Follow up with the Florida DHSMV to make sure title is transferred to your name. or viewing does not constitute, an attorney-client relationship. Travel trailers are not considered mobile homes because they are not made for living in year round. 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 . First Floor Elevation Waiver Application. This chapter shall be known and may be cited as the Florida Mobile Home Act.. The division shall also establish, by rule, the fee to be charged by a mediator which shall not exceed the fee authorized by the circuit court. 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. The park's homeowners association has filed suit, claiming that the new owners are obliged to provide a proper . Reasonable action necessary to correct a statutory or rule violation. Incorporation; notification of park owner. 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. The parties, by agreement, may waive mediation, or the petitioning party may withdraw the petition prior to mediation. The provisions of ss. Any transfer by gift, devise, or operation of law. FAMILIES WITH CHILDREN The division shall establish a fee structure for the approved training programs sufficient to recover any cost incurred by the division in operating this program. Unreasonable lot rental agreements; increases, changes. 2020-27. A committee, not to exceed five in number, designated by a majority of the affected mobile home owners or by the board of directors of the homeowners association, if applicable, and the park owner shall meet, at a mutually convenient time and place no later than 60 days before the effective date of the change to discuss the reasons for the increase in lot rental amount, reduction in services or utilities, or change in rules and regulations. 92-148; s. 2, ch. The Department maintains inspection data for mobile home parks. Any action commenced by the division shall be brought in the county in which the division has its executive offices or in which the violation occurred. 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. A mobile home park owner shall at all times: Comply with the requirements of applicable building, housing, and health codes. Price Change - 3 weeks ago. The surcharge shall be reinstated in the next calendar year if the balance in the trust fund is below $6 million on June 30. 2020-27. 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. 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. For a park in which there are 201 or more lots: $300. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. 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. 91-224; s. 920, ch. A mobile home owner shall not be entitled to compensation under subsection (1) when: The 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 park owner or manager before notice of the change in use has been given; A mobile home owner abandons the mobile home as set forth in subsection (7); or. 91-206; s. 1, ch. Nothing herein shall prohibit a park owner and a homeowner from mutually agreeing to an alternative manner of payment to the park owner of the charges. 320.822. A member may not allow any other person to cast his or her ballot, and any ballots improperly cast are invalid. A copy of the mobile home park lot layout showing the location of the recreational areas and other common areas. The Florida Mobile Home Relocation Corporation must approve payment within 45 days after receipt of the information set forth in subsection (3), or payment is deemed approved. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election. 86-162; s. 15, ch. 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 or tenants to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any problems relative to the mobile home park. If you are in need of legal representation in a mobile home eviction case in Florida, contact Law Office of Ryan S. Shipp, PLLC to discuss your case and learn more about how we can help. The manner of collecting from the members their shares of the expenses for maintenance of the park property shall be stated. Governmental action affecting removal of mobile home owners. 2002-1; s. 2, ch. The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. 17-14. s. 1, ch. If the park owner thereafter elects to offer the park at a price lower than the price specified in her or his notice to the home owners, the home owners, by and through the association, will have an additional 10 days to meet the price and terms and conditions of the park owner by executing a contract. The prevailing party in any action brought to enforce the provisions of. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. (1) General. 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. 97-102; s. 2, ch. The entrance fee shall be refunded within 15 days after the mobile home has been physically moved from the park. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present. 723.077 and 723.079. Right of mobile home owner to invite public officers, candidates for public office, or representatives of a tenant organization. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark. The journals or printed bills of the respective chambers should be consulted for official purposes. 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. A method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the park property. Sales Associate: Monique Jones. Any transfer by a partnership to any of its partners. 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. This information is not intended to create, and receipt 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. In 1960, mobile homes made up about 10% of the supply of new non-farm single-family dwellings. Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness. The Tenant shall accept full responsibility for any and all damages to the Lot and the Park which are caused by the pet or by keeping the pet on the premises. SQFT. A lot rental amount may not be increased during the term of the lot rental agreement, except: When the manner of the increase is disclosed in a lot rental agreement with a term exceeding 12 months and which provides for such increases not more frequently than annually. However, a home owner may exclude his or her telephone number from the directory by so requesting in writing to the association. 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. Amendment of articles of incorporation and bylaws. A mobile home cooperative is a residential cooperative consisting of real property to which 10 or more mobile homes are located or are affixed. 2002-27; s. 10, ch. This paragraph constitutes grounds to deny an initial tenancy of a purchaser of a home under paragraph (e) or to evict an unapproved occupant of a home. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct. 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. In lieu of collecting payment from the Florida Mobile Home Relocation Corporation as set forth in subsection (1), a mobile home owner may abandon the mobile home in the mobile home park and collect $1,375 for a single section and $2,750 for a multisection from the corporation as long as the mobile home owner delivers to the park owner the current title to the mobile home duly endorsed by the owner of record and valid releases of all liens shown on the title. 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. 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. Park Rules. This is the situation described above. The County Health Departments provide direct services in the operational aspect of the program through routine inspections, plan reviews, educational programs, and enforcement actions. 16.36.110 Person. 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. If payment is not submitted within 60 days after receipt of the invoice, a 15-percent late fee shall be assessed. 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. The curriculum of the program to be offered. 93-150; s. 913, ch. 88-147; s. 3, ch. This section does not apply to any proceeding in eminent domain under chapter 73 or chapter 74. Left navigation requires javascript to be enabled in your browser. Mobile home lot means a lot described by a park owner pursuant to the requirements of s. 723.012, or in a disclosure statement pursuant to s. 723.013, as a lot intended for the placement of a mobile home. Mobile home park or park means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential. Can the County evict the mobilehome park residents if they do not comply . 2016-169. 90-198; s. 9, ch. The board of directors may employ or retain such persons as are necessary to perform the administrative and financial transactions and responsibilities of the corporation and to perform other necessary and proper functions not prohibited by law. 2015-90; s. 2, ch. Sometimes, the HOA Florida fees can be as high as $400 - $800 when there are amenities to be constructed in the community. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. 723.0611, 723.06115, and 723.06116, the prevailing party is entitled to reasonable attorneys fees and costs. 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. A mobile home owner must first notify the park owner prior to selling. 3. 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. Powers and duties of homeowners association. 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. Upon a persons failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to the circuit court for an order compelling compliance. 2008-240. 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. The failure of the mobile home owner to pay the rent, or portion thereof, into the registry of the court as required herein constitutes an absolute waiver of the mobile home owners defenses other than payment, and the park owner is entitled to an immediate default. 850-833-9240 All Locations. 86-162; s. 25, ch. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. 2003 Florida Code TITLE XXIII MOTOR VEHICLES . The Legislature recognizes that mobile home owners have basic property and other rights which must be protected. A park owner, within the same time period, may also petition the division to initiate mediation of the dispute. 500 South Washington Blvd, COCOA Florida 32922. A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction. 94-78; s. 4, ch. 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. All rights reserved. 723.002(2) and 723.074. Notice of all meetings open to members shall be posted in a conspicuous place upon the park property at least 48 hours in advance, except in an emergency. 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. Discrimination or discriminatory means that a homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment. 2007-47; s. 2, 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. 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. The corporation shall be administered by a board of directors made up of six members, three of whom shall be appointed by the Secretary of Business and Professional Regulation from a list of nominees submitted by the largest nonprofit association representing mobile home owners in this state, and three of whom shall be appointed by the Secretary of Business and Professional Regulation from a list of nominees submitted by the largest nonprofit association representing the manufactured housing industry in this state. The Department of Business and Professional Regulation shall publish a notice of proposed rule pursuant to s. 120.54(3)(a) by October 1, 2016. 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. The cost of the arbitrators shall be divided equally between the parties regardless of the outcome. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). Write-in candidates and more than one vote per candidate per ballot are not allowed. s. 3, ch. The parties may agree to select their own mediator, and such mediation shall be governed by the rules of procedure established by the division. The committee shall provide to the park owner the disclosure, in writing, within 15 days after the meeting with the park owner, together with a request for a second meeting. If a mobile home park owner offers a mobile home park for sale, she or he shall notify the officers of the homeowners association created pursuant to ss. Change in use; relocation expenses; payments by park owner. A person appointed by the division shall be a qualified mediator from a list of circuit court mediators in each judicial circuit who has met training and educational requirements established by the Supreme Court. Provide access to the common areas, including buildings and improvements thereto, at all reasonable times for the benefit of the park residents and their guests. Notice of application for change in zoning. 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. Any person authorized by a park owner to receive notices and demands on the park owners behalf retains such authority until the mobile home owner is notified otherwise. This means doing your homework, making sure you can afford the investment, finding the right professionals to work with, and following all city, state, and mobile home park regulations. If tests are conducted out of the State of Florida, the anchor or component manufacturer shall pay the expenses . 92-148; s. 1, ch. No entity, other than the department, has authority to amend these uniform standards. 2001-231; s. 2, ch. 2007-228; s. 12, ch. (a) Each site of a new or modified mobile home, lodging or recreational vehicle park shall be evaluated by the county public health unit to determine that it is not subject to environmental hazards. Notwithstanding this paragraph, the following records are not accessible to members or home owners: A record protected by the lawyer-client privilege as described in s. 90.502 and a record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorneys express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation, for adversarial administrative proceedings, or in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings. The mediator shall also notify the division in writing within 10 days after the conclusion of the mediation, that the mediation has been concluded. Other provisions not inconsistent with this chapter or with other documents governing the park property or mobile homes located therein. If a park owner or operator, in good faith, has attempted to comply with the requirements of this chapter, and if, in fact, the park owner or operator has substantially complied with the disclosure requirements of this chapter, nonmaterial errors or omissions in the disclosure materials shall not be actionable. If the contract between the park owner and the homeowners association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners association except as provided in sub-subparagraph b. A proxy is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. Park rules and regulations run with the park rental agreement and are enforceable under . s. 1, ch. the threat can be eliminated or significantly reduced by a reasonable 2001-227; s. 3, ch. An association has the power to purchase lots in the park and to acquire, hold, lease, mortgage, and convey them. A copy of the rental agreement or agreements to be offered for rental of mobile home lots. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. Notwithstanding subsection (1), if a portion of the park contains concrete block homes occupying lots under 99-year leases, those homeowners may be part of the association and may serve on the board of directors of the association based on the percentage of lots containing concrete block homes to the total number of mobile home lots in the park. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. Limited proxies and general proxies may be used to establish a quorum. The petition must be filed within 60 days after expiration of the applicable 5-full-business-day period. The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions: Unless otherwise provided in the bylaws, 30 percent of the total membership is required to constitute a quorum. Contact us online or call us today at(800) 896-3619 to speak with a lawyer for Florida mobile home parks. Notice as required by this section shall, in addition to the information required in subsection (1), only be required to include the dollar amount of the relevant portions of the present lot rental amount that are being increased and the dollar amount of the proposed increases in lot rental amount if there is an increase in the lot rental amount, the reduction in services or utilities, or the change in rules and regulations and the effective date thereof. Board of directors and committee meetings. Megamenu requires javascript to be enabled in your browser. 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 rules also cover requirements for guests. A mobile home owner abandons the mobile home as set forth in s. 723.0612(7). "Person" means any person, firm, corporation, partnership, or association. The park owner is not liable for accidents or injuries to persons or property arising from their use of the park and its recreational facilities. Licensee Information. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus. 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