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10A Action 2019 0304
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10A Action 2019 0304
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2/26/2019 7:58:49 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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<br />ii. Management expenses. It shall be presumed that management expenses <br />increase by the percentage increase in Rents or the CPI, whichever is greater, <br />between the Base Year and the prior year unless the level of management <br />services has either increased or decreased significantly between the Base <br />Year and the prior year. <br /> <br />iii. Utility costs, except where the consideration of the income associated with <br />the provision of the utility service is regulated by state law and consideration <br />of the costs associated with the provision of the utility service is preempted <br />by state law. <br /> <br />iv. Real property taxes attributable to the Base Year or prior year regardless of <br />when actually paid. <br /> <br />v. License and registration fees required by law to the extent these expenses are <br />not otherwise paid or reimbursed by Mobilehome Owners. <br /> <br />vi. Park Owner-performed labor compensated at reasonable hourly rates. No <br />Park Owner-performed labor shall be included as an operating expense <br />unless the Park Owner submits documentation showing the date, time, and <br />nature of the work performed. There shall be a maximum allowed under this <br />subsection of five percent of gross income unless the Park Owner shows <br />greater services were performed for the benefit of the Mobilehome Owners. <br /> <br />vii. Legal Expenses incurred (1) in connection with successful good faith <br />attempts to recover Rents owed, (2) pursuit of rights under or in relationship <br />to this Article, including Legal Expenses incurred in the course of pursuing <br />successful Fair Return Applications, (3) under unlawful detainer actions not <br />in derogation of applicable law and, when incurred in the normal operation <br />of the Park, to the extent such expenses are not recovered from adverse or <br />other parties. <br /> <br />viii. Interest Allowance on Amortized Expenses. <br /> <br />b. Exclusions from Operating Expenses. Operating expenses shall not include the <br />following: <br /> <br />i. Mortgage principal or interest payments or other debt service costs. <br /> <br />ii. Penalties, fees or interest assessed or awarded for violation of any provision <br />of this Chapter or other provisions of law. <br /> <br />iii. Land lease expenses. <br /> <br />iv. Political contributions and payments to organizations which are substantially <br />devoted to legislative lobbying purposes. <br /> <br />v. Depreciation. <br /> <br />vi. Expenses for which the Park Owner has been reimbursed by any utility <br />rebate or discount, security deposit, insurance settlement, judgment for <br />damages, settlement or any other method or device. <br /> <br />vii. Unreasonable increases that deviate substantially from the historical average
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