California Codes

Cal. Civil Code § 798.84 (2026)

Actions, Proceedings, and Penalties

✓ current as of May 2026
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(a)No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.

(b)The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park.

(c)The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.

(d)For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.

(e)If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.

(f)This section does not apply to actions for personal injury or wrongful death.

Notes of Decisions
Cited in 3 cases, 1993–2014 · leading case: Rubin v. Green, 847 P.2d 1044 (Cal. 1993).
Rubin v. Green, 847 P.2d 1044 (Cal. 1993). · cites it 2× “The latter provision includes a requirement that before an action for the alleged failure to maintain common park facilities or levels of service — a so-called "failure-to-maintain" suit — is instituted by park residents, 30 days written notice of the intention to file such an…”
Edwards v. Marin Park, Inc., 356 F.3d 1058 (9th Cir. 2004). “The nuisance and emotional distress claims were dismissed with prejudice, the former for failure to comply with a statutory notice requirement, see Cal. Civil Code § 798.84 , the latter because the conduct as alleged was insufficiently outrageous, as a matter of law, to state a…”
Willow Bend v. City of Holtville CA4/1 (Cal. Ct. App. 2014). “" (Civ. Code, § 798.84, subd. (a).) "The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance.”
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