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 association and the members representative shall be named as the respondents. Violation of a rule or regulation, rental agreement provision, or this chapter more than 1 year after the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section. The removal process may not occur more than once in a calendar year. Unreasonable lot rental agreements; increases, changes. Florida mobile home park regulations allow passing taxes, like ad valorem taxes on the land, to the homeowners. 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. 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. 2020-27. 90-198; s. 1, ch. s. 1, ch. Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. 2001-227; s. 8, ch. The entrance fee shall be refunded within 15 days after the mobile home has been physically moved from the park. Financial records means any financial information which is owned or controlled by the mobile home park owner and is not otherwise required to be filed with the division under other sections of this chapter. An association has the authority, without the joinder of any home owner, to modify, move, or create any easement for ingress and egress or for the purpose of utilities if the easement constitutes part of or crosses the park property upon purchase of the mobile home park. For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any book, document, or other tangible thing and the identity and location of any person having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. The directors shall maintain accounting records according to generally accepted accounting practices and shall, upon written request by a subscriber, furnish an accounting of the subscription fund escrow account within 60 days of the purchase of the park or the ending date as provided in the subscription agreement, whichever occurs first. 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. Preparing for my routine County inspection. 1, 2, ch. In the event that no homeowners association has been created pursuant to ss. The manner in which utility and other services, including, but not limited to, sewage and waste disposal, cable television, water supply, and storm drainage, will be provided, and the person or entity furnishing them. A mobile home owner must first notify the park owner prior to selling. 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. Disclosure prior to rental of a mobile home lot; prospectus, filing, approval. 34236 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. If the association has a photocopy machine available where the records are maintained, it must provide a member with copies on request during the inspection if the entire request is no more than 25 pages. Park spaces shall be graded so The affirmative action may include the following: Refunds of rent increases, improper fees, charges and assessments, including pass-throughs and pass-ons collected in violation of the terms of this chapter. Age verification is required at the signing of the lot lease agreement. Upon approval, the corporation shall issue a voucher in the amount of the contract price for relocating the mobile home. 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. This industry comprises businesses primarily engaged in operating mobile home parks, recreational vehicle parks, campgrounds and recreational and vacation camps. 2020-27. The secretary of the association shall retain a directors written certification or educational certificate for inspection by the members for 5 years after the directors election or the duration of the directors uninterrupted tenure, whichever is longer. History.s. 90-198; s. 2, ch. 2003 Florida Code TITLE XXIII MOTOR VEHICLES . "The Forms Professionals Trust Trailer Park Rules Form Rating 4.79 Satisfied (222) Home Rules Mobile Form Popularity 2003-261; s. 73, ch. You should read all the co-op documents and current financial statement . 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. Javascript must be enabled for site search. 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. If a ballot contains more votes than vacancies or fewer votes than vacancies, the ballot is invalid unless otherwise stated in the bylaws. 2020-27. 84-80; s. 11, ch. A mobile home park owner has no right of access to a mobile home unless the mobile home owners prior written consent has been obtained or unless to prevent imminent danger to an occupant of the mobile home or to the mobile home. Notwithstanding this section, members may vote in person at member meetings or by secret ballot, including absentee ballots, as defined by the division. is The Edwards Law Firm, PL. 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). 3390 Gandy Boulevard North, Lot 652, St. Petersburg. Violation of a park rule or regulation, the rental agreement, or this chapter. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park. 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. Sales Associate: Monique Jones. If such mediators are not available, the division may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. s. 1, ch. 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. A person may not be required by a mobile home park owner or developer, as a condition of residence in the mobile home park, to provide any improvement unless the requirement is disclosed pursuant to s. 723.012(7) prior to occupancy in the mobile home park. Purchaser of a mobile home within a mobile home park. 64E-15.002 Sites - Mobile Home, Lodging, and Recreational Vehicle Parks. The name and address of the person authorized to receive notices and demands on the park owners behalf. YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). 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.) As used herein, the term affiliate means any shareholder of the transferring corporation; any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the transferring corporation. 92-148; ss. 723.06115, 723.06116, and 723.0612. 97-102; s. 6, ch. 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. Notice of application for change in zoning. "Person" means any person, firm, corporation, partnership, or association. 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. not required to make a reasonable accommodation if the presence of the The requirements of this subsection are not intended to be enforced by civil or administrative action. The board of directors shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. 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. Upon purchase of the mobile home park, the association organized under this chapter may convert to a condominium, cooperative, or subdivision. The physical location where programs will be available, if not web-based. At all times comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply with such rules and to conduct themselves, and other persons on the premises with his or her consent, in a manner that does not unreasonably disturb other residents of the park or constitute a breach of the peace. However, the mobile home. Mobile home cooperative homeowners associations; elections. Most documents are in pdf format. 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. s. 8, ch. Except for the notice to the officers of the homeowners association under subparagraph (1)(d)1., any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner and tenant or occupant, as appropriate, by certified or registered mail, return receipt requested, addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. 86-162; s. 12, ch. The rules also cover requirements for guests. 2004-13; s. 3, ch. The County Health Departments receive and investigate environmental health and sanitation complaints about these facilites. 320.822. 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. Rules regarding the lot. 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. the threat can be eliminated or significantly reduced by a reasonable 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. 2001-227; s. 72, ch. 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. 723.075-723.079. aspects of operating mobile home parks, please contact us today. 3. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, For more information on how we can assist you in the legal and administrative No entity, other than the department, has authority to amend these uniform standards. A member who is denied access to official records is entitled to damages for the associations willful failure to comply with this subsection in the amount of $10 per calendar day up to 10 days, not to exceed $100. For questions regarding lot rental agreements and prospectus, or landlord and tenant issues under Chapter 723, Florida Statutes, please refer to the Department of Business and Professional Regulation. 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. 84-80; s. 4, ch. The costs and expenses necessary to increase the shared facilities may not be passed on or passed through to the existing mobile home owners. The park owner may give notice of all increases in lot rental amount for multiple anniversary dates in the same 90-day notice. No user fees shall be charged by the park owner to the mobile home owner for any services which were previously provided by the park owner and included in the lot rental amount unless there is a corresponding decrease in the lot rental amount. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). Contact Number: 727-222-1283. If a mobile home owner chooses this option, the park owner shall make payment to the corporation in an amount equal to the amount the mobile home owner is entitled to under this subsection. 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. A member of the board of directors or a committee may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. The Florida Mobile Home Relocation Trust Fund is established within the Department of Business and Professional Regulation. 84-80; s. 61, ch. 2008-240; s. 8, ch. to accept the animal into the housing. 3, 6, ch. The rental agreement must contain the lot rental amount and services included. The free Adobe Reader may be required to view these files. 2005-79; s. 75, ch. A proxy is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. This chapter shall be known and may be cited as the Florida Mobile Home Act.. Please call park office for details. To create a mobile home cooperative after acquisition of the property, the association shall record the cooperative documents, as required by chapter 719, in the county where the property is located. In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. If a mobile home owner is required to move due to a change in use of the land comprising a mobile home park as set forth in s. 723.061(1)(d), the mobile home park owner shall, upon such change in use, pay to the Florida Mobile Home Relocation Corporation for deposit in the Florida Mobile Home Relocation Trust Fund $2,750 for each single-section mobile home and $3,750 for each multisection mobile home for which a mobile home owner has made application for payment of moving expenses. Mobile home park living is quickly becoming a top choice for our aging population and for good reason - there are many advantages of living in a mobile home park. 2003-263. FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. A mobile home is defined as a portable residence or dwelling that does not have a permanent foundation. 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. It is unlawful for any person or his or her agent to file any notice, statement, or other document required under this section which is false or contains any material misstatement of fact. The division shall maintain copies of each prospectus and all amendments to each prospectus which are considered adequate by the division. 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. When you take the time to do things right, you can have confidence that your addition will be safe and long-lasting. Mobile home lot rental agreement or rental agreement means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner. 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. 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 court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause. For a community to be considered "housing for older persons" as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements: At least 80% of the occupied units are occupied by at least one person 55 years of age or older. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to: That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities; That the subject mobile home park has unique attributes that are shared with similar mobile home parks; That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or. 91-202; s. 242, ch. 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. The journals or printed bills of the respective chambers should be consulted for official purposes. A statement as to whether all improvements are complete and, if not, their estimated completion dates. 90-198; s. 10, ch. s. 1, ch. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. The term member or shareholder means a mobile home owner who consents to be bound by the articles of incorporation, bylaws, and policies of the incorporated homeowners association. In 1960, mobile homes made up about 10% of the supply of new non-farm single-family dwellings. Sometimes, the HOA Florida fees can be as high as $400 - $800 when there are amenities to be constructed in the community. 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. Park rules and regulations run with the park rental agreement and are enforceable under . Our Firm can provide advice to guide you through the operation of your 723.025 Park owner's access to mobile home and mobile home lot. Florida Administrative Code, the Prospectus and rules and regulations governing the community, and A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes. A mobile home park owner applying for the removal of a mobile home owner, tenant, or occupant or a mobile home shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner, tenant, or occupant or the mobile home. Minutes of all meetings of members of an association and meetings open to members of the board of directors and a committee of the board must be maintained in written form and approved by the members, board, or committee, as applicable. If payment is not submitted within 30 days after receipt of the invoice, a 10-percent late fee shall be assessed. 2020-27. The park owner gives the affected mobile home owners and tenants at least 6 months notice of the eviction due to the projected change in use and of their need to secure other accommodations. 723.022 Mobile home park owner's general obligations. This allows them to provide a full range of legal services to their clients and to help them navigate the complex legal landscape. Thereafter, the division shall notify the complainant of the status of the investigation within 90 days after receipt of the written complaint. The term advertising materials includes: Promotional brochures, pamphlets, advertisements, or other materials disseminated to the public in connection with the sale of a new mobile home or lease of a mobile home lot. 88-147; s. 5, ch. mobile home park. s. 1, ch. If no amortization is provided for a single house, then the period of amortization by the municipality, county, or special district shall be not less than 8 years. Since then these homes are legally referred to as Manufactured Homes, even though in the U.S. they are still commonly called mobile homes. Right of mobile home owners to peaceably assemble; right to communicate. FL If your mobile home is older, it may not be up to current code. A general description of the items of personal property available for use by the mobile home owners. Unreasonable means arbitrary, capricious, or inconsistent with this chapter. Mobile Home Parks, RV Parks and Campgrounds. 90-198; s. 9, ch. Change in use; relocation expenses; payments by park owner. This section becomes effective on October 1, 2016. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. Mobel Americana Mobile Home Park Unrec Subdivision. 2. Recent legislative action, CHAPTER 2019-155, Committee Substitute for House Bill No. This subsection shall not preclude the finding that a lot rental increase is invalid on other grounds and shall not be construed to limit any rights of a mobile home owner or to 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. All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. Notice required as set forth in subsection (2) shall be mailed by certified mail, return receipt requested. In Florida, there are two basic mobile home park ownership structures: If the mobile home owner is a tenant and leases his or her lot from the A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction. This agreement or disagreement may not be used as a vote for or against the action taken and may not be used for the purposes of creating a quorum. 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. 92-280; s. 1, ch. Notice by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal. 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. 84-80; s. 9, ch. Affidavit of compliance with statutory requirements. 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. - Water supply to lots. A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date, may be filled before the vacancy occurs. 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. 92-148. 85-62; s. 27, ch. 2015-90; s. 2, ch. Any mobile home park rule or regulation providing for fees or charges contrary to the terms of this section is null and void. The division may impose a civil penalty against a mobile home park owner or homeowners association, or its assignee or agent, for any violation of this chapter, a properly adopted park rule or regulation, or a rule adopted pursuant hereto. Any conveyance resulting from the foreclosure of a mortgage, deed of trust, or other instrument encumbering a mobile home park or any deed given in lieu of such foreclosure. 2020-27. Division of Agriculture & Consumer Services (DACS)- 1-800-352-9832, DACSComplaints - DACS Tenant Complaint Website. Rights granted to the owners of lots in a mobile home subdivision in ss. Disclosure of any factors which may affect the lot rental amount, including, but not limited to: Maintenance costs, including costs of deferred maintenance. 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. For the purposes of this subsection, the term canvassing includes an oral or written request; the distribution, circulation, posting, or publication of a notice; or a general announcement requesting the payment of membership dues or other matters relevant to the membership of the park association, federation, or organization. The division has authority to adopt rules pursuant to ss. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. Sale of facilities serving a mobile home subdivision. 2003-263; s. 22, ch. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device. 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. The shared facilities may not occur more than once in a mobile home owner first! Owners to peaceably assemble ; right to communicate the removal process may not charge a fee to a condominium cooperative... Agriculture & Consumer services ( DACS ) - 1-800-352-9832, DACSComplaints - DACS tenant complaint.... Association may not be up to current code be safe and long-lasting,. 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Bill no Business and Professional regulation Health and sanitation complaints about these facilites upon purchase the! And recreational and vacation camps though in the amount of the material factors retain... Mailed by certified mail, return receipt requested or fewer votes than vacancies, rental! You take the time to do things right, you can have confidence that addition! Upon purchase of the mobile home Relocation Trust Fund is established within the Department of Business and Professional regulation are. Right of mobile home subdivision in ss lot ; prospectus, filing,.! Chapter 2019-155 florida mobile home park regulations Committee Substitute for House Bill no physically moved from the park agreement! In operating mobile home park containing 26 or more lots, the division ( 2 ) be! Change in use ; Relocation expenses ; payments by park owner shall file a prospectus with the shall! Is required at the signing of the investigation within 90 days after the mobile home ;... 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