Legal Question in Real Estate Law in California
Mobile Home Park Resident Managers
What is the law as it pertains to resident managers for mobile home/manufactured home parks? 1-How many homes must there be to REQUIRE a resident manager? 2-What is the typical or legal compensation - minimum/maximum? IE, free rent/utilities/monetary compensation. Thank you very much!
2 Answers from Attorneys
Re: Mobile Home Park Resident Managers
You are looking for Health & Safety Code section 18603. You can look it up by following this link: www.leginfo.ca.gov and browsing the Health and Safety Code. The section provides essentially that in all parks (regardless of number of spaces) there shall be someone available telephonically at all times to respond to an emergency. For parks over 50 spaces, the person (or his designee) must reside in the park, and s/he must have knowledge of the emergency procedures for utility systems and common facilities owned and controlled by the park owner.
As for legal compensation, that's really more of an employment question, best directed to an employment attorney. As I understand it, essentially the reasonable value of "free rent/utilities" can be counted towards the State's minimum wage requirements (which the park manager must be paid at least the minimum wage by virtue of the total of monetary compensation AND free rent/utilities). For most park managers, they get free rent and utilities and some cash compensation - mostly dependent upon their qualifications, experience and the size of the park they are managing. The cash compensation also depends upon the reasonable value of their accomodations - if rents are super low, then there will obviously have to be more cash. There are some very complex employment tax issues associated with non-cash compensation, so I strongly encourage you to consult with an employment attorney. Additionally, I recall recently reading a brief about an appellate case in which the court found that "on-call" time was not "on-duty" time - in other words the time a manager is "off-duty" but on call is not considered time for which s/he must be compensated, except when they actually have to respond to an on-call emergency. You should not rely upon the foregoing, you need to consult with an expert in the employment field before making any decisions.
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Re: Mobile Home Park Resident Managers
I am unaware of any law that answers these questions. Except, minimum wage laws, and the ramifications when premises are provided can be discussed with the CA Dept of Labor.