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1. Residents that are lower income, as defined in Health and Safety Code <br />Section 50079.5, may not have their preconversion monthly rent raised more <br />than the average rent increase in the four years immediately prior to <br />conversion or the Consumer Price Index for the most recently reported <br />period, whichever is/ess <br />2. Residents that are not lower income, as defined in Health and Safety Code <br />Section 50079.5, may have their rent: increased to market levels in equal <br />annual increases over afour-year period. The market rent survey shall be <br />conducted in accordance with natiom311y recognized professional appraisal <br />standards. (Government Code Section 66427.5) <br />After a parkowner/subdivider secures local approval, then they must make an <br />application to the Department of Real Estate (DRE) for a public report consisting of a <br />notice of intention, a reserve study and budget,, and a completed questionnaire on a <br />form prepared by the department. <br />(Business and Professions Code 11010) <br />However, prior to making an application to DRE: the subdivider of a mobilehome park <br />must disclose in writing to homeowners and residents of the park the tentative price of <br />the subdivided interest proposed to be sold or leased. <br />(Business and Professions Code 11010.9) <br />MOBILEHOME PARK BECOMES CONDOMIIJM PROJECT <br />As the California legislative scheme has evolved, a condominium can be created for <br />virtually any type of real estate interest or structure. Formerly, the condominium <br />statutes stated that the separate interest portion of the condominium had to be within a <br />building. This was eliminated with the adoption of the Davis-Sterling Common Interest <br />Development Act (Civ. Code, section 1350 et seq.). <br />After the subdivision application is approved at the local level, a detailed condominium <br />plan is prepared by a project engineer. The plan details the specific dimensions and <br />boundaries for each individual unit as well as all common areas. The condo plan is the <br />main documentation under which the condo units are offered for sale. This document is <br />approved by the DRE and subsequently recorded. After the public report is issued by <br />the DRE, then the mobilehome park becomes a condominium project. The <br />condominium project now must abide by the statutes in the Davis-Sterling Act, the body <br />of law which regulates the operation and fiduciary requirements of a condominium <br />project. <br />(sf;sf/168798_LDOC/012009/4640.001] <br />