TREES & DRIVEWAYS

MRL 798.37.5

A CAUTIONARY WORD ABOUT TREES

    Park owners and management have, for some reason, made trees and their maintenance and removal one of the most contentious issues of mobilehome park living.


DON'T SIGN AN AGREEMENT TO TAKE CARE OF YOUR TREES

   First: Never sign a separate agreement to maintain the trees, bushes and plants on the lot you are moving onto.


NEVER PAY TO FIX OR REMOVE A TREE

   Second: If you do or if you don't, don't ever pay to have your tree trimmed or removed for safety and health reasons.  


PARKS WILL EVEN ISSUE A  WRITTEN DEMAND FOR YOU TO FIX OR REMOVE A TREE

   Don't fall for that.  Quote the MRL code, below...MRL (California Civil Code 798.37.5 which clearly states it is the parks owner's responsibility.


CONTACT AN MRL-QUALIFIED ATTY OR GSMOL

    If you are threatened about a tree, get in touch with GSMOL or an attorney who is knowledgeable in the MRL civil codes.

   Find GSMOL information elsewhere on this website.

MRL 798.37.5 says....

  (excerpt)  "With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation."

MRL 798.25.5 says....

   (excerpt)  "The ownership or management shall have a right to entry upon the land upon which a mobilehome is situation for maintenance of utilities, trees, and driveways ...."

MRL 798.19 says ....

    "No rental agreemenet for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter.  Any such waiver shall be deemed contrary to public policy and void."

California Civil Code Section 660 says ....

   (excerpt)  Nature of Property.  A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; ...."  

DRIVEWAYS

OVERVIEW

   Driveways normally have been installed by the Park and so the Park is responsible for their maintenance.

   We recommend you never accept responsibility for driveway maintenance, unless ...

   Sometimes, a driveway has been re-installed by a homeowner at some point in the past.  Perhaps they changed from blacktop to concrete.

   If this can be proven by park records where they approved it and show you the proof, it thus has become the responsibility of each successive resident of that space to maintain it.

CRACKS IN DRIVEWAYS

   The most common issue with driveways is cracking caused by tree roots.  When this occurs, the park is responsible for the repairs. 

   HCD may have to be called to inspect and write it up as a trip-hazard.  When they do, they will cite the park which will then have to correct it.

OTHER DRIVEWAY ISSUES

     It is the homeowner's responsibility to take normal precautions against damaging the driveway.

   Oil leaks and/or spillage of chemicals onto blacktop can be detrimental.  If this occurred, the Park is within its rights to require you  to repair the driveway from damage you caused.