No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall prohibit any mobile home owner from canvassing mobile home owners for the purposes described in this subsection. It shall be unlawful for the property owner to refuse to allow the lienholder to repossess and move the mobile home for failure to pay any charges which were not noticed in accordance with the requirements of this section. Prohibited or unenforceable provisions in mobile home lot rental agreements. Florida Mobile Home Relocation Corporation. 723.031 Mobile home lot rental agreements. If a contract between the park owner and the association is not executed within such 45-day period, then, unless the park owner thereafter elects to offer the park at a price lower than the price specified in her or his notice to the officers of the homeowners association, the park owner has no further obligations under this subsection, and her or his only obligation shall be as set forth in subsection (2). Legislative intent; preemption of subject matter. Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or requirements set forth in this chapter or arising under law. If the number of mobile home lots in the park increases by more than 15 percent of the total number of lots in the original prospectus, the mobile home park owner must reasonably offset the impact of the additional lots by increasing the shared facilities. The division is authorized to prepare information to assist prospective mobile home owners and mobile home park owners in assessing the rights, privileges, and duties pertaining hereto. 2179 was amended on the floor. 92-148. Failure to make such payment within the required time period shall result in a late fee being imposed. 85-65; s. 36, ch. 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. Chapter 15C-1, Florida Administrative Code, requires that all mobile/manufactured home installations be performed by a licensed mobile home installer. Examples of conduct for which the park owner may not retaliate include, but are not limited to, situations where: The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park; The home owner has organized, encouraged, or participated in a homeowners organization; or. A current roster of all members and their mailing addresses and lot identifications. Homeowners association means a corporation for profit or not for profit, which is formed and operates in compliance with ss. Disclosure of any factors which may affect the lot rental amount, including, but not limited to: Maintenance costs, including costs of deferred maintenance. Limited proxies and general proxies may be used to establish a quorum. (3) fundamentally alter the nature of the providers operations. For a park in which there are 51-100 lots: $150. If such mediators are not available, the division may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. State Government Agencies. Save Money with a Subscription or Discount Plan. Upon approval, the corporation shall issue a voucher in the amount of the contract price for relocating the mobile home. The entrance fee shall be refunded within 15 days after the mobile home has been physically moved from the park. Homes without proper tie-downs are less resistant to high winds. The provisions of s. 719.106(1)(b) notwithstanding, the election of board members in a mobile home cooperative homeowners association may be carried out in the manner provided for in the bylaws of the association. Intended for use in the State of Florida. A copy of the approval must be forwarded to the park owner with an invoice for payment. 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. Sarasota, 2013-158. Florida mobile home park regulations allow passing taxes, like ad valorem taxes on the land, to the homeowners. s. 1, 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. This allows them to provide a full range of legal services to their clients and to help them navigate the complex legal landscape. - Water supply to lots. 90-198; s. 1, ch. 723.061-723.0612. 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. 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 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. 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. For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner, tenant, or occupant written notice, within 30 days after the first violation, which specified the actions of the mobile home owner, tenant, or occupant that caused the violation and gave the mobile home owner, tenant, or occupant 7 days to correct the noncompliance. The corporation shall, for purposes of s. 768.28, be considered an agency of the state. 2003-263; s. 22, ch. Committee Contact us online or call us today at (800) 896-3619 to speak with a lawyer for Florida mobile home parks. All other written records of the association not specifically included in the foregoing which are related to the operation of the association must be retained within this state for at least 5 years or at least 5 years after the expiration date, as applicable. 6, ch. The writ of possession shall not issue earlier than 10 days from the date judgment is granted. 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. 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. 2020-27. A bill floating quietly through the Florida Legislature would give mobile home park owners the authority to enter a homeowner's property to perform work and then charge the homeowner. 88-147; s. 5, ch. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. 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 moving contractor may redeem the voucher from the corporation following completion of the relocation and upon approval of the relocation by the mobile home owner. 2002-27; s. 11, ch. 91-224; s. 920, ch. If a mobile home owner is required to move due to a change in use of the land comprising the mobile home park as set forth in s. 723.061(1)(d) and complies with the requirements of this section, the mobile home owner is entitled to payment from the Florida Mobile Home Relocation Corporation of: The amount of actual moving expenses of relocating the mobile home to a new location within a 50-mile radius of the vacated park, or. The same duties and privileges imposed by chapter 212 upon dealers in tangible property respecting the collection and remission of tax; the making of returns; the keeping of books, records, and accounts; and the compliance with the rules of the enforcing agency in the administration of that chapter apply to and are binding upon all persons who are subject to the fee, penalty, and fine provisions of this chapter. Failure to provide prospectus or offering circular prior to occupancy. Tree: $70. However, the mobile home. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. Disclaimer: The information on this system is unverified. 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. The association may adopt reasonable written rules governing the frequency, duration, and manner of members statements. 2020-27. The Florida Division of Business and Financial Regulations is charged with the enforcement of the laws governing the Florida Mobile Home Act and can also provide information at http . 2003-263; s. 2, ch. 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. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. For real solutions to your mobile home legal problems, the trusted choice We have the experience and personal touch to guide you The park owner or subdivision developer may not limit the discussion of the reasons for the change to generalities only, such as, but not limited to, increases in operational costs, changes in economic conditions, or rents charged by comparable mobile home parks. The services and the lot rental amount or user fees charged by the park owner for the services provided by the park owner shall also be disclosed. Thereafter, the division shall notify the complainant of the status of the investigation within 90 days after receipt of the written complaint. 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. Programs and materials may not contain editorial comments. The inspections focus on the following: 1) proper sewage disposal to minimize the risk of diseases such as hepatitis, salmonella, and shigella; 2), safe drinking water to minimize the risks of diseases such as giardia and cryptosporidium; 3) safe solid waste collection and disposal to minimize rat and roach infestations, as well as reservoirs for mosquitoes and associated diseases such as West Nile Virus, Dengue, St. Louis and Eastern Equine Encephalitis, eliminate vectors that transmit rabies and diseases associated with ticks. 2001-227; s. 72, ch. Upon delivery of a prospectus to a prospective lessee, the lot rental agreement is voidable by the lessee for a period of 15 days. Follow up with the Florida DHSMV to make sure title is transferred to your name. The division shall adopt procedural rules to govern mandatory binding arbitration proceedings. 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. 723.075 and 723.077 and those set forth in the articles of incorporation and bylaws and any recorded declarations or restrictions encumbering the park property, if not inconsistent with this chapter. If the particular animal requested by the individual with a disability SQFT. Furnished 1/1 on a Shady Lot! The prevailing party in any action brought to enforce the provisions of. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. A statement describing the existing zoning classification of the park property and permitted uses under such classification. In the event the lienholder notifies the property owner within 30 days of the receipt of the notice that it does not intend to pay the storage charges, the storage charges shall not accrue, but the lienholder shall not be entitled to any of the protections set forth in this act, and shall be subject to any remedies available to the property owner including retention of possession of the mobile home and foreclosure thereon to satisfy the landlords lien for rent. *Note: This page contains materials in the Portable Document Format (PDF). Disclosure prior to rental of a mobile home lot; prospectus, filing, approval. The amendment to the prospectus must include a reasonable timeframe for providing the required additional shared facilities. An arbitrator or mediator under ss. 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. 2002-27; s. 10, ch. Moneys in the Florida Mobile Home Relocation Trust Fund may be expended only: To pay the administration costs of the Florida Mobile Home Relocation Corporation; and. Javascript must be enabled for site search. A copy of the mobile home park lot layout showing the location of the recreational areas and other common areas. 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. Line & Grade: $310. s. 1, ch. Governmental action affecting removal of mobile home owners. 97-102; s. 6, ch. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the associations providing the member or his or her authorized representative with a copy of such records. If sufficient funds become available, the corporation shall pay the claimant whose unpaid claim is the earliest by time and date of approval. 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. No amendment may change the proportion or percentage by which members share in the assessments and expenses as initially established unless all the members affected by such change approve the amendment. A general description of the items of personal property available for use by the mobile home owners. 84-80; s. 5, 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. The provisions of ss. 91-110; s. 168, ch. To carry out the purposes and objectives of the corporation by making payments to mobile home owners under the relocation program. This program includes approximately 5,400 mobile home parks, lodging and recreational vehicle parks, and recreational camps in Florida. The park owner shall file annually with the division a copy of any notice of a lot rental amount increase. has a history of dangerous behavior, the housing provider does not have 723.033 and 723.037 or s. 723.059(4), whichever is applicable; provided that, pursuant to s. 723.059(4), the amount of the lot rental increase is disclosed and agreed to by the purchaser, in writing. Delivery shall be made prior to execution of the lot rental agreement or at the time of occupancy, whichever occurs first. Unreasonable lot rental agreements; increases, changes. The term of a director elected or appointed to fill a vacancy expires at the next annual meeting at which directors are elected. For purposes of this paragraph, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. 2003 Florida Code TITLE XXIII MOTOR VEHICLES . The change in the rules and regulations is unreasonable. 723.075-723.079, said mobile home owners association shall be the authorized representative of owners of lots in said mobile home subdivision provided: The members of the mobile home owners association have, by majority vote, authorized the inclusion of subdivision lot owners in the mobile home park homeowners association; and. 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. A method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the park property. Actions of the Florida Mobile Home Relocation Corporation under this section are not subject to the provisions of chapter 120 but are reviewable only by writ of certiorari in the circuit court in the county in which the claimant resides in the manner and within the time provided by the Florida Rules of Appellate Procedure. Limit the application of the unreasonable provision so as to avoid any unreasonable result. The term parties, for purposes of mediation under this section and s. 723.038, means a park owner and a homeowners committee selected pursuant to this section. Such canvassing shall be done at a reasonable time or times and in a reasonable manner. 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. 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. 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. Failure to have such written certification or educational certificate on file does not affect the validity of any board action. The following services are offered to each lot and billed separately: Water and Sewer, Cable Television, Electricity, Telephone, Solid Waste/Recycling, and Stormwater Fees. case or situation. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. Mobile homes, lodging and recreational vehicle parks, and recreational camps are licensed annually by the Department of Health through Florida's 67 County Health Departments, in accordance with Chapter 513, Florida Statutes and Chapter 64E-15, Florida Administrative Code. The division shall approve training and educational programs for board members of mobile home owners associations formed and operated pursuant to s. 723.075(1) and mobile home owners. Funds transferred from the trust fund to the corporation shall be transferred electronically and shall be transferred to and maintained in a qualified public depository as defined in s. 280.02 which is specified by the corporation. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. I f there are any rules or regulations that the tenant needs to follow to stay on the lot, this must be in the agreement. 2015-90. 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. Each member or other eligible person who desires to be a candidate for the board of directors shall appear on the ballot in alphabetical order by surname. FL 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. Either party may prepare and use additional information to support its position during or subsequent to the meetings required by this section. A board member who has been recalled may file a petition pursuant to s. 723.1255 challenging the validity of the recall. Examples of such good cause include, but are not limited to, good faith actions for nonpayment of the lot rental amount, violation of the rental agreement or of park rules, or violation of the terms of this chapter. The term non-ad valorem assessments has the same meaning as provided in s. 197.3632(1)(d). 92-148; s. 9, ch. the threat can be eliminated or significantly reduced by a reasonable For a park in which there are 201 or more lots: $300. 85-62; s. 27, ch. Homeowners committee means a committee, not to exceed five persons in number, designated by a majority of the affected homeowners in a mobile home park or a subdivision; or, if a homeowners association has been formed, designated by the board of directors of the association. The association and the members representative shall be named as the respondents. 2020-27. With regard to any written complaint alleging a violation of any provision of this chapter or any rule adopted pursuant thereto, the division shall, within 30 days after receipt of a written complaint, notify, in writing, the person who filed the complaint of the status of the complaint. 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. Mobile home park owners general obligations. A copy of all contracts or agreements to which the association is a party, including, without limitation, any written agreements with the park owner, lease, or other agreements or contracts under which the association or its members has any obligation or responsibility, which must be retained within this state for at least 5 years after the expiration date of the contract or agreement. Florida Statute 719 regulates residential cooperative apartments. No Property Tax! 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. s. 1, ch. Zoning Review: $30. An association has the power to purchase lots in the park and to acquire, hold, lease, mortgage, and convey them. 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