
  26. Live-In and Casual Guests
    1. Guests of a Resident are welcome to stay in Resident’s mobilehome up to and including twenty (20) consecutive days or thirty (30) days in a calendar year without Park registration. Guests are asked to identify themselves to the on-site Managers for purposes of security and communication.
    2. Residents are held responsible for the conduct of their live-in and casual guests and for insuring that their live-in guests have read, are aware of and understand these Rules and Regulations for the duration of their visit in the Park.
  27. Rent
    1. Monthly rental rates are for two (2) persons. For your convenience, statements showing total of rent and other charges are distributed to the Residents of each mobilehome during the last week of each month. All rents for the coming month and applicable utility charges for the prior month are due on the first day of each month and are delinquent if not paid by the sixth (6th) day of each month by 5:00 p.m. In the event rent is not paid within five (5) days after the due date or Resident’s check is returned by the bank for any reason, the Resident shall be required to pay a late charge of $50.00. Resident shall also be required to pay any costs incurred by Management in processing each dishonored bank check. Should the sixth (6th) day of the month fall on a weekend or holiday, Resident may pay the rent and other charges on the next regular working day without penalty.
    2. If a notice of default is served on Resident for delinquent rental payments or any other payment required by the Lease or these Rules and Regulations, Resident shall be required to pay all sums due by means of cashier’s check or money order. Resident shall pay an administrative fee of $50.00 representing Owner’s costs in the preparation of such notice, legal fees, as well as actual costs of service of said notice, if any.
  28. Residents Meetings with Management

    Resident understands that, in accordance with the Mobile Home Residency Law, Management shall meet and consult with Residents, upon written request, within thirty (30) days of the request, either individually, collectively, or with representatives of a group of Residents who have signed a request to be so represented, with respect to resident concerns regarding existing Park rules that are not subject to Civil Code Section 798.25; standards for maintenance of physical improvements in the Park; addition, alteration, or deletion of service, equipment, or physical improvements; and rental agreements offered pursuant to Civil Code Section 798.17.

  29. Zoning and Conditional Use Permit
    1. The nature of the zoning under which the Park operates is as follows: MHP
    2. The date of expiration or renewal of any conditional use or other permits required to operate the Park which are subject to expiration or renewal is as follows: The Park is not operating pursuant to a conditional use permit which has an expiration date.
    3. The duration of any agreement of the Park or any portion thereof in which the Park is a Lessee is as follows: The Park is not subject to any underlying ground lease.
    4. If a change occurs concerning the zoning permit under which the Park operates or an agreement in which the Park is a Lessee, all Residents shall be given written notice within thirty (30) days of such change.

THE UNDERSIGNED RESIDENT(S) ACKNOWLEDGES RECEIPT OF A COPY OF THE VISTA DE SANTA BARBARA PARK RULES AND REGULATIONS AND THE ARCHITECTURAL STANDARDS.

ATTACHMENT TO RULES AND REGULATIONS

ARCHITECTURAL STANDARDS

The Owner and Management of Vista de Santa Barbara recognizes that the Resident has a substantial financial interest in maintaining the standards and livability of the Park. The Park has been planned to maintain the highest standards, thereby protecting your investment and insuring the maximum enjoyment of your mobilehome and the Park facilities. Management reserves the right to supplement and/or amend any of the following Architectural Standards in accordance with applicable State law.

Replacement Mobilehomes

  1. Architectural Control and Acceptance

    The design and appearance of all mobilehomes to be brought into the Park must be approved in writing by the on-site Managers. Prior to on-site Managers’ acceptance of any mobilehome into the Park, each prospective resident must submit the following:

    1. A dimensioned plot plan of the lot drawn to a scale of 1” = 10’ showing the location and placement of the mobilehome and its relationship to lot lines and all structures, streets, utility pads, etc.
    2. A brochure or other representative picture or description from the manufacturer of the mobilehome to be placed on the lot.
    3. A color sample showing the exterior colors of the mobilehome. All colors must be approved by Management.
    4. A landscaping plan drawn on a scale of 1” = 10’, including patios, awnings, fencing, and watering systems, for which systems Resident or his or her agent shall obtain a State permit.
    5. A copy of the floor plan of the mobilehome, including any carport or storage facility.

    The Resident must check with his or her mobilehome dealer to determine that the dealer will be able to conform to all Carpinteria ordinances and California State requirements, including the necessary building permits and other necessary City and/or State utility approvals, if any. No application shall be made to the City for permits until all of the above items have been approved by the on-site Managers.

  2. Mobilehome Standards

    To insure the long term beauty of the community, specific mobilehome standards as set forth below must be met.

    1. Age

      All mobilehomes brought into the Park must be new and previously untitled. Used, previously titled mobilehomes may not be brought into the Park.

    2. Size

      All mobilehomes must be single story at least 24 feet wide, but no more than 27 feet wide, except for mobilehomes to be placed on lots 20, 84 and 100 which may be 20 feet in width. Two story mobilehomes are prohibited. The total area of the mobilehome, including any accessory structures or storage cabinets must cover no more than 75% of the square footage of the lot.

    3. Siding

      All mobilehomes may have any of the following exterior siding: Alcan Aluminum horizontal siding, painted or stained wood, stucco or Masonite. No standard aluminum vertical siding or board and batt patterns are allowed. All siding colors must be approved by the on-site Managers.

    4. Roofing

      Permitted material is composition asphalt shingle, wood shake or shingle, or tile. All roofs must be fire resistant. All colors must be approved by the on-site Managers. Minimum roof pitch should be 2/12. All vents and roof jacks must be painted to match the roof.

    5. Fascia and Flashing

      All mobilehomes must have matching fascias and matching moldings and flashings.

    6. Air Conditioners

      All air conditioning equipment shall be installed at ground level. Location of exterior compressors must have approval of the on-site Managers.

    7. Hitches and Tongues

      All hitches and tongues must be removed completely from the mobilehome.

    8. Gutters and Downspouts

      Gutters made of metal or aluminum of adequate strength are required on all mobilehome eaves. Gutters and downspouts shall be painted to match adjoining materials and kept free of debris at all times. Downspouts shall be placed so as to direct water drainage from the mobilehome roof and awnings into the street.

    9. Windows

      Window sash shall be dark anodized aluminum. Other window sash material of equivalent quality must be approved by the on-site Managers.

    10. Plumbing

      All plumbing fixtures shall be water conserving models. All mobilehomes shall be plumbed to encourage the use of tank exchange service for water softening.

    11. Storage Cabinets

      One (1) exterior storage cabinet of 120 square feet or less, or two (2) storage cabinets of 60 square feet each may be installed, but in no case can two (2) storage areas be in excess of 120 square feet, nor can the total of the storage area and the mobilehome cover over 75% of the square footage of the lot. The height of storage cabinets is limited to 8 feet.

  3. Mobilehome Installation

    All City, County, State and/or Federal fees to install the mobilehome are to be paid by Resident. All work is to be done by a contractor(s) who is licensed by the State of California and who carries liability and workman’s compensation insurance, all of which must be in full force and effect at the time the work is performed. Management is not responsible to Resident for poor or improper drainage occurring as a result of the installation of a mobilehome or the modification of the space on which the mobilehome is situated, cracked or raised concrete or bricks, or the failure of plants, trees or lawn. Placement of mobilehomes must be under the on-site Managers’ supervision. All work will be inspected by the on-site Managers prior to final acceptance of the residence.

  4. Set-Up and Occupancy

    Mobilehomes must be fully set up with carports completed, connected to utilities, ready for occupancy, and have passed the California State Department of Housing and Community Development installation inspection within sixty (60) days of delivery of the mobilehome to the space. The word “occupancy” as used in these Architectural Standards is defined as the date the mobilehome is ready for habitation, whether the mobilehome is physically occupied or not.

  5. Mechanic's Liens

    If any lien is placed upon the space or any improvement thereon by reason of work undertaken by or at the request of Resident, Resident within ten (10) days from recordation of said lien shall cause the same to be discharged or released by the posting of a bond. Resident shall defend and indemnify and hold Management harmless against all liability or claims arising out of any work or installation caused to be performed by Resident on the premises. In the event Resident fails to do so, Management may (but shall not be required to) pay all such sums as are required to cause the release of such lien and then deliver to Resident written notification of such payment. Resident shall pay said sum to Management within five (5) days of receipt thereof. If not so paid, all such sums shall thereafter bear interest at the highest rate permitted by law.

    Management reserves the right to enter upon Resident’s lot for the purpose of posting such notices of non-responsibility as may be permitted by law. Any default by Resident with respect to the terms and provisions of this Paragraph shall be deemed to be a material breach of Resident’s obligations under the Lease Agreement.

Existing Mobilehomes

  1. Removal of Nonconforming Mobilehomes

    Management shall require the removal of a mobilehome from the Park in the event of its sale or transfer to a third party where:

    1. It is not a “mobilehome” within the meaning of Civil Code Section 798.3.
    2. The mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.
    3. The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 16, 1971, and is less than 20 feet wide and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder.
    4. The mobilehome is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The Management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The Management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.
  2. Inspection of Existing Mobilehomes Upon Sale or Transfer

    Prior to the on-site sale or transfer of a mobilehome to a third party, the mobilehome must be inspected by the State of California Department of Housing and Community Development, Division of Codes and Standards, Mobile Home Division for compliance with the California Code of Regulations, Title 25. Any corrective work noted on the Activities Report must be completed and the mobilehome re-inspected prior to its continued use or sale or transfer.