2002 FEBRUARY - Laserfiche WebLink

6.60.060 such deposits in fact earned greater interest, then actual interest earned shall be used); plus c. Income from utilities (to the extent the charges are not deemed rent), laun- dry facilities, cleaning fees or services, garage, storage and parking fees; plus d. All other income or consideration received or receivable for or in connec- tion with use or occupancy of mobile- home/mobilehome spaces and related services; minus e. Actual uncollected rents due to va- cancy and bad debts to the extent that same are beyond the park owner's con- trol. Where uncollected rents must be estimated, the average percentage of the preceding three (3) years' experience shall be used or another comparable and reliable method. 3. Operating expenses shall include and exclude the following: a. The following may be included as operating expenses: (1) Utility costs, including water, sewer and refuse, to the extent that such costs are included in space rent; provided, however, that there shall be no pass through of the cost to maintain or rehabilitate utilities if the park owner is accepting a rebate from the utility company for that purpose. (2) Management expenses including the compensation of administrative personnel, including the value of any mobilehome space offered as part of compensation for such services, reason- able and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses; provided, how- ever, asset management fees shall be excluded. (3) Repair and maintenance expens- es, including painting, cleaning, fumi- gation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appli- ances, drapes, carpets, furniture, pool, laundry, and recreational equipment. (4) Employee salary and benefits and owner performed labor upon documen- tation provided showing the date, time and nature of the work performed. There shall be a maximum allowable expense for this subsection B3a(4) of five percent (5%) of gross income, unless the owner documents additional expenses for the benefit of residents. (5) Legal expenses which include at- torney fees and costs incurred in con- nection with good faith attempts to recover rents owing, good faith unlaw- ful detainer actions not in derogation of applicable law, to the extent such ex- penses are not recovered from resi- dents, compliance with the mobilehome residency law, and all other legal costs directly related to the operation, main- tenance and improvement of the park and legal costs related thereto. Attorney fees and costs incurred related to pro- ceedings under this chapter are not allowable as operating expenses. No other attorney fees are allowable. Own- ers shall bear the burden of production and proof of the amount and purpose of such fees including rate per hour and hours spent. Fees which are clearly excessive in relation to customary and reasonable rates shall be disallowed. (6) Operating supplies such as jani- 192-49 (Pleasanton February 2002)