SB 1190: Mobilehomes: solar energy systems.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system, but allows for reasonable restrictions thereof.

This bill would make any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system, as defined, on the mobilehome or the site, lot, or space on which the mobilehome is located void and unenforceable. The bill would make it unlawful for the management or the ownership to prohibit or restrict a homeowner or resident from installing or using a solar energy system on the home or the site, lot, or space on which the mobilehome is located or to take other specified actions in connection with the installation or use of a solar energy system, except as specified. The bill would exempt imposition of reasonable restrictions on solar energy systems, as defined. The bill would require a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities. The bill would make any entity that willfully violates these provisions in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park liable to the homeowner, resident, or other party for actual damages occasioned thereby, and for a civil penalty paid to the homeowner, resident, or other party in an amount not to exceed $2,000.