723.022 Mobile home park owner's general obligations. Except as expressly preempted by the requirements of the Department of Highway Safety and Motor Vehicles, a mobile home owner or the park owner shall be authorized pursuant to this section to site any size new or used mobile home and appurtenances on a mobile home lot in accordance with the lot sizes, separation and setback distances, and other requirements in effect at the time of the approval of the mobile home park. 84-80; s. 11, ch. A statement describing the existing zoning classification of the park property and permitted uses under such classification. 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. The lienholder must notify the property owner within 30 days of receipt of the notice pursuant to subsection (2) whether it intends to make payment of the storage charges and, if the lienholder agrees to make payment, to pay the storage charges accruing to that date. Mobile Home Description. Florida mobile home park regulations allow passing taxes, like ad valorem taxes on the land, to the homeowners. 87-102; s. 74, ch. That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. 86-162; s. 2, ch. 84-80; s. 10, ch. 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. the threat can be eliminated or significantly reduced by a reasonable 64E-15.002 Sites - Mobile Home, Lodging, and Recreational Vehicle Parks. Real Estate Litigation Boundary Disputes Contract Disputes All financial and accounting records must be maintained within this state. Interference with installation of appliances or interior improvements. Neither the sheriff nor the landlord nor his or her agent shall be responsible to the tenant or any other party for loss, destruction, or damage to the property after it has been removed. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. This section does not preclude department inspection of corporation records 5 business days after receipt of written notice. In any such event, the corporation shall keep a record of the time and date of its approval of payment to a claimant. The division has authority to adopt rules pursuant to ss. 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 shall adopt procedural rules to govern elections, including, but not limited to, rules for providing notice by electronic transmission and rules for maintaining the secrecy of ballots. 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. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: One or more officers or employees of the corporation who the director reasonably believes to be reliable and competent in the matters presented; Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons professional or expert competence; or. Here are the steps which are applicable to individual tenants, occupants, and owners of mobile homes as well as the homes themselves from lots in a mobile home park (MHP) of ten lots or more: 1) Determine whether the grounds you are seeking to evict on are legal. 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. If a vacancy occurs on the board as a result of a recall and less than a majority of the board members are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any other provision of this chapter. 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. The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular in a summary form. The curriculum of the program to be offered. No mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home located within a park or mobile home subdivision, as a condition of tenancy, or to qualify for tenancy, or to obtain approval for tenancy in a mobile home park or mobile home subdivision, shall be required to enter into, extend, or renew a resale agreement. 723.061-723.0612 shall not have a cause of action against the corporation or the park owner for any claim arising under the rights, duties, and obligations of the corporation or park owner in ss. If the particular animal requested by the individual with a disability To carry out the purposes and objectives of the corporation by making payments to mobile home owners under the relocation program. 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). Segregating individuals or families within the mobile home park on the basis of national origin or familial status. The petition must be filed within 60 days after the recall is deemed certified. At the time the sheriff executes the writ of possession, the landlord or the landlords agent may remove any personal property, including the mobile home, found on the premises to or near the property line or, in the case of the mobile home, into storage. 723.075-723.079. I of the State Constitution. Sale of facilities serving a mobile home subdivision. However, the association is not liable for an erroneous disclosure of the e-mail address or the number for receiving electronic transmission of notices. The removal process may not occur more than once in a calendar year. The maximum number of lots that will use shared facilities of the park; and, if the maximum number of lots will vary, a description of the basis for variation. 723.061-723.0612. 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. The purchase of a mobile home park by a governmental entity under its powers of eminent domain. documents governing the Association. The homeowners association shall file a notice of its right to purchase the mobile home park as set forth in s. 723.071. However, a home owner may exclude his or her telephone number from the directory by so requesting in writing to the association. The following advertising materials are exempt from the filing requirements of this section: telephone directories, business cards, items placed solely on bulletin boards in a mobile home park, and correspondence in response to inquiries by individuals. If a home is being altered from the way it left the factory including just attaching accessory structures such as an awning, is a permit required? 2002-27; s. 1, ch. I live in a mobile home park in Florida and. 2003-263. Failure to have such written certification or educational certificate on file does not affect the validity of any board action. The complaintants are provided with the investigation findings and corrective actions taken on the park. Mobel Americana Mobile Home Park Unrec Subdivision. However, if the division, pursuant to a consent order, final order, or cease and desist order, makes a finding that a violation of this chapter has occurred, the financial records acquired by the division specifically relevant to that finding are no longer exempt as provided for in this subsection, unless otherwise made specifically exempt by law. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. The division shall adopt procedural rules to govern mandatory binding arbitration proceedings. Every proxy shall be revocable at any time at the pleasure of the member executing it. Mobile home parks, lodging, recreational vehicle parks, and recreational camps are licensed annually through the Environmental Health Program in accordance with Chapter 64E-15, Florida Administrative Code (F.A.C.) 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. All of the associations insurance policies or copies thereof, which must be retained within this state for at least 5 years after the expiration date of the policy. 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. Travel trailers are not considered mobile homes because they are not made for living in year round. Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. Electronic transmission means a form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process, such as a printer or copy machine. A copy of the written rules or policies of the association and each amendment to the written rules or policies. 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. 723.075-723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice. Upon written request by the homeowners association, the park owner shall notify the homeowners association by certified mail, return receipt requested, of the name and address of the park owner, the park owners agent for service of process, and the legal description of the 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. 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. s. 1, ch. A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS. If the division does not make either finding within 45 days, the prospectus shall be deemed to have been found adequate. Sales Associate: Monique Jones. 88-147; s. 914, ch. FAMILIES WITH CHILDREN In determining the amount of civil penalty or affirmative action to be imposed under this section, if any, the division must consider the following factors: Whether the person has substantially complied with the provisions of this chapter. The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. 86-162; ss. s. 1, ch. The spouse of a mobile home owner shall not be considered an invitee. 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. Filings for mobile home parks in which lots have not been offered for lease prior to June 4, 1984, shall be accompanied by a filing fee of $10 per lot offered for lease by the park owner; however, the fee shall not be less than $100. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, The owners of lots in the mobile home subdivision are entitled to vote only on matters that effect their rights contained in ss. A park owner may at any time record, in the official records of the county where a mobile home park is situated, an affidavit in which the park owner certifies that: With reference to an offer by him or her for the sale of such park, he or she has complied with the provisions of s. 723.071(1); With reference to an offer received by him or her for the purchase of such park, or with reference to a counteroffer which he or she intends to make, or has made, for the sale of such park, he or she has complied with the provisions of s. 723.071(2); Notwithstanding his or her compliance with the provisions of either subsection (1) or subsection (2) of s. 723.071, no contract has been executed for the sale of such park between himself or herself and the park homeowners association; The provisions of subsections (1) and (2) of s. 723.071 are inapplicable to a particular sale or transfer of such park by him or her, and compliance with such subsections is not required; or. 3390 Gandy Boulevard North, Lot 652, St. Petersburg. 2007-47. 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. The calendar quarters shall end on March 31, June 30, September 30, and December 31 of each year. The trust fund shall be funded from moneys collected by the corporation from mobile home park owners under s. 723.06116, the surcharge collected by the department under s. 723.007(2), the surcharge collected by the Department of Highway Safety and Motor Vehicles, and from other appropriated funds. Our Firm can provide advice to guide you through the operation of your REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. County: BREVARD. The articles of incorporation of a homeowners association shall provide: That the association has the power to negotiate for, acquire, and operate the mobile home park on behalf of the mobile home owners. s. 1, ch. 723.085, 723.086, and 723.0861. 94-102. s. 12, ch. Legislative intent; preemption of subject matter. 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. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before such approval is granted, the mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice of the failure to be approved for tenancy is delivered. The MRL spells out the rights and obligations of the park owner/management and . 88-147; s. 8, ch. Mobile home subdivision means a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer. 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. 97-102; s. 4, ch. The e-mail addresses and numbers provided by members to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. 7, 8, ch. The physical location where programs will be available, if not web-based. A mobile home park owner is prohibited from passing on any fine, interest, fee, or increase in a charge resulting from a park owners payment of the charge after the date such charges become delinquent. 2002-27; s. 11, ch. Board of directors and committee meetings. The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a member to demonstrate a proper purpose for the inspection, state a reason for the inspection, or limit a members right to inspect records to less than 1 business day per month. The amount of $3,000 for a single-section mobile home or $6,000 for a multisection mobile home, whichever is less. Nothing in this subsection affects the rights of ingress or egress of any member of the association. If that is the case, you may not be permitted to move it. Delivery shall be made prior to execution of the lot rental agreement or at the time of occupancy, whichever occurs first. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). 91-202; s. 923, ch. The park owner is not obligated under this subparagraph or s. 723.071 to give any other notice to, or to further negotiate with, the homeowners association for the sale of the mobile home park to the homeowners association after 6 months after the date of the mailing of the initial notice under sub-subparagraph a. Notices of increase in the lot rental amount due to a pass-through charge must state the additional payment and starting and ending dates of each pass-through charge. Disclaimer: The information on this system is unverified. 86-162; s. 924, ch. Any member of the board of directors of a homeowners association not in compliance with the requirements of this section may not be considered in violation of this section until after October 1, 2017. Requests must include documentation indicating the amount of funds needed, the name and location of the mobile home park, the number of approved applications for moving expenses or abandonment allowance, and summary information specifying the number and type, single-section or multisection, of homes moved or abandoned. 1421 1, 1969). 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. Schedule. An association has the power to purchase lots in the park and to acquire, hold, lease, mortgage, and convey them. This subsection does not prevent any homeowner from objecting to a zoning change at any time. When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination. 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. 93-160; s. 932, ch. 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. No application for funding pursuant to subsection (1) or subsection (7) shall be approved by the corporation if the applicant has filed a claim or cause of action, is actively pursuing a claim or cause of action, has settled a claim or cause of action, or has a judgment against the corporation, the park owner, or the park owners successors in interest under this chapter directly relating to or arising out of the change in use of the mobile home park, unless such claim or cause of action is dismissed with prejudice. The provisions of subsections (4) and (7) shall not apply to records relating to subscription funds collected pursuant to subsection (11). At all times keep the mobile home lot that he or she occupies clean, neat, and sanitary, and maintained in compliance with all local codes. In the event that the owners of lots in a mobile home subdivision share common areas, recreational facilities, roads, and other amenities with the owners of mobile homes in a mobile home park and the mobile home owners have created a mobile home owners association pursuant to ss. The division shall adopt rules to implement the board member training requirements for educational programs as provided in this chapter. 2016-169; s. 31, ch. It outlines how many people can live in the mobile home, what activities are allowed and prohibited, restrictions regarding visitors, and the amount and frequency of rent payment. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. 2020-27. The corporation board may approve changes to the operational budget for a fiscal year by providing written notification of such changes to the department. (Ord. The provisions hereof notwithstanding, the mobile home park owner may pass on, at any time during the term of the lot rental agreement, ad valorem property taxes, non-ad valorem assessments, and utility charges, or increases of either, provided that the ad valorem property taxes, non-ad valorem assessments, and utility charges are not otherwise being collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad valorem assessments, or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the mobile home park owner and the mobile home owner, or such passing on was authorized by law. The prospectus or offering circular together with its exhibits is a disclosure document intended to afford protection to homeowners and prospective homeowners in the mobile home park. After consideration of all other relevant issues, the court shall enter appropriate judgment. 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