Cal. Civ. Code § 798.42

Current through the 2024 Legislative Session.
Section 798.42 - [Effective 1/1/2025] Notice of interruption for maintenance, repair or replacement
(a) The management shall provide 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 park, provided that the interruption is not due to an emergency. The management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section.
(b)
(1) Upon voluntary, written consent of a homeowner or resident, the management may provide notice under this section by electronic communication in a form of electronic communication to which the homeowner or resident consents.
(2) For each homeowner or resident not provided notice by electronic communication, the management shall post written notice on the mobilehome of the affected homeowner or resident.
(c) For purposes of this section, the following definitions apply:
(1) "Electronic communication" means email, text, or automated telephone call.
(2) "Emergency" 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.
(3) "Voluntary, written consent" means written consent obtained separately from, and not contained in, any lease or rental agreement. Voluntary consent may be revoked by the homeowner or resident in writing at any time.

Ca. Civ. Code § 798.42

Amended by Stats 2024 ch 23 (AB 661),s 1, eff. 1/1/2025.
Renumbered from Ca. Civ. Code § 798.29.5 and amended by Stats 2009 ch 558 (SB 111),s 1, eff. 1/1/2010.
Renumbered as Ca. Civ. Code § 798.39.5 by Stats 2009 ch 558 (SB 111),s 6, eff. 1/1/2010.
This section is set out more than once due to postponed, multiple, or conflicting amendments.