California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 2 — Estates in Real Property, Chapter 2.5 — Mobilehome Residency Law, Article 4 — Utilities, Section 798.43

(a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall disclose to the homeowner any condition by which a gas, water, or electric meter on the homeowner’s site measures gas, water, or electric service for common area facilities or equipment, including lighting, provided that management has knowledge of the condition.

Management shall disclose this information prior to the inception of the tenancy or upon discovery and shall complete either of the following:

(1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner’s meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991.

(2) Discontinue using the meter on the homeowner’s site for the utility service to the common area facilities and equipment.

(b) On and after January 1, 1994, if the electric meter on the homeowner’s site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner’s site, management shall be required to comply with subdivision (a).

Notes

Requires management to disclose any known condition where a homeowner's own gas, water or electric meter also measures service for common area facilities or equipment, before the tenancy starts or on discovery. Requires management to either compensate the homeowner for that common area share accruing on or after 1 January 1991, or stop using the meter for it.

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