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§ 5511. Definitions.

25 CA ADC § 5511BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 5. Registration and Titling of Manufactured Homes, Mobilehomes, Multifamily Manufactured Home, Commercial Modular, Truck Campers, and Floating Homes
Article 1. Administration
25 CCR § 5511
§ 5511. Definitions.
The following definitions shall apply to the provisions of this chapter in addition to the definitions set forth in Health and Safety Code Sections 18001 through 18014.
(a) “Administrator” means a person appointed by the Superior Court, as documented by letter(s) of administration, to administer an estate and to dispose of any estate property when a person dies without a will.
(b) “Annual Registration Fee” means the fee required by Health and Safety Code Section 18114(a) that must be paid to the department annually for the renewal of the registration of each transportable section of a manufactured home, mobilehome, or commercial coach not installed as a real property unit or not otherwise subject to local property taxation.
(c) “Annual Renewal Fees” means the combination of three separate fees: (1) the annual registration fee; (2) the annual vehicle license fee: and (3) the annual Mobilehome Park Purchase Fund fee.
(d) “Annual Vehicle License Fee” means the fee required by Health and Safety Code Section 18115 that must be paid annually to the department for the renewal of the registration of a manufactured home, mobilehome, or commercial coach not installed as a real property unit. Annual Vehicle License fees are due per transportable section.
(e) “Application for Registration” means the appropriate documents, fees, and taxes required to report or amend the description, ownership, and/or location of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home.
(f) “California Resale License Number” means the account number issued by the Board of Equalization to a taxpayer.
(g) “Certificate of Title” means the titling document, issued by the department which evidences the registered owner of a unit and if applicable, all legal owners of a unit.
(h) “CF Number” means a permanent vessel registration number assigned by the Department of Motor Vehicles to vessels undocumented in accordance with the federal standards under the Department of Navigation and Ocean Development. In California, these numbers are prefixed by the letters “CF” followed by four numbers and a two-letter suffix (e.g., CF 1234 AB).
(i) “Chain of Ownership” means the documentation necessary to establish the succession of the ownership from the registered owner on the permanent title record through any subsequent owners to and including the new registered owner of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home.
(j) (Reserved)
(k) “Commercial Coach” has the same meaning as provided in Section 18001.8 of the Health and Safety Code. A commercial coach may consist of multiple transportable sections. For purposes of Chapter 5, “commercial coach” shall refer to each transportable section.
(l) “Company” means a corporation, partnership (general or limited), limited liability company or partnership, joint venture, sole proprietorship, or other form of business entity authorized by the laws of the State of California.
(m) “COMPRO” is an acronym for community property used in certain documents issued by the department.
(n) “Conservator” means the person appointed by the Superior Court as conservator of the estate for an audit, or the limited conservator of a developmentally disabled adult.
(o) “Co-owner” means two or more persons owning a interest in a unit as tenants in common, joint tenants, or as community property as more fully described in Health and Safety Code Section 18080.
(p) “Date of Sale or Lease” means (1) for sales or leases by or through a dealer, the date the transaction is completed as provided in Section 18080.5(e) of the Health and Safety Code and (2) for other sales or leases, the date the transferor of a unit has endorsed and delivered the titling document as provided in Section 18101 of the Health and Safety Code.
(q) “Dealer” means a person licensed by the department pursuant to Chapter 7 of the Health and Safety Code commencing with Section 18045.
(r) “Decal” means the tag issued by the department as described in Health and Safety Code Section 18092 or by DMV to indicate registration of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home.
(s) “DMV” is the abbreviation for the State Department of Motor Vehicles.
(t) “Emancipated Minor” means any person less than 18 years old who meets one or more of the following requirements:
(1) Who has entered into a valid marriage, whether or not such marriage was subsequently dissolved; or
(2) Who is on active duty with any of the armed forces of the United States; or
(3) Who has received a declaration of emancipation from a Superior Court pursuant to Section 7122 of the Family Code.
(u) “Encumber the Title” means to record a lien against a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home by the addition or change of a legal owner or junior lienholder.
(v) “Escrow Identifying Information” means the following: (1) the escrow file number (2) the escrow agent's name; (3) the escrow agent's address; (4) the escrow agent's telephone number; (5) the buyer(s) name(s); and if the transaction is by or through a dealer; (6) the selling dealer's name; (7) the selling dealer's license number; and (8) the selling dealer's address.
(w) “Estate” means the estate of a deceased person(s).
(x) “Executor” means a person appointed as the executor of an estate by a Superior Court and who has obtained Letters Testamentary.
(y) “Floating home” has the same meaning as in Health and Safety Code Section 18075.55(d).
(z) “Formal Title Search” means a computer printout provided by the department which includes descriptive data of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home and all current registered owner and legal owner information, and any subsequent issued notice of changes to that information that occurs within 120 days.
(aa) “Fully Exempt Agency” means the agency or person that qualifies a manufactured home, mobilehome, multifamily manufactured home, commercial coach, or truck camper for an exemption from registration fees, pursuant to Section 18076 of the Health and Safety Code.
(bb) “Guardian” means the person appointed by the Superior Court as the guardian of the estate for a minor.
(cc) “HCD” means the department as defined in Section 18002.8 of the Health and Safety Code.
(dd) “HCD Insignia” means the tab or tag issued by the department, as required by Section 18026 of the Health and Safety Code, to indicate compliance on the date of issue, with the department's safety and construction regulations.
(ee) “HUD Label” means the federal label required by Section 18026 of the Health and Safety Code to indicate compliance with the federal safety and construction standards.
(ff) “ILT Fee” is an abbreviation for In Lieu Tax Fee.
(gg) “Indian Reservation” means a tract of land set aside by the Federal government for use by Indian people or a tribe.
(hh) “Individual” means one natural person 18 years of age or over.
(ii) “Informal Title Search” means a computer printout provided by the department revealing the descriptive data of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home and all current registered owner and legal owner information.
(jj) “In Lieu Tax Fee” means the vehicle license fee described in Section 18115 of the Health and Safety Code.
(kk) “In Lieu Taxation” means the system of manufactured home, mobilehome, or commercial coach taxation that requires the payment of annual vehicle license fees pursuant to Section 18115 of the Health and Safety Code rather than local property taxation.
(ll) “Interest Group” means a person or group of persons who may be co-owners that share(s) an ownership interest in a unit one or more other persons who may also be co-owners.
(mm) “Inventory Creditor” has the same meaning as provided in Section 18035(b) of the Health and Safety Code.
(nn) “JTRS” is the acronym for “joint tenants.”
(oo) “Junior Lienholder Identifying Information” means the name and address of the junior lienholder.
(pp) “Lessor/Lessee” means a registered owner designation when the owner of a unit chooses to identify a lessee of the unit as the unit's registered owner.
(qq) “Legal Owner Identifying Information” means the name and address of the legal owner.
(rr) “Local Property Taxation” means the system of taxation established by Revenue and Taxation Code, Division 1, Part 13, (commencing with Section 5800) for manufactured homes, mobilehomes, or multifamily manufactured homes, not subject to in lieu taxation.
(ss) “Mailing Address” means the address provided to the department to which any correspondence or documents are to be mailed.
(tt) “Manufactured Home” means a structure as defined by section 18007 of the Health and Safety Code. For the purpose of Chapter 5, “manufactured home” shall include all transportable sections that comprise the manufactured home.
(uu) “Manufacturer Certificate of Origin” or “MCO” means the certificate described in Health and Safety Code 18093.
(vv) “Minor” means a person under 18 years of age that is not an emancipated minor.
(ww) “Mobilehome” means a structure as defined by section 18008 of the Health and Safety Code. For the purpose Chapter 5, “mobilehome” shall include all transportable sections that comprise the mobilehome.
(xx) “Moratorium” means a temporary suspension of the manufactured home, mobilehome, multifamily manufactured homes, commercial coach, truck camper, or floating home record. This suspension will disallow any transfer of interest or the issuance of a certificate of title or registration card.
(yy) “Multifamily Manufactured Home” means a structure as defined by section 18008.7 of the Health and Safety Code. Multi-unit manufactured housing has the same meaning as “multifamily manufactured home”, as that term is defined by section 18008.7 of the Health and Safety Code. For the purpose Chapter 5, “multifamily manufactured home” shall include all transportable sections that comprise the multifamily manufactured home.
(zz) “Nonresident Unit” means a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home previously located in another state and brought into the State of California.
(aaa) “Normal Signature” means any signature that involves one or more of the following circumstances:
(1) The use of the first, middle, and last name.
(2) The use of an initial in place of a first or middle name.
(3) The use of a common abbreviation of a first or middle name.
(4) The omission of a middle name or middle initial, or
(5) The use of a signature that identifies the person as being the same person whose printed name appears on the document.
(bbb) “Original Registration” means the first time the appropriate documents, fees, and taxes are filed with the department to report the description, ownership, and location of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home and the required registration and titling documents are issued by the department.
(ccc) “Personal Property Taxation” means the system of taxation established by Revenue and Taxation Code, Division 1, Part 13, (commencing with Section 5800) for truck campers.
(ddd) “Perfected Lien Date and Time” means the date and time all required documents and fees required are received by the department to record a security interest acquired or retained on a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home.
(eee) “Rancheria” means the same as Indian reservation.
(fff) “Real Property Unit” means a manufactured home, mobilehome, multifamily manufactured home or commercial coach installed on a foundation system pursuant to Section 18551 of the Health and Safety Code or a manufactured home, mobilehome or multifamily manufactured home converted to a fixture and improvement to the underlying real property pursuant to Section 18555 of the Health and Safety Code.
(ggg) “Registered Owner Identifying Information” means the name(s) and address(es) of all registered owners.
(hhh) “Registration” means the recording by the department of the information contained in the application for registration.
(iii) “Registration Card” means the registration document issued by the department or by DMV that reflects ownership information and current registration status or the application for duplicate registration card which meets the requirements of Section 5551.
(jjj) “Resident” means any person who displays an intent to live in this state on more than a temporary or transient basis. A person's presence in the state for six months or more in any twelve-month period is recognized as proof of residence. Evidence of residence includes:
(1) Address where a person is registered to vote;
(2) A person's location of employment or place of business;
(3) A person's payment of resident tuition at a public institution of higher education;
(4) The attendance of a person's dependents at a primary or secondary school.
(5) A person's filing of a homeowner's property tax exemption;
(6) The rental or leasing of a home by a person for use as a residence;
(7) A person's declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident;
(8) A person's possession of a California driver's license;
(9) Other acts, occurrences, or events that indicate a person's presence in the state is more than temporary or transient.
(kkk) “Signed Under Penalty of Perjury” means a declaration or statement on which the following statement appears prior to the date, place of signing an the declarant's signature: “I/We certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”
(lll) “Sole Owner” means the registered owner of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home for which no legal owner or junior lienholder has been recorded.
(mmm) “Subject to Local Property Taxation” means a floating home or a manufactured home, mobilehome, multifamily manufactured home not subject to in lieu taxation, either by virtue of (i) the unit owner's voluntary election to be subject to local property taxation; (ii) the fact that the unit was first sold on or after July 1, 1980; or (iii) the fact that the unit owner's involuntary conversion to local property taxation as a result of a delinquency in the payment of in lieu taxes.
(nnn) “Substitute Decal” means a decal issued by the department to replace a decal that was previously issued by DMV or HCD.
(ooo) “Substitute Year Sticker” means a year sticker issued by the department to replace a year sticker previously issued by DMV or HCD.
(ppp) “Tax Type” means the method of taxation that a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home is subject to. The four tax types are; In Lien Taxation, Local Property Taxation, Personal Property Taxation, and Real Property Taxation pursuant to Section 229 of the Revenue and Taxation Code. Units may be exempt from any of these types of taxation.
(qqq) “TENCOM” is an acronym for “tenants in common” used by the department on certain documents.
(rrr) “TENCOM AND” is an acronym for “tenants in common,” with the names joined by “and” and used by the department on certain documents.
(sss) “TENCOM OR” is an acronym for “tenants in common,” with names joined by “or” and used by the department on certain documents.
(ttt) “Titling Document” includes the following:
(1) The Certificate of Title issued by the department.
(2) The Ownership Certificate, Certificate of Ownership, or Certificate of Title issued by the Department of Motor Vehicles.
(3) The title issued for a unit by a regulatory agency in another state, or
(4) An application for a duplicate certificate of title, which meets the requirements of 5550.
(uuu) “Transaction Date and Time” means the date and time that all required documents and fees required in an application for registration of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home are received by the department.
(vvv) “Transfer of Title” means an addition, change, or deletion of the registered owner, legal owner, or junior lienholder of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home.
(www) “Transfer on Death Beneficiary” (TOD Beneficiary) means an individual designated by the registered owner as the individual to succeed the registered owner as the registered owner of a unit, pursuant to Section 18080.2 of the Health and Safety Code.
(xxx) “Transporter's Bill of Lading” means a document listing and acknowledging receipt of goods for shipment.
(yyy) “True Name” means either (1) the first, middle, and last name of an individual or (2) a name that is sufficiently descriptive to identify the individual recorded by the department as the registered owner, legal owner, or junior lienholder of a manufactured home, mobilehome, multifamily manufactured home, commercial coach, truck camper, or floating home. The use of the acronym “AKA” (meaning also known as) followed by any other name by which the individual is known may also be used as part of the individuals true name. The use of complimentary or professional titles may be added to the true name only if the individual is commonly addressed by that title. For example, either Mary Ann Smith or Mary A. Smith could be used as the true name.
(zzz) “Trustee” means the person designated as the trustee in a trust agreement.
(aaaa) “Unit”, for the purposes of this chapter, means all the transportable sections of a manufactured home, mobilehome, or multifamily manufactured home; a truck camper or a floating home; and each transportable section of a commercial coach as defined in Section 18080.3 of the Health and Safety Code.
(bbbb) “Unit Identifying Information” means the following: (1) Each license plate number or decal number of a manufactured home, mobilehome, or multifamily manufactured home or the license plate number or decal number of a commercial coach, truck camper, or floating home; (2) the manufacturer's trade name of the unit, if any; and (3) each serial number of a manufactured home, mobilehome, or multifamily manufactured home or the serial number of a commercial coach, truck camper or floating home.
(cccc) “Use Tax” means the tax imposed upon the consumer of a manufactured home, mobilehome, or commercial coach, as specified in the Sales and Use Tax Law, Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(dddd) “Warehousemen's Lien” has the same meaning as provided in Section 7209 of the Commercial Code.
(eeee) “Year Sticker” means the sticker issued which displays the year of registration expiration issued by the department after payment of annual renewal fees for a manufactured home, mobilehome, or commercial coach.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18001.8, 18002.8, 18007, 18008, 18008.7, 18026, 18035(b), 18075.55(d), 18076, 18076.5, 18080, 18080.1, 18080.2, 18080.3, 18080.5, 18085, 18090.5, 18092, 18093, 18100.5, 18101, 18114, 18115, 18551 and 18555, Health and Safety Code.
HISTORY
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).
2. Change without regulatory effect amending section filed 7-14-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).
This database is current through 1/14/22 Register 2022, No. 2
25 CCR § 5511, 25 CA ADC § 5511
End of Document