s. 1, ch. 720.301-720.312 to operate a mobile home subdivision, the owners of lots in such mobile home subdivision shall be authorized to create a mobile home subdivision homeowners association in the manner prescribed in ss. 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. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the park property. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park. We're A director and committee member shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the best interests of the corporation. Notwithstanding this section, members may vote in person at member meetings or by secret ballot, including absentee ballots, as defined by the division. If subsequent to arbitration a party files for a trial de novo, the arbitration decision may be made known to the judge only after he or she has entered his or her order on the merits. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. All guests, family members, or invitees are required to abide by properly promulgated rules and regulations. However, a home owner may exclude his or her telephone number from the directory by so requesting in writing to the association. If the division does not make either finding within 45 days, the prospectus shall be deemed to have been found adequate. The Florida Mobile Home Relocation Trust Fund is established within the Department of Business and Professional Regulation. 92-148; s. 9, ch. 97-291; s. 5, ch. It is the intent of the Legislature that any homeowners association properly created pursuant to chapter 715 prior to the effective date of this act be deemed an association created pursuant to the provisions of this section and have all rights and powers granted under this section and ss. Mobile Home/RV Park Application Package . Misrepresent the nature or extent of any service incident to the tenancy. Any transfer by gift, devise, or operation of law. 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. Any person whose application for funding pursuant to subsection (1) or subsection (7) is approved for payment by the corporation shall be barred from asserting any claim or cause of action under this chapter directly relating to or arising out of the change in use of the mobile home park against the corporation, the park owner, or the park owners successors in interest. Mobile home lot rental agreement or rental agreement means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner. A mobile home park owner is not required to make the payment prescribed in subsection (1), nor is the mobile home owner entitled to compensation under s. 723.0612(1), when: The mobile home park owner moves a mobile home owner to another space in the mobile home park or to another mobile home park at the park owners expense; A mobile home owner is vacating the premises and has informed the mobile home park owner or manager before the change in use notice has been given; or. If your mobile home is older, it may not be up to current code. If the affected homeowners are not identified by name, the park owner shall make the names and addresses available upon request. The park owner gives the affected mobile home owners and tenants at least 6 months notice of the eviction due to the projected change in use and of their need to secure other accommodations. All notices of such names and addresses or changes made thereto shall be delivered to the mobile home owners residence or to another address specified in writing by the mobile home owner. Sarasota, FL 34236. E-mail addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a home owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the persons name, lot designation, mailing address, and property address. A mobile home subdivision in which no more than 30 percent of the total lots are leased will not be deemed to be a mobile home park, provided the mobile home owner is granted an option to purchase the lot when the lease is entered into and provided the purchase price of the lot is included in the original lease agreement. 2020-27. C.S. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section. Compliance by mobile home park owners and mobile home owners. Tenants of the Venice Municipal Mobile Home Park must be 55 years or older. As provided by this section, any lien or charge against a mobile home for storage upon the real property on which the mobile home is or has been located is subordinate to the rights of a lienholder for unpaid purchase price or first lien, which is recorded on the title of the mobile home, and the assignee of such lienholder if not recorded on the title. Payments to the Florida Mobile Home Relocation Corporation. Florida Mobile Home Relocation Trust Fund. Subscription funds collected for the purpose of purchasing the park shall be placed in an association or other escrow account prior to purchase, which funds shall be held according to the terms of the subscription agreement. No new entrance fee may be charged for a move within the same park. However, the mobile home. In the event that the real property owner refuses to allow the lienholder to repossess and move the mobile home, then the real property owner shall be liable to the lienholder for each day that the real property owner unlawfully maintains possession of the home, at a daily rate equal to one-thirtieth of the monthly payment last paid by the homeowner to the real property owner, or, if no payment has been made, the payment required pursuant to contract between the real property owner and the homeowner. Such canvassing shall be done at a reasonable time or times and in a reasonable manner. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. Notice of application for change in zoning. The division may impose a civil penalty against a mobile home park owner or homeowners association, or its assignee or agent, for any violation of this chapter, a properly adopted park rule or regulation, or a rule adopted pursuant hereto. 11:13:52 PM 1/15/2023. 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. 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. After consideration of all other relevant issues, the court shall enter appropriate judgment. Borrow from private finance sources in order to meet the demands of the relocation program established in s. 723.0612. s. 7, ch. 1421 1, 1969). 92-148; s. 61, ch. The amount of $3,000 for a single-section mobile home or $6,000 for a multisection mobile home, whichever is less. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. Rules of the park: Mobile park homes usually have their own set of rules. Park (mobile) home owner rights and responsibilities - fees and repairs, selling or giving away a home and residents' associations, settling disputes Each mobile home park owner shall pay to the division, on or before October 1 of each year, an annual fee of $4 for each mobile home lot within a mobile home park which he or she owns. A directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for the term of office continuing until the next election of directors by the members. 86-162; s. 11, ch. History.s. accommodation; The Florida Statutes, Florida Administrative Code rules, and the Application Form can be downloaded by clicking on the title of the document. The division may issue an order requiring the mobile home park owner, or its assignee or agent, to cease and desist from an unlawful practice and take such affirmative action as in the judgment of the division will carry out the purposes of this chapter. For real solutions to your mobile home legal problems, the trusted choice However, a mobile home park that rents spaces to recreational vehicles on the basis of long-term leases is required to comply with the laws and rules relating to mobile home parks including but not limited to chapter 723, if applicable. The division shall adopt procedural rules to govern mandatory binding arbitration proceedings. Upon approval, the corporation shall issue a voucher in the amount of the contract price for relocating the mobile home. Please see the Guidance below for General Safety: Chapter 64E-15, Florida Administrative Code, Application for Mobile Home Park, Mobile Home Park Housing Migrant Farmworkers, Lodging Park, Recreational Vehicle Park and Recreational Camp, Mobile Home Park Statute, Chapter 513, Florida Statutes, Mobile Home Park Rule Chapter 64E-15, Florida Administrative Code, Department of Business & Professional Regulations (DBPR), Division of Agriculture & Consumer Services (DACS), Annual Regulatory PlansFlorida Department of Health (pdf). 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. The park owner or subdivision developer shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or subdivision developer has acted as agent for the mobile home owner or the owner of a lot in a mobile home subdivision in the sale pursuant to a written contract. Mobel Americana Mobile Home Park Unrec Subdivision. 97-291. If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to initial occupancy of a new mobile home, the rental agreement is voidable by the lessee until 15 days after the receipt by the lessee of the prospectus or offering circular and all exhibits thereto. The surcharge shall be reinstated in the next calendar year if the balance in the trust fund is below $6 million on June 30. communities are governed by either Chapter 719 or Chapter 720 and the 96-394; s. 3, ch. A mobile home owner must first notify the park owner prior to selling. The maximum daily storage charges may be increased over time in accordance with the notice requirements under applicable provisions of Florida law, including, but not limited to, this chapter. An association has the authority, without the joinder of any home owner, to modify, move, or create any easement for ingress and egress or for the purpose of utilities if the easement constitutes part of or crosses the park property upon purchase of the mobile home park. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorneys fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice. A minor violation means a violation which does not endanger the health, safety, or welfare of mobile home residents, which does not involve the failure to make full and fair disclosure, or which does not cause economic harm to mobile home park residents. The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. The prospectus or offering circular, which is required to be provided by s. 723.011, must contain the following information: The front cover or the first page must contain only: The following statements in conspicuous type: THIS PROSPECTUS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN LEASING A MOBILE HOME LOT. 4. The division shall not impose a civil penalty in excess of $250 per advertisement for each instance of the untimely filing of advertising materials. Upon acquisition of the property, the association, by action of its board of directors, shall be the entity that creates a condominium, cooperative, or subdivision or offers condominium, cooperative, or subdivision units for sale or lease in the ordinary course of business or, if the homeowners choose a different form of ownership, the entity that owns the record interest in the property and that is responsible for the operation of property. A member may not vote by general proxy but may vote by limited proxies substantially conforming to a limited proxy form adopted by the division. 84-80; s. 6, ch. If the actual increase is an amount less than the proposed amount stated in the notice, the park owner shall notify the division of the actual amount of the increase within 30 days of the effective date of the increase or at the time of filing, whichever is later. The provisions of subsections (4) and (7) shall not apply to records relating to subscription funds collected pursuant to subsection (11). 723.002(2) and 723.074 may be exercised through an association created or authorized pursuant to this section for the owners of lots who are members of the mobile home subdivision homeowners association. The directors shall maintain accounting records according to generally accepted accounting practices and shall, upon written request by a subscriber, furnish an accounting of the subscription fund escrow account within 60 days of the purchase of the park or the ending date as provided in the subscription agreement, whichever occurs first. 2001-231; s. 105, ch. Persons authorized by park owner to receive notices. 91-224; s. 920, ch. 93-150; s. 913, ch. Also of concern, is a safe and disease-free swimming pool, where applicable. 2020-27. The mobile home owners application for funds under this subsection shall require the submission of a document signed by the park owner stating that the home has been abandoned under this subsection and that the park owner agrees to make payment to the corporation in the amount provided to the home owner under this subsection. 2011-105; s. 29, ch. As used in subsection (1), the term offer means any solicitation by the park owner to the general public. 84-80; s. 11, ch. The physical location where programs will be available, if not web-based. 723.027 Persons authorized by park owner to receive notices. The rules outline the maintenance fees and other charges to be paid by occupants of the park, and when and how those fees are to be paid. 2020-27. 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. 64E-15.002 Sites - Mobile Home, Lodging, and Recreational Vehicle Parks. Finally, make sure that the mobile home park owner gives you written confirmation that you and your household members have all been approved to live in the park. 120.536 and 120.54 to administer the provisions of this section and ss. 92-148; s. 1, ch. MAKE SURE THAT YOU READ THE ENTIRE DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT. Nothing on this site should be taken as legal advice for any individual Zoning Review: $30. Such discussions may be held in the common areas or recreational areas of the park, including halls or centers, or in any residents mobile home. 723.075-723.079; or, in a subdivision the homeowners association authorized in the subdivision documents in which all home owners must be members as a condition of ownership. This subsection is intended to clarify existing law. The County Health Departments receive and investigate environmental health and sanitation complaints about these facilites. 97-102; s. 3, ch. Elections shall be decided by a plurality of the ballots cast. Florida Mobile Home Relocation Corporation. See Florida Statutes 513.01 Mobile home park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. 90-198; s. 21, ch. This subsection does not authorize the association to modify or move any easement created in whole or in part for the use or benefit of anyone other than the members, or crossing the property of anyone other than the members, without his or her consent or approval as required by law or the instrument creating the easement. Click on your state for information on specific state Tenant / Landlord Laws. 84-80; s. 13, ch. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. Such emergency action shall be noticed and ratified at the next regular meeting of the board. Residents of Paradise Park Mobile Home Park in Miami received a six-month eviction notice during the heart of the pandemic last November, days after the park was bought by developers intent on redeveloping it, probably as condos. Resale agreement means a contract in which a mobile home owner authorizes the mobile home park owner, or the park owners designee, to act as exclusive agent for the sale of the homeowners mobile home for a commission or fee. The information concerning comparable mobile home parks to be exchanged by the parties is to encourage a dialogue concerning the reasons used by the park owner for the increase in lot rental amount and to encourage the home owners to evaluate and discuss the reasons for those changes with the park owner. Housing Construction and Safety Standards Act of 1974 (or simply the HUD code) came into effect. 92-148; s. 925, ch. For purposes of this section, the term impartial committee means a committee whose members do not include any of the following people or their spouses: The association bylaws shall provide a method for determining the winner of an election in which two or more candidates for the same position receive the same number of votes. Tropical Mobile Home Park was incorporated in 1979. A separate index of the contents and exhibits of the prospectus. The following are examples of prohibited conditions, uses and activities on or within county parks and beaches (See Ch. 2003-263; s. 1, ch. 93-160; s. 932, ch. 2008-240; s. 2, ch. The division must provide the executive director of the Florida Mobile Home Relocation Corporation with a copy of the notice. 87-117; ss. 2015-90; s. 32, ch. Suite 400, or viewing does not constitute, an attorney-client relationship. Also common, though, is a situation in which the landlord owns both the mobile home and the land. The Florida Commission of Human Relations is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act. Any transfer by a partnership to any of its partners. 723.075-723.079. The parties, by agreement, may waive mediation, or the petitioning party may withdraw the petition prior to mediation. The calendar quarters shall end on March 31, June 30, September 30, and December 31 of each year. for H.B. 2001-231; s. 2, ch. Individual cooperatives may vote and pass any legal rules and regulations requested by the membership. YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this state in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the park owner or developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, shall have a cause of action to rescind the contract or collect damages from the developer, park owner, or mobile home dealer for her or his loss. Within 30 days after the date of the last scheduled meeting described in subsection (4), the homeowners may petition the division to initiate mediation of the dispute pursuant to s. 723.038 if a majority of the affected homeowners have designated, in writing, that: The rental increase has made the lot rental amount unreasonable; The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable; or. A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date, may be filled before the vacancy occurs. 87-150; s. 16, ch. Copies of the following, to the extent they are applicable, as exhibits: The ground lease or other underlying leases of the mobile home park or a summary of the contents of the lease or leases when copies of the same have been filed with the division. Governmental action affecting removal of mobile home owners. If the board fails to duly notice and hold the required meeting or fails to file the required petition, the members representative may file a petition pursuant to s. 723.1255 challenging the boards failure to act. The word a following the word for was deleted by the editors. 723.002(2) and 723.074. for H.B. There are two common types of mobile home leases. Upon receiving a petition to mediate a dispute, the division shall, within 20 days, notify the parties that a mediator has been appointed by the division. The programs shall provide information about statutory and regulatory matters relating to the board of directors of the homeowners association and their responsibilities to the association and to the mobile home owners in the mobile home park. Publications, Help Searching The negotiating committee shall make a written request for a meeting with the park owner or subdivision developer to discuss those matters addressed in the 90-day notice, and may include in the request a listing of any other issue, with supporting documentation, that the committee intends to raise and discuss at the meeting. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. This subsection is not intended to be enforced by civil or administrative action. Meetings of the board of directors and meetings of its committees at which a quorum is present shall be open to all members. The right to an assumption of the lease by a spouse may be exercised only one time during the term of that lease. 2003-263. 850-833-9240 All Locations. (1) result in substantial physical damage to the property of others unless THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. The association shall also maintain the e-mail addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. A member of the board of directors shall be removed from the board by the Secretary of Business and Professional Regulation, with or without cause, immediately after the written request for removal from the association in paragraph (a) that originally nominated that board member. 97-102. A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park. 96-396; s. 1778, ch. 2016-169. Right of mobile home owners to peaceably assemble; right to communicate. However, if you rent the space your mobile home occupies in a park, your landlord must follow the laws as set out under Chapter 723 of Florida Statute. The notice may provide for a rental term shorter than 1 year in order to maintain the same renewal date. 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. The parties shall each pay a $250 filing fee to the mediator appointed by the division or selected by the parties, within 30 days after the division notifies the parties of the appointment of the mediator. Whether or not a tenancy is covered by a valid written rental agreement, the required statutory provisions shall be deemed to be a part of the rental agreement. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section. 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. 84-80; s. 59, ch. 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. Agents or employees of the corporation, members of the board of directors of the corporation, or representatives of the Division of Florida Condominiums, Timeshares, and Mobile Homes shall be considered officers, employees, or agents of the state, and actions against them and the corporation shall be governed by s. 768.28. 85-62; s. 27, ch. Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. The notice shall state that an action for eviction has been filed against the homeowner, the amount of the daily storage charges calculated pursuant to this section, and the date upon which the homeowner is required to make regular payments to the property owner. Victims may also file a private lawsuit in the federal district court . Award a refund or a reduction in future rent payments. 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. Applicability of chapter 212 to fees, penalties, and fines under this chapter. We chose Sherry because of her professional experience in real estate., I will definitely recommend her to any of my friends or customers., She promptly contacted the other party on our behalf and literally within 10 days, we had all of our money refunded back to us., The Edwards law firm recently helped me through a lengthy family real estate transaction., I would absolutely recommend Sherry and team to anyone looking for any kind of real estate help!, 500 South Washington Blvd 2003-263; s. 22, ch. 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