Copies of the following, to the extent they are applicable, as exhibits: The ground lease or other underlying leases of the mobile home park or a summary of the contents of the lease or leases when copies of the same have been filed with the division. 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. It is common for mobile homes to be located together . All notices of such names and addresses or changes made thereto shall be delivered to the mobile home owners residence or to another address specified in writing by the mobile home owner. Limit the application of the unreasonable provision so as to avoid any unreasonable result. s. 1, ch. It is suitable for living in year round. located in a mobile home park or a mobile home subdivision, or built in a . The refusal of the homeowner to sign the receipt shall under no circumstances constitute a ground for eviction of the homeowner or of a mobile home or for the imposition of any other penalty. An explanation of the manner in which the lot rental amount will be raised, including, but not limited to: Notification of the mobile home owner at least 90 days in advance of the increase. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device. This section does not limit the regulation of the uniform firesafety standards established under s. 633.206, but supersedes any other density, separation, setback, or lot size regulation adopted after initial permitting and construction of the mobile home park. Age verification is required at the signing of the lot lease agreement. The mobile home owner, tenant, or occupant must have received written notice of the ground upon which she or he is to be evicted at least 30 days prior to the date on which she or he is required to vacate. Amendment of articles of incorporation and bylaws. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. The division has the authority by rule to authorize amendments permitted by this chapter to an approved prospectus or offering circular. 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 division shall maintain copies of each prospectus and all amendments to each prospectus which are considered adequate by the division. The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. If the affected homeowners are not identified by name, the park owner shall make the names and addresses available upon request. 2001-227; s. 3, ch. Such discussions may be held in the common areas or recreational areas of the park, including halls or centers, or in any residents mobile home. However, as concerns the distribution of water, the park owner may charge for maintenance actually incurred and administrative costs. 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. An impartial committee shall be responsible for overseeing the election process and complying with all ballot requirements. 2007-47; s. 2, ch. Please call park office for details. 97-291; s. 5, ch. 723.002(2) and 723.074. 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. The arbitration shall be conducted in accordance with this section and the procedural rules adopted by the division. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. 92-148; ss. The Florida Association of RV Parks and Campgrounds, Mobile Home/RV Park Resident Emergency Preparedness Toolkit, Mobile Home/RV Park Owner/Operator Emergency Preparedness Toolkit, Department of Business & Professional Regulations (DBPR)- You may file a complaint online using the link provided or contact the complaint hotline at (850) 488-1122. 2001-227; s. 1, ch. When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination. Title 10 Chapter 153. Receive written approval from the mobile home park owner before making any exterior modification or addition to the home. Unreasonable means arbitrary, capricious, or inconsistent with this chapter. Filings for mobile home parks in which lots have not been offered for lease prior to June 4, 1984, shall be accompanied by a filing fee of $10 per lot offered for lease by the park owner; however, the fee shall not be less than $100. Notice by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal. 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. Moreover, a housing provider is All approved minutes of open meetings of members, committees, and the board of directors shall be kept in a businesslike manner and shall be available for inspection by members, or their authorized representatives, and board members at reasonable times. 84-80; s. 26, ch. Elections shall be decided by a plurality of the ballots cast. 97-291. The board may temporarily fill the vacancy during the period of suspension. s. 12, ch. Upon election or appointment of new officers or board members, the homeowners association shall notify the park owner in writing by certified mail, return receipt requested, of the names and addresses of the new officers or board members. Defenses to action for rent or possession; procedure. 723.023 Mobile home owner's general obligations. For a park in which there are 151-200 lots: $250. One-fourth of the operating budget shall be transferred to the corporation each quarter. 2. Park owners access to mobile home and mobile home lot. 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. If requested by the landlord, the sheriff shall stand by to keep the peace while the landlord removes personal property. Filings for mobile home parks in which lots have been offered for lease prior to the effective date of this chapter shall be accompanied by a filing fee as follows: For a park in which there are 26-50 lots: $100. In some Mobile Home Parks, the owners have very little insurance coverage or documented assets. 85-62; s. 14, 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. However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. 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 notice shall be filed on or before January 1 of each year for any notice given during the preceding year. The park owner shall furnish a copy of the prospectus or offering circular together with all of the exhibits thereto to each prospective lessee. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section. Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. The establishments that meet these criteria are licensed annually by the Health Department. 2003-263; s. 22, ch. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. 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. 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 The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by a home owner and not requested by the association. The notice shall state that an action for eviction has been filed against the homeowner, the amount of the daily storage charges calculated pursuant to this section, and the date upon which the homeowner is required to make regular payments to the property owner. 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. 723.0611, 723.06115, and 723.06116, the prevailing party is entitled to reasonable attorneys fees and costs. Florida Statutes, Chapter 61B of the Misrepresent the size, nature, extent, qualities, or characteristics of the offered facilities. Evidence of retaliatory conduct may be raised by the home owner as a defense in any action brought against him or her for possession. In 1960, mobile homes made up about 10% of the supply of new non-farm single-family dwellings. If a home is being altered from the way it left the factory including just attaching accessory structures such as an awning, is a permit required? 723.075-723.079. 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. An association that acquires a mobile home park pursuant to s. 723.071 is exempt from s. 719.1035 and the requirements of part VI of chapter 718 and part VI of chapter 719. 85-62; s. 930, ch. Any person who receives compensation from the corporation or the park owner pursuant to ss. 723.06115, 723.06116, and 723.0612. The home owner has complained to the park owner for failure to comply with s. 723.022. Suite 400 This subsection is intended to clarify existing law. (Code 1980, 17-13) Sec. The rules shall ensure that the home or park trailer is installed on a permanent foundation that resists wind, flood, flotation, overturning, sliding, and lateral movement of the home or park trailer. The Florida Mobile Home Act confirms that a mobile home owner has no financial obligation to a mobile home park owner except paying the lot rental. 86-162; s. 27, ch. No mobile home park owner or developer who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned utility or who purchases water from a water system for the purpose of supplying or reselling the electricity, gas, or water to any other person to whom she or he leases, lets, rents, subleases, sublets, or subrents the premises upon which the electricity, gas, or water is to be used shall charge, demand, or receive, directly or indirectly, any amount for the resale of such electricity, gas, or water greater than that amount charged by the public utility or municipally owned utility from which the electricity or gas was purchased or by the public water system from which the water was purchased. 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. The method by which the articles of incorporation and bylaws may be amended consistent with the provisions of this chapter shall be stated. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. 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. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of a mobile home owner to invite public officers, candidates who have qualified for public office, or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the mobile home park at reasonable times and in a reasonable manner in an open public meeting. Call us today @ 561.699.0399. Resale agreement means a contract in which a mobile home owner authorizes the mobile home park owner, or the park owners designee, to act as exclusive agent for the sale of the homeowners mobile home for a commission or fee. Copyright 2000- 2023 State of Florida. The division shall adopt rules to implement the board member training requirements for educational programs as provided in this chapter. 97-102; s. 3, ch. This chapter is created for the purpose of regulating the factors unique to the relationship between mobile home owners and mobile home park owners in the circumstances described herein. s. 1, ch. Sep 16, 2021 Updated Oct 21, 2022. 2015-90; s. 32, ch. The requirements of this subsection are satisfied by having a copy of the official records available for inspection or copying in the park or, at the option of the association, by making the records available to a member electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. Payments to the Florida Mobile Home Relocation Corporation. A mobile home subdivision in which no more than 30 percent of the total lots are leased will not be deemed to be a mobile home park, provided the mobile home owner is granted an option to purchase the lot when the lease is entered into and provided the purchase price of the lot is included in the original lease agreement. 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