Q: Can the park manager force residents to pay for maintenance or removal of a tree on their space and for maintenance of their driveway?
A: It depends on the facts of the case. The “tree and driveway” issue has been subject to major debate for years. The park owner is responsible for maintenance or removal of a tree on the homeowner’s space only if it is a hazard or constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). (Civil Code §798.37.5) Homeowners may have to pay a fee for an inspection where there is a dispute between the park and the homeowner over the tree and where the homeowner requests an inspection by HCD or the local enforcement agency. Inspectors have wide discretion in this regard, and if the inspector does not find a violation, the homeowner may end up having to pay to remove the tree anyway.
With regard to driveways, the park owner is responsible for maintenance unless the homeowner has damaged the driveway or the driveway was homeowner installed. Legal counsel has suggested, however, that Civil Code Sec. 798.37.5(c) seems to leave open the question whether a current homeowner is responsible for maintenance of a driveway installed by a prior homeowner, arguing that such a prior installed fixture belongs to the park.
Recap:
- If the signed lease or rental agreement makes the homeowner responsible, then the homeowner must pay.
- If there is no stipulation of responsibility in the lease agreement, then the park is only responsible if it is a health and safety hazard.
- Driveways may be the responsibility of park unless the driveway was homeowner installed or damaged by the homeowner.
Source: California Department of Housing & Community Development (HCD)
