Most documents are in pdf format. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more board members. Within 20 days after giving an eviction notice to a mobile home owner, the park owner must provide the division with a copy of the notice. Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, if: The park owner gives written notice to the homeowners association formed and operating under ss. 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. 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. This information is not intended to create, and receipt 2015-90; s. 5, ch. The Legislature further recognizes that the mobile home park owner has a legitimate business interest in the operation of the mobile home park as part of the housing market and has basic property and other rights which must be protected. Any person who receives compensation from the corporation or the park owner pursuant to ss. The corporation shall periodically submit requests to the department for the transfer of funds to the corporation needed to make payments to mobile home owners under the relocation program. The amount of $3,000 for a single-section mobile home or $6,000 for a multisection mobile home, whichever is less. s. 1, ch. Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. 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 provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. The board may temporarily fill the vacancy during the period of suspension. All members of the board of directors, including the chair, shall be appointed to serve for staggered 3-year terms. Regulation of Mobile Home Subdivisions. s. 1, ch. Name: FLORIDA MOBILE HOME PARK (Primary Name) Main Address: 809 CLEARLAKE RD. 86-162; s. 14, ch. The mediator shall also notify the division in writing within 10 days after the conclusion of the mediation, that the mediation has been concluded. After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an action in the circuit court. The association shall maintain the following items, when applicable, which constitute the official records of the association: A copy of the associations articles of incorporation and each amendment to the articles of incorporation. Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not unreasonably disturb the park residents or constitute a breach of the peace. That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. The corporation shall, for purposes of s. 768.28, be considered an agency of the state. 2008-240; s. 3, ch. Assessments shall be made against members not less frequently than quarterly, in amounts no less than are required to provide funds in advance for payments of all of the anticipated current operating expenses and for all of the unpaid operating expense previously incurred. However, the association is not liable for an erroneous disclosure of the e-mail address or the number for receiving electronic transmission of notices. s. 1, ch. The corporation board may approve changes to the operational budget for a fiscal year by providing written notification of such changes to the department. 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). 723.077, 723.078, and 723.079, which shall be a corporation for profit or not for profit and of which not less than two-thirds of all of the mobile home owners within the park shall have consented, in writing, to become members or shareholders. We're Price Change - 3 weeks ago. The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her behalf. 93-150; s. 1, ch. The mobile home owners, by and through the association defined in s. 723.075, shall have the right to purchase the park, provided the home owners meet the price and terms and conditions of the mobile home park owner by executing a contract with the park owner within 45 days, unless agreed to otherwise, from the date of mailing of the notice and provided they have complied with ss. This industry comprises businesses primarily engaged in operating mobile home parks, recreational vehicle parks, campgrounds and recreational and vacation camps. The change in the rules and regulations is unreasonable. 94-218; s. 912, ch. 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. In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. 2015-90; s. 23, ch. Entrance fees; refunds; exit fees prohibited; replacement homes. 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. 97-102; s. 2, ch. $104,000. However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee. 93-150; s. 913, ch. An increase in lot rental amount upon expiration of the term of the lot rental agreement must be in accordance with ss. All ballots must be uniform in appearance. 94-78; s. 4, ch. A mobile home park owner who enters into a rental agreement in which a prospectus is not provided shall give written notification to the mobile home owner of the following information prior to occupancy: The nature and type of zoning under which the mobile home park operates; the name of the zoning authority which has jurisdiction over the land comprising the mobile home park; and a detailed description containing all information available to the mobile home park owner, including the time, manner, and nature, of any definite future plans which he or she has for future changes in the use of the land comprising the mobile home park or a portion thereof. Rules of the park: Mobile park homes usually have their own set of rules. s. 1, ch. to the best possible course of action, and we pride ourselves on offering It is common for mobile homes to be located together . The new rules were fairly standard though a bit heavy-handed: no more than 2 cars in the driveway, if a car isn't registered or licensed it has to be dent and rust-free, no statues or lawn ornaments, no skateboarding or climbing trees, no cars on ramps for more than 3 hours, and no loitering or 'wandering' the streets after 9 pm. is The Edwards Law Firm, PL. In an action for possession, after entry of judgment in favor of the mobile home park owner, the clerk shall issue a writ of possession to the sheriff, describing the lot or premises and commanding the sheriff to put the mobile home park owner in possession. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose, and provide in writing to the committee at or before the meeting, the name, address, lot rental amount, and any other relevant factors relied upon by the park owner, such as facilities, services, and amenities, concerning the comparable mobile home parks. Division means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. Mobile home park owners general obligations. or viewing does not constitute, an attorney-client relationship. 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. In any such event, the corporation shall keep a record of the time and date of its approval of payment to a claimant. 2015-90; s. 1, ch. 97-102. The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. If payment is not submitted within 90 days after receipt of the invoice, a 20-percent late fee shall be assessed. Preparing for my routine County inspection. 723.025 Park owner's access to mobile home and mobile home lot. Rather, the meetings and discussions are intended to be in the nature of settlement discussions prior to the parties proceeding to mediation of any dispute. 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. All local statutes and ordinances in conflict herewith are expressly repealed. 93-160; s. 932, ch. The receipt, if requested, shall be signed at the time of delivery of the identified documents. However, the provisions of s. 212.12(1) do not apply to this chapter. Either party may submit to the opposing party at least 10 days prior to mediation a written request for information. Any inconsistency in the provisions of the charter of such previously created homeowners association shall be deemed amended to conform herewith. 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. 84-80; s. 59, ch. The parties may agree otherwise as to user fees which the homeowner chooses to incur. Notice required as set forth in subsection (2) shall be mailed by certified mail, return receipt requested. honest advice and accurate information. Prior to entering into an enforceable rental agreement for a mobile home lot, the park owner shall deliver to the homeowner a prospectus approved by the division. We're However, the new director may not take office until the vacancy occurs. 320.822. 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. Other provisions of this chapter notwithstanding, pass-on charges may be passed on only within 1 year of the date a mobile home park owner remits payment of the charge. 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. 85-62; s. 27, ch. 2005-79; s. 75, ch. No rule or regulation shall provide for payment of any fee, fine, assessment, or charge, except as otherwise provided in the prospectus or offering circular filed under s. 723.012, if one is required to be provided, and until after the park owner has complied with the procedure set forth in s. 723.037. The term lienholder as used in this act applies only to the lienholder for unpaid purchase price or first lien who has recorded said lien on the title of the mobile home. Mobile home subdivision homeowners association. All maintenance fees levied by the Association shall be paid by January 31st of each year. The purchase of a mobile home park by a governmental entity under its powers of eminent domain. Enforcement of right of assembly and right to hear outside speakers. No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter. The owners of lots in the mobile home subdivision are entitled to vote only on matters that effect their rights contained in ss. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. If requested by the landlord, the sheriff shall stand by to keep the peace while the landlord removes personal property. This section does not apply to any proceeding in eminent domain under chapter 73 or chapter 74. This paragraph does not preclude the finding that a lot rental agreement is invalid on other grounds and does not limit any rights of a mobile home owner or preclude a mobile home owner from seeking any remedies allowed by this chapter, including a determination that the lot rental agreement or any part thereof is unreasonable. If that is the case, you may not be permitted to move it. Recent legislative action, CHAPTER 2019-155, Committee Substitute for House Bill No. History.s. Mobile home means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). As used in subsection (1), the term offer means any solicitation by the park owner to the general public. The physical location where programs will be available, if not web-based. 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. 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. 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. Our Firm can provide advice to guide you through the operation of your A board or committee members participation in a meeting via telephone, real-time videoconferencing, or similar real-time telephonic, electronic, or video communication counts toward a quorum, and such member may vote as if physically present. 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. The notice shall be delivered to the officers of the homeowners association by United States mail. 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. (a) A mobile home or park trailer manufactured in accordance . 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