Sometimes, the law of unintended consequences applies to the Mobilehome Residency Law. Despite the coronavirus, park owners have a duty, under state law, to keep facilities open at reasonable hours. The hours must be posted. The duty cannot be waived. Owners owe residents a duty to keep the facilities open.
Civ. Code §798.24 — “Each common area facility shall be open or available to residents at all reasonable hours . . ”
Closing down a facility may rresult in a service reduction claim. Some owners are temporarily closing anyway. At least one resident is claiming he is entitled to a rent reduction due to the resulting service reduction. A rent reduction may violate compulsory/repressive rent ceilings. The amount of the rent reduction, as in the case of a habitability claim, is likely governed by determing the portion of the rent which is related to the per diem value of the enjoyment for the hour(s) actually used, the number of days in a month actually used, the inconvenience of driving to the substitute facility actually visited.
In lieu of closing, owners should comply with the spirit of Civ. Code §798.24 and allow residents the free choice to visit and risk exposure. Since owners cannot prevent entry by residents and their companions, guests and invitees, owners cannot possible assess the level of risk posed. Management cannot stop a resident from visiting the facilities.
A warning notice might be suggested:
“Management is required by the Mobilehome Residency Law to make common facilities available. Management is not lawfully permitted to inquire respecting any disability, condition or illness before residents visit common facilities. Management has no knowledge or awareness whether the facilities have been or will be visited by persons who pose any risk. Management recommends all defer visiting the facilities until further notice due to well-publicized public health risks. Exercise of care for personal safety is strongly advised. Precautions are the sole responsibility of residents, their families and guests. Management is not liable for visitation of common facilities.”
Call me with any questions.