According to California Mobilehome Residency Law, Section 798.37.5(c), driveways that have been installed by the park owner are solely the responsibility of the park owners. The section reads as follows:
"Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner's responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section."
Roughly put, if you installed your driveway, you pay for repairs, replacement, etc. If you cause your driveway to be damaged, regardless of who installed it, you pay for repairs, replacement. In all other cases, the park owner is responsible for the cost of driveway work. The caveat to this section is: Who pays for a driveway if a home is being placed on an empty lot? The MRL is vague in this area of responsibility and cannot be relied upon for defense.
A little known section of the Escondido Municipal Code (Section 29-45[a-c]) addresses the responsibility of driveways and answers the questions concerning who is responsible for installing driveways on empty lots. The sections read as follows:
- Sec. 29-45. Capital improvements not to be required as condition of residency.
- (a) It is unlawful for any park owner or representative of a mobilehome park owner to require that capital improvements be installed by an existing or prospective tenant as a condition of residency in the mobilehome park.
- (b) For purposes of this section, the term "capital improvements" means driveways, garages, sheds, curbs, gutters, sidewalks or any other improvement which results in permanent alteration to the property and which is not subject to removal, or which is not removable at the time the tenancy in the mobilehome park terminates.
- (c) A violation of this chapter is a misdemeanor and shall be punishable as provided in Section 1-13 of the Escondido Municipal Code. A violation of this chapter is also deemed to be a public nuisance, and may be abated in an action commenced by the city attorney in any manner authorized by law. (Ord. No. 90-12, ยง 1, 3-28-90)
