For homeowners in every Encinitas park

Know your rights

We are not renters. We are homeowners. We own our homes; the park owns the land underneath. State law gives us real protections and gives park owners real duties. This page shows what to look for, how to document it, and where each problem goes.

Why this matters: parks that break the law can be made to pay

Willful violations. When a park knows about a problem and doesn't fix it, that can be a willful violation. A homeowner who takes the park to court and wins can be awarded up to $2,000 for each willful violation, on top of actual losses. The judge decides the amount.
Public nuisance. Under state law, a park's serious failure to keep up its common areas is a public nuisance. Residents, the City Attorney or the District Attorney can take the park to court over it.
State orders and penalties. State inspectors can order repairs, post the violation in the park until it's fixed, and go to court for penalties of up to $500 per violation for each day it continues.

Our goal: get every violation on the record, in writing, with photos and dates, so each park either fixes it or pays for it. Written notice is what turns a problem into a willful violation. Once a park has been told and still does nothing, that choice is on them.

1. Health and safety: the big-ticket problems

Look for these first. These are the park's job, at the park's cost.

Problem	What the park must do	What to photograph or keep
Sewage backing up, sewer smells, broken drain lines	Keep the park's sewer lines and the drain inlet at each space working and sealed. Leaking or broken sewer plumbing is a health violation.	Photos and video, the date and time, how long it lasted, any smell. Report it to the state the same day.
Flooding and standing water	Grade the park so water doesn't pool and doesn't run onto anyone's space. Standing water that breeds mosquitoes is a public nuisance.	Photos during and after rain, with something for scale. Note how many days the water stayed.
Trees touching power lines	If the line belongs to SDG&E, SDG&E trims it for free. If the line belongs to the park, the park must keep it clear under the same safety rules utilities follow. Report power line problems inside the park to HCD Health & Safety. Never touch the tree or the line.	Photos from a safe distance, showing where branches touch or rub the wire.
Electrical problems	Keep the park's electrical system and the electrical pedestal at your space safe and working.	Outages (dates and times), sparking, scorch marks, exposed wires, damaged pedestals.
Gas and water	Keep the park's gas and water lines and the risers at your space safe. Every space needs drinking water at adequate pressure, with a shutoff valve.	Leaks, gas smells (call SDG&E or 911 first), low water pressure, discolored water.
Overgrown landscaping, dead brush, weeds	Keep weeds, dead brush and dry debris out of common areas. Dry, overgrown plants are a fire hazard. Landscaping spilling onto the sidewalk or street is a City problem too.	Wide shots and close-ups, inside the park and along the outside edge and sidewalks.
Fences and walls being pushed over	Keep up common areas and the park's own structures, including walls and fences it owns.	Leaning, cracked or fallen sections, and what's pushing on them (bushes, roots).
Rats, pests, trash and dumping	Keep the park clean, with covered trash containers. Rat nesting spots, infestations and piled-up debris are health violations.	Overflowing bins, droppings, burrows, junk piles, and the dates you saw them. Video of live rats is best: the state inspector cites the park only if rats are present during the visit.
Roads and dark streets	Keep roads open with clear access to the public street. Light all roads and walkways at night.	Potholes, blocked lanes, burned-out lights (take night photos).
Fire hydrants	The park's hydrants must work, have caps, and keep 3 feet clear around them.	Blocked, damaged or missing caps.
Repairs that never happen	Fix a breakdown as soon as possible if it affects health or safety, and within 30 days otherwise.	When it broke, when you reported it (in writing), and when, or whether, it was fixed.

Quick checks: what every park must post or provide

A valid state permit to operate.
Street name signs on every park street.
The state's Mobilehome Assistance Center sign.
Emergency phone numbers posted (fire, police, park office, person in charge, state agency).
An emergency plan, and a yearly notice telling you how to get a copy.
A manager who has completed the state-required training.
The owner's name, address and phone within 10 business days of a written request.
Written notice of the park's zoning or use permit and any expiration date.

2. Money: fees and bills

Issue	The rule
Space fee increase	At least 90 days' written notice.
Charges	Only space fees, utilities, and reasonable charges for services actually provided. New service charges need 60 days' notice and their own line on the bill.
Fees that aren't allowed	No fee for a lease of 12 months or less; for short-stay guests; per family member; for a pet unless the park provides pet facilities; just for enforcing rules; to move in or hook up; or to sell your home unless the park did a service you asked for in writing.
Common areas	No charge to use common areas open to all residents, and that includes a deposit (even a refundable one) to use the clubhouse.
Park's fines and legal costs	The park can't pass its own fines, penalties or court losses on to you.
Security deposit	No more than 2 months' space fee, and only at move-in. After 12 months of on-time payments, ask in writing: the park must refund it within 30 days.
Gas and electric bills	If the park bills you for gas or electricity through its own meters, it can’t charge you more than SDG&E would if you bought directly from SDG&E. Every bill must show your opening and closing meter readings with dates, the rates you were charged, the total, and the number of days billed. A bill that shows only a total is missing what the law requires. Bill look wrong? ↓
Water and utility bills	Bills show meter readings and the billing company's contact information. Water charges cover only your own use plus a small capped fee, never common-area water. If the park starts billing a utility separately, your space fee must go down by the same amount. If your meter is picking up common-area use, the park must tell you and fix it or pay you back.
Government fees and taxes	Government fees passed on to you must be separate line items with an end date, and must go down when the fee goes down. Park owners can pass their property taxes on to homeowners.
Liens and propane	No lien on your home unless you agree. Propane sold by the park: no more than 10% over the park's cost, with its cost posted.

Utility bill look wrong? File a free complaint with the County

San Diego County’s Weights & Measures office checks the gas, electric and water meters that parks use to bill homeowners. Parks must register their meters with the County every year and have them tested. A complaint can lead to a lab test of your meter and a check that the park bills at SDG&E’s rates.

Watch for: a bill that jumps with no change in how you use utilities; a bill while you were away or had your power or gas shut off; a bill with no meter readings; a “mistake” the office fixes only after you complain.
Before you file: pull your three most recent bills in a row, plus any bill in question. Write down when you asked the office about it, who you spoke with, and what they said.
The form: Submeter Complaint Form (PDF) · Spanish form and other options. Check every box that fits: inaccurate meter, misread meter, billing error.
Send it with copies of your bills to wm.awm@sdcounty.ca.gov, or call (858) 694-2739.
One form per household. When several neighbors file around the same time, the County sees a pattern, not a one-off.
Tell us too. Send a copy to mhpaction@gmail.com so we can track what the County finds across the parks.

3. Your home, your lease

You can't sign away these rights. A lease clause that tries is void.
You get a signed copy of your lease within 15 business days.
You must be offered a 12-month lease.
The park can't enter your home or enclosed shed without your written consent, except in an emergency.
Towing from your space needs a 7-day notice on the windshield naming the rule broken (safety emergencies aside).
Planned utility shutoffs over 2 hours need 72 hours' written notice.
Clubhouse, pool and common areas must be open at reasonable hours, with hours posted.
Rule changes need 10 days' notice of a meeting, then your consent or 6 months' notice. A rule that adds a new fee is void.
A park rule can't force you into arbitration or take away a jury trial.
The park can't block permitted ramps or handrails, and in most parks can't ban solar.
Notices come in person or by mail; email only if you signed a separate consent.
The park can end your tenancy only for a reason the law lists, with 60 days' written notice and specific facts. For a rule violation, you first get written notice and 7 days to fix it.

4. Selling your home

You may put a for-sale sign in your window and list your home. The park can't ban a sale or make itself your agent.
The park can't show or list your home without your written permission.
During your lease, the park generally can't make you move your home out when you sell.
Required repairs before a sale: only outside repairs the law requires, on a written list within 15 business days of your request. More ↓
Buyer approval: standards within 15 days; a decision within 15 business days after the buyer turns everything in. No tax returns.
Your lease can't give the park first dibs on buying your home.
Heirs can sell the home in place.
Write down any fee the park quotes for your buyer, and the date. If the buyer’s fee changes close to closing, write down the old number, the new one, and when you were told.
The park can’t require you to sell through the park or use its agent. If the park offers to buy your home, get an independent value from a real estate agent before you sign anything, and tell us.

Repair demands when you sell: what the park can and can’t require

Only outside repairs the law requires. The park can require a repair only if it’s to the outside of your home or a shed, porch or other structure you own, and it’s required by a state law, a local ordinance, or a park rule that carries one out. It can’t demand inside work, and it can’t demand things just because it would like them done.
Ask for the list in writing, right away. Once you ask in writing, the park has 15 business days to give you a written list that names the specific rule or law behind each item. If it doesn’t, it loses the right to require repairs before the sale, except health and safety items.
“Nobody said anything for years.” The law doesn’t say the park had to raise a problem earlier, so waiting isn’t automatically illegal. But a problem the park never mentioned for years, then demanded the day you decided to sell, is worth questioning: Was it ever a violation? Was it there when the park approved you as a buyer? Was it allowed under the permit when your home was installed? Keep any record that shows how long the condition has been there.
Keep everything: your written request and the date you sent it, the park’s list and the date you got it, contractor estimates, and photos.

Facing repair demands to sell? Email us or call (760) 456-5077 before you pay for anything.

5. Meeting, organizing and speaking up

You can meet in the park, including the clubhouse when it isn't in use, with no fee or deposit. You can invite officials and candidates, go door to door, and hand out information.
Ask management in writing for a meeting on rules, maintenance, services, leases or utility billing: they must meet with you within 30 days.
Retaliation is against the law. If your space fee jumps, services are cut, or you're threatened after you organize or complain, write it down right away (date, what happened, who) and tell us.

How to document and give notice

Photo or video, with something for scale.
Date, time and place (space number or "by the clubhouse").
Keep every paper: notices, bills, letters, lease, rules.
Tell the park in writing. Sign it, say exactly what's wrong and what you want done, and keep a copy with the date you delivered or mailed it.
For common-area problems, the law requires written notice at least 30 days before going to court. One neighbor's notice about a park-wide problem counts for everyone.
Stick to what you saw. Accurate beats dramatic. Stay calm and polite.

Who to call

Problem	Where it goes
Power line problems, sewer, drainage, and other health and safety problems inside the park	State of California HCD, Health & Safety (mobilehome park inspections) · 1-800-952-8356 · hcd.ca.gov/mmh/mac/submit-complaint. A state complaint also counts as written notice to the park.
Rats in common areas	HCD Health & Safety will come out, but cites the park only if rats are present while the inspector is there. Report while the rats are active, and send dated video. San Diego County Vector Control also inspects: (858) 694-2888 · vector@sdcounty.ca.gov
Utility bills and meters (gas, electric, water): high bills, missing meter readings, billing errors	San Diego County Weights & Measures · wm.awm@sdcounty.ca.gov · (858) 694-2739 · how to file
Fees, notices, rules, leases, selling	HCD Mobilehome Assistance Center · 1-800-952-8356 · MHAssistance@hcd.ca.gov
Standing water and mosquitoes	San Diego County Vector Control · (858) 694-2888
Trees touching SDG&E-owned power lines	SDG&E · 1-800-411-7343 (free inspection and trimming). Gas smell or downed line: leave the area and call 911.
Overgrown landscaping on the public sidewalk or street outside the park	City of Encinitas Code Enforcement · MyEncinitas app or encinitasca.gov · (760) 633-2688
Dry brush or weeds that are a fire hazard	Encinitas Fire Prevention · (760) 633-2820 · fireprevention@encinitasca.gov
Sewage running into a street or storm drain	City of Encinitas Clean Water hotline · (760) 633-2787

Please share what you find

Fill out the park surveys as soon as you can. Email photos, with the date and place, to mhpaction@gmail.com, or call (760) 456-5077.

This page is general information, not legal advice. For your own situation, talk with a California attorney.