A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this section. mobile home park. 723.025 Park owner's access to mobile home and mobile home lot. The notice must identify all other affected homeowners, which may be by lot number, name, group, or phase. The manner of collecting from the members their shares of the expenses for maintenance of the park property shall be stated. Failure to make such payment within the required time period shall result in a late fee being imposed. 3390 Gandy Boulevard North, Lot 652, St. Petersburg. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. 93-160; s. 932, ch. A mobile home lot rental agreement may provide a specific duration with regard to the amount of rental payments and other conditions of the tenancy, but the rental agreement shall neither provide for, nor be construed to provide for, the termination of any tenancy except as provided in s. 723.061. For real solutions to your 97-102. The cost of such programs shall be borne by the providers of the programs. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the mobile home owners to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the mobile home park. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds 30 minutes and if the personnel costs do not exceed $20 per hour. Upon the conclusion of the mediation, the mediator shall notify the division that the mediation has been concluded. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to: That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities; That the subject mobile home park has unique attributes that are shared with similar mobile home parks; That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or. and Florida Statute 513 . 88-147; s. 30, ch. 91-202; s. 923, ch. The homeowner shall have no financial obligation to the park owner as a condition of occupancy in the park, except the lot rental amount. A speaker shall be used so that the conversation of those board or committee members attending by telephone may be heard by the board or committee members attending in person, as well as by members present at a meeting. Florida Mobile Home Relocation Trust Fund. Written notification in the absence of a prospectus. For a park in which there are 151-200 lots: $250. The provisions of ss. The word a following the word for was deleted by the editors. 97-102; s. 4, ch. The Mobile Home Park Tenant Violates the Rules and Regulations Governing the Mobile Home Park. The corporation shall periodically submit requests to the department for the transfer of funds to the corporation needed to make payments to mobile home owners under the relocation program. 723.037 and 723.038, the term parties means a park owner as defined in subsection (13) and a homeowners committee selected pursuant to s. 723.037. Committee Mobile Home Park Fee There may be additional fees involved in buying a Florida mobile home in a park. Division of Agriculture & Consumer Services (DACS)- 1-800-352-9832, DACSComplaints - DACS Tenant Complaint Website. An association shall use its best efforts to obtain and maintain adequate insurance to protect the association and the park property upon purchase of the mobile home park. 92-148. An invitee of a mobile home owner shall have ingress and egress to and from the home owners site without the home owner or invitee being required to pay additional rent, a fee, or any charge whatsoever. Notwithstanding the provisions of s. 723.075(1), upon purchase of the park by the association, and conversion of the association to a condominium, cooperative, or subdivision, the mobile home owners who were members of the association prior to the conversion and who no longer meet the requirements for membership, as established by the amended or restated articles of incorporation and bylaws, shall no longer be members of the converted association. 84-80; s. 918, ch. We have the experience and personal touch to guide you The defense of material noncompliance may be raised by the mobile home owner only if 7 days have elapsed after he or she has notified the park owner in writing of his or her intention not to pay rent, or a portion thereof, based upon the park owners noncompliance with portions of this chapter, specifying in reasonable detail the provisions in default. The physical location where programs will be available, if not web-based. In the event that an association acquires a mobile home park and intends to reconvey a portion or portions of the property acquired to members of the association, the association shall record copies of its articles and bylaws and any additional covenants, restrictions, or declarations of servitude affecting the property with the clerk of the circuit court prior to the conveyance of any portion of the property to an individual member of the association. Contact us online or call us today at (800) 896-3619 to speak with a lawyer for Florida mobile home parks. The park owner shall furnish a copy of the prospectus or offering circular together with all of the exhibits thereto to each prospective lessee. The park owner has, however, the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owners quiet enjoyment of the lot. If payment is not submitted within 90 days after receipt of the invoice, a 20-percent late fee shall be assessed. Any such contract shall control the rights, duties, and obligations of the parties to the extent of any inconsistency with the provisions of this act. An association organized under this chapter may offer subscriptions, for the purpose of raising the necessary funds to purchase, acquire, and operate the mobile home park, to its members or other owners of mobile homes within the park. Elections shall be decided by a plurality of the ballots cast. s. 1, ch. No rental agreement shall be offered by a park owner for a term of less than 1 year, and if there is no written rental agreement, no rental term shall be less than 1 year from the date of initial occupancy; however, the initial term may be less than 1 year in order to permit the park owner to have all rental agreements within the park commence at the same time. The MRL spells out the rights and obligations of the park owner/management and . If a . The park's homeowners association has filed suit, claiming that the new owners are obliged to provide a proper . All ballots must be uniform in appearance. Delivery shall be made prior to execution of the lot rental agreement or at the time of occupancy, whichever occurs first. No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile home within the park or mobile home subdivision; which prohibits the mobile home owner or the owner of a lot in a mobile home subdivision from placing a for sale sign on or in his or her mobile home (except that the size, placement, and character of all signs are subject to properly promulgated and reasonable rules and regulations of the mobile home park or mobile home subdivision); or which requires the mobile home owner or the owner of a lot in a mobile home subdivision to remove the mobile home from the park or mobile home subdivision solely on the basis of the sale thereof. This is the situation described above. No resale agreement shall be construed to be of perpetual or indefinite duration. We are located in Eastern Pasco County, Florida, just north of . The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulations, subject to the approval of the park owner, but such approval may not be unreasonably withheld. Misrepresent the size, nature, extent, qualities, or characteristics of the offered facilities. At Time of Permit Issuance. 723.061-723.0612. Javascript must be enabled for site search. Residents are responsible for making sure their guests comply. Thereafter, the homeowners association shall notify the park owner in writing by certified mail, return receipt requested, of any change of names and addresses of its president or registered agent. At the meeting, the board shall either certify the written agreement to recall members of the board, in which case such members shall be recalled effective immediately and shall turn over to the board, within 5 full business days, any and all records and property of the association in their possession, or shall proceed as described in subparagraph 3. Victims may also file a private lawsuit in the federal district court . The owner of the mobile home park must first deliver a seven-day notice to vacate, stating, with specificity, the laws violated and how said violations adversely affect the health, safety, or welfare of the other tenants of the mobile home park. A ballot may not indicate if any of the candidates are incumbent on the board. 84-80; s. 59, ch. 2011-105; s. 29, ch. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. Offering circular has the same meaning as the term prospectus as it is used in this chapter. The failure of an association to provide access to the records within 20 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection. Monthly fee is $595. If the park owner elects to offer or sell the mobile home park at a price lower than the price specified in her or his initial notice to the officers of the homeowners association, the homeowners association has an additional 10 days to meet the revised price, terms, and conditions of the park owner by executing and delivering a revised contract to the park owner. 723.027 Persons authorized by park owner to receive notices. Notwithstanding any other provision of this section, if an amendment to the articles of incorporation or the bylaws is required by any action of any federal, state, or local governmental authority or agency, or any law, ordinance, or rule thereof, the board of directors may, by a majority vote of the board, at a duly noticed meeting of the board, amend the articles of incorporation or bylaws without a vote of the membership. 86-162; s. 25, ch. 90-198; s. 22, ch. The Florida Mobile Home Act confirms that a mobile home owner has no financial obligation to a mobile home park owner except paying the lot rental. Either party may submit to the opposing party at least 10 days prior to mediation a written request for information. The association may charge up to 25 cents per page for copies made on the associations photocopier. Upon approval, the corporation shall issue a voucher in the amount of the contract price for relocating the mobile home. A copy of the bylaws of the association and each amendment to the bylaws. Assessments shall be made against members not less frequently than quarterly, in amounts no less than are required to provide funds in advance for payments of all of the anticipated current operating expenses and for all of the unpaid operating expense previously incurred. If the committee disagrees with a park owners lot rental amount increase based upon comparable mobile home parks, the committee shall disclose to the park owner the name, address, lot rental amount, and any other relevant factors relied upon by the committee, such as facilities, services, and amenities, concerning the comparable mobile home parks. 2015-90. 92-148. Chapter 723 Florida Statutes 2018 If you own your mobile home and the lot it sits on within a park, you reside in a resident-owned mobile home park. Call our Sarasota office today! Persons authorized by park owner to receive notices. There are two common types of mobile home leases. Judicial foreclosure are required in Florida to recover property . This subsection shall not be construed to prevent or inhibit the discovery or admissibility of any information which is otherwise subject to discovery or admission under applicable law or rules of court. Contain any asterisk or other reference symbol as a means of contradicting or substantially changing any statement previously made or as a means of obscuring a material fact. All tax returns, financial statements, and financial reports of the association. The failure on the part of a mobile home park owner or developer to disclose fully all fees, charges, or assessments shall prevent the park owner or operator from collecting such fees, charges, or assessments; and a refusal by the mobile home owner to pay any undisclosed charge shall not be used by the park owner or developer as a cause for eviction in any court of law. to accept the animal into the housing. 93-150. Notice of any meeting in which dues are to be considered for any reason shall specifically contain a statement that dues will be considered and the nature of such dues. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. for H.B. Publication of false or misleading information; remedies. The mobile home residency law (mrl) is the 'landlord-tenant law' for mobilehome parks, found in The California Civil Code. The method by which the articles of incorporation and bylaws may be amended consistent with the provisions of this chapter shall be stated. Accurate, itemized, and detailed records of all receipts and expenditures. A park developer may also buy down rentals on the initial rental agreement of a mobile home lot, and such buy-downs may be split between the owner of a developing park and the dealer. The department shall process requests that include such documentation, subject to the availability of sufficient funds within the trust fund, within 5 business days after receipt of the request. Notwithstanding any other provision of this chapter or of any local law, ordinance, or code: If a unit of local government finds that a violation of a local code or ordinance has occurred, the unit of local government shall cite the responsible party for the violation and enforce the citation under its local code and ordinance enforcement authority. 86-162; ss. The directors of the association and the operation shall be governed by the bylaws. The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. Ask about a homeowner association and what f. It takes more than luck to make a wise investment when you are looking to purchase a mobile home. The division has authority to adopt rules pursuant to ss. Notice by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal. 2020-27. Section 12 of H.B. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information. Any party, however, may initiate an action in the circuit court to enforce a resolution or agreement arising from a mediation proceeding which has been reduced to writing. 85-62; s. 14, ch. All other notices may be by regular mail, and will, for purposes of calculation of time, be considered delivered 5 days after the date postmarked. 94-218; s. 912, ch. For a park in which there are 201 or more lots: $300. A statement describing the existing zoning classification of the park property and permitted uses under such classification. In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures. That should get you to the . The division must provide the executive director of the Florida Mobile Home Relocation Corporation with a copy of the notice. At the meeting, the park owner or subdivision developer shall in good faith disclose and explain all material factors resulting in the decision to increase the lot rental amount, reduce services or utilities, or change rules and regulations, including how those factors justify the specific change proposed. Financial records means any financial information which is owned or controlled by the mobile home park owner and is not otherwise required to be filed with the division under other sections of this chapter. Upon the foreclosure of the lien for unpaid purchase price and sale of the mobile home, the owner of the mobile home must qualify for tenancy in the mobile home park in accordance with the rules and regulations of the mobile home park. A method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the park property. This section does not apply to a park owner who is regulated pursuant to chapter 367 or by a county water ordinance. At all times comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot. 84-80; s. 3, ch. No advertising materials or oral statement made by any developer, park owner, or mobile home dealer shall: Misrepresent a fact or create a false or misleading impression regarding the mobile home or mobile home park. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of all the mobile home owners in all matters relating to this chapter, regardless of whether the homeowner is a member of the association. 723.024 Compliance by mobile home park owners and mobile home owners. If the corporation is a party in any other action, venue for such action shall be in Leon County. The Edwards Law Firm, PL. However, HOA fees vary from one Florida community HOA to another. 94-170; s. 927, ch. 2003-263; s. 26, ch. The mobile home owner is not entitled to any compensation under this subsection if there is a pending eviction action for nonpayment of lot rental amount pursuant to s. 723.061(1)(a) which was filed against him or her prior to the mailing date of the notice of change in the use of the mobile home park given pursuant to s. 723.061(1)(d). Mobile home park living is quickly becoming a top choice for our aging population and for good reason - there are many advantages of living in a mobile home park. 2003-263; s. 2, ch. A committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence. When the mobile home owner has deposited funds into the registry of the court in accordance with the provisions of this section and the park owner is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income from the premises, the park owner may apply to the court for disbursement of all or part of the funds or for prompt final hearing, whereupon the court shall advance the cause on the calendar. FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. All land used as a mobile home park shall be located on well-drained sites of ample size, free from heavy or dense growth of brush or weeds; the land shall be free from marsh and shall be graded to ensure rapid drainage during and following rain. Mobile home owner, mobile homeowner, home owner, or homeowner means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. s. 1, ch. Any party acquiring an interest in a mobile home park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owners compliance with the provisions of s. 723.071. s. 1, ch. If any provision of this chapter is held invalid, it is the legislative intent that the preemption by this section shall no longer be applicable to the provision of the chapter held invalid. All rights reserved. (2) pose an undue financial and administrative burden; or Other provisions not inconsistent with this chapter or with other documents governing the park property or mobile homes located therein. A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds: Nonpayment of the lot rental amount. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. If sufficient funds become available, the corporation shall pay the claimant whose unpaid claim is the earliest by time and date of approval. A mobile home park owner shall at all times: Comply with the requirements of applicable building, housing, and health codes. 98-200; s. 1895, ch. 2001-227; s. 8, ch. Change in use; relocation expenses; payments by park owner. Payments to the Florida Mobile Home Relocation Corporation. Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. 1421 1, 1969). The purchaser of the mobile home may cancel or rescind the contract for purchase of the mobile home if the purchasers tenancy has not been approved by the park owner 5 days before the closing of the purchase. At mediation, the park owner and the homeowners committee may supplement the information provided to each other at the meetings described in subsection (4) and may modify their position, but they may not change the information provided to each other at the first and second meetings. However, this requirement does not authorize the release of the names, addresses, or other private information about the homeowners to the association or any other person for any other purpose. In the event of eviction for a change in use, homeowners must object to the change in use by petitioning for administrative or judicial remedies within 90 days after the date of the notice or they will be barred from taking any subsequent action to contest the change in use. Notwithstanding this section, members may vote in person at member meetings or by secret ballot, including absentee ballots, as defined by the division. Within 45 days after the date of mailing of the notice, the homeowners association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. Lifetime leases and the renewal provisions in automatically renewable leases, both those existing and those entered into after July 1, 1986, are not assumable unless otherwise provided in the mobile home lot rental agreement or unless the transferee is the home owners spouse. Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded. If a ballot contains more votes than vacancies or fewer votes than vacancies, the ballot is invalid unless otherwise stated in the bylaws. The association and the members representative shall be named as the respondents. The permit fee is based on the number of spaces your park has; the County Health Department can help you calculate the correct permit fee for your proposed facility. No bylaw shall be revised or amended by reference to its title or number only. (a) A mobile home or park trailer manufactured in accordance . 2020-27. Copyright 2000- 2023 State of Florida. The board of directors may, in any event, propose a budget to the members at a meeting of members or in writing, and, if the budget or proposed budget is approved by the members at the meeting or by a majority of their whole number in writing, that budget shall be adopted. 723.075-723.079. s. 1, ch. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election or removal. However, the homeowner shall thereafter be barred from claiming that the park owner has failed to deliver such documents. 2015-90. Nothing in this subsection affects the rights of ingress or egress of any member of the association. Transfer requests may be submitted electronically. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Any person who violates any of the provisions of this paragraph is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Applicability of chapter 212 to fees, penalties, and fines under this chapter. Limit the application of the unreasonable provision so as to avoid any unreasonable result. When you need Mobile Home Park Rules Regulations, don't accept anything less than the USlegal brand. for H.B. For any lien for unpaid purchase price or first lien recorded after April 8, 1992, the lienholder shall notify the property owner of the lien against the mobile home and the address of the lienholder. The division is authorized to require disclosures to fully and fairly disclose all matters required by this chapter. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark. It is the intent of the Legislature, through the enactment of this subsection, to prohibit any owner, developer, or manager of a mobile home park from prohibiting free communication among mobile home owners or tenants in the guise of regulations or rules restricting or limiting canvassing for association, federation, or organization dues or other association, federation, or organization matters. In some Mobile Home Parks, the owners have very little insurance coverage or documented assets. About a year ago someone from the council turned up, going over our mobile home park and reporting back various 'transgressions' to the park owner in regards to the six metre rule between homes, and in particular various things such as the distances and / or heights of fences, trees, shrubs, porches, etc that fall within that 6 metre space. If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this chapter. That there are similar considerations or factors that would be considered in such a market analysis by a competent professional and would be considered in determining the valuation of the market rent. Any payment received 120 days or more after receipt of the invoice shall include a 25-percent late fee. The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. If the home is too old to move, it probably does not have a high insurance value. All manufactured/mobile homes are required to be secured according to the manufacturer's installation specifications. Limited proxies may be used for votes taken to amend the articles of incorporation or bylaws pursuant to this section, and any other matters for which this chapter requires or permits a vote of members. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause. 2015-90; s. 5, ch. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. A mediator appointed by the division or selected by the parties shall comply with the rules adopted by the division. 2013-158. No person shall be required by a mobile home park owner to pay an exit fee upon termination of his or her residency. 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