Sale of facilities serving a mobile home subdivision. For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable. 97-102; s. 5, ch. Other provisions not inconsistent with this chapter or with other documents governing the park property or mobile homes located therein. Thereafter, the homeowners association shall notify the park owner in writing by certified mail, return receipt requested, of any change of names and addresses of its president or registered agent. 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. 723.075-723.079 of the offer, stating the price and the terms and conditions of sale. This subsection is not intended to be enforced by civil or administrative action. Please see the Guidance below for General Safety: Chapter 64E-15, Florida Administrative Code, Application for Mobile Home Park, Mobile Home Park Housing Migrant Farmworkers, Lodging Park, Recreational Vehicle Park and Recreational Camp, Mobile Home Park Statute, Chapter 513, Florida Statutes, Mobile Home Park Rule Chapter 64E-15, Florida Administrative Code, Department of Business & Professional Regulations (DBPR), Division of Agriculture & Consumer Services (DACS), Annual Regulatory PlansFlorida Department of Health (pdf). If a violator fails to pay the civil penalty, the division shall thereupon issue an order directing that such violator cease and desist from further violation until such time as the civil penalty is paid or may pursue enforcement of the penalty in a court of competent jurisdiction. Preparing for my routine County inspection. assistance animal would The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. 2015-90. If tests are conducted out of the State of Florida, the anchor or component manufacturer shall pay the expenses . What laws are unique to living in a mobilehome park? The notice must identify all other affected homeowners, which may be by lot number, name, group, or phase. 90-198; s. 21, ch. 723.075-723.079. Sep 16, 2021 Updated Oct 21, 2022. Disclosure of all user fees currently charged for services offered which the homeowner may elect to incur and the manner in which the fees will be increased. Zoning Review: $30. 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. 1, 13, ch. 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. The parties shall each pay a $250 filing fee to the mediator appointed by the division or selected by the parties, within 30 days after the division notifies the parties of the appointment of the mediator. The notice shall be filed on or before January 1 of each year for any notice given during the preceding year. 2015-90; s. 32, ch. Surcharge: $5 if Valuation is less than $50,000. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present. If a homeowners association fails to pay the civil penalty, the division shall thereupon pursue enforcement in a court of competent jurisdiction, and the order imposing the civil penalty or the cease and desist order shall not become effective until 20 days after the date of such order. 723.023 Mobile home owner's general obligations. s. 1, ch. The division may review and approve educational curricula and training programs for board members and mobile home owners to be offered by providers and shall maintain a current list of approved programs and providers, and make such lists available to board members in a reasonable and cost-effective manner. If the committee disagrees with a park owners lot rental amount increase based upon comparable mobile home parks, the committee shall disclose to the park owner the name, address, lot rental amount, and any other relevant factors relied upon by the committee, such as facilities, services, and amenities, concerning the comparable mobile home parks. If a . 87-117; ss. 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 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. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The homeowner shall have no financial obligation to the park owner as a condition of occupancy in the park, except the lot rental amount. With respect to the first rental agreement for a mobile home lot in a developing park, the park has the right to condition such initial rental agreement upon the prospective residents purchasing the mobile home from a dealer chosen by the park developer. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct. 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. 2008-45; s. 4, ch. 723.077 and 723.079. Laws Determine Park Obligations Recent storm and hurricane damage has caused considerable concern to mobile home owners as to which duties are the responsibility of the park owner. If the particular animal requested by the individual with a disability 2001-227; s. 21, ch. 2003-263; s. 26, ch. Award a refund or a reduction in future rent payments. An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election or removal. For more information on how we can assist you in the legal and administrative 86-162; s. 15, ch. honest advice and accurate information. C.S. 2015-90; s. 23, ch. 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. 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. Although quite brief, this code reiterates the requirements set forth in Fla. Sta. 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. An association has the power to purchase lots in the park and to acquire, hold, lease, mortgage, and convey them. In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend upon the ground of a material noncompliance with any portion of this chapter or may raise any other defense, whether legal or equitable, which he or she may have. 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. Entrance fees; refunds; exit fees prohibited; replacement homes. s. 1, ch. 2020-27. Evidence of retaliatory conduct may be raised by the home owner as a defense in any action brought against him or her for possession. 84-80; s. 13, ch. If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may: Refuse to enforce the lot rental agreement. The division may bring an action in circuit court on behalf of a class of mobile home owners, mobile home park owners, lessees, or purchasers for declaratory relief, injunctive relief, or restitution. 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. Receive written approval from the mobile home park owner before making any exterior modification or addition to the home. s. 1, ch. 93-150; s. 913, ch. For real solutions to your mobile home legal problems, the trusted choice Any sale or transfer to a person who would be included within the table of descent and distribution if the park owner were to die intestate. 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. The division has the power and duty to enforce and ensure compliance with the provisions of this chapter and rules promulgated pursuant hereto relating to the rental, development, and sale of mobile home parks. 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. Any other fees, costs, entrance fees, or charges to which the mobile home owner may be subjected. 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. Operator of a mobile home park means either a person who establishes a mobile home park on land that is leased from another person or a person who has been delegated the authority to act as the park owner in matters relating to the administration and management of the mobile home park, including, but not limited to, authority to make decisions relating to the mobile home park. This allows them to provide a full range of legal services to their clients and to help them navigate the complex legal landscape. 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. See Florida Statutes 513.01 Mobile home park: means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. Any rent so received must be accounted for at the final hearing. 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.) A mobile home is defined as a portable residence or dwelling that does not have a permanent foundation. It is the intent of the Legislature, through the enactment of this subsection, to prohibit any owner, developer, or manager of a mobile home park from prohibiting free communication among mobile home owners or tenants in the guise of regulations or rules restricting or limiting canvassing for association, federation, or organization dues or other association, federation, or organization matters. The maximum number of lots that will use shared facilities of the park; and, if the maximum number of lots will vary, a description of the basis for variation. Whether or not a tenancy is covered by a valid written rental agreement, the required statutory provisions shall be deemed to be a part of the rental agreement. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. 4. Disclosure of any factors which may affect the lot rental amount, including, but not limited to: Maintenance costs, including costs of deferred maintenance. 91-421; s. 15, ch. 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. No advertising materials or oral statement made by any developer, park owner, or mobile home dealer shall: Misrepresent a fact or create a false or misleading impression regarding the mobile home or mobile home park. If the board determines not to certify the written agreement to recall members of the board, or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the board meeting, file with the division a petition for binding arbitration pursuant to the procedures of s. 723.1255. The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. A ballot may not indicate if any of the candidates are incumbent on the board. 90-198; s. 9, ch. 94-102. 86-162; s. 17, ch. 17-14. 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. All manufactured/mobile homes are required to be secured according to the manufacturer's installation specifications. According to the HUD mobile homes are homes built before 5 June 1976 when the Federal National Mfd. Interference with installation of appliances or interior improvements. 2003-263; s. 2, ch. 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. The Florida Statutes, Florida Administrative Code rules, and the Application Form can be downloaded by clicking on the title of the document. 97-102; s. 2, ch. 2. All fees and charges, assessments, or other financial obligations not included in the rental agreement and a copy of the rules and regulations in effect. Follow up with the Florida DHSMV to make sure title is transferred to your name. 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. YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). Disclosure of the manner in which the pass-through charges will be assessed. 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. The homeowners association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree, in writing, to such representation. In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum approved by the division within 1 year before or 90 days after the date of election or appointment. All proceeds from the fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund created by s. 718.509. A separate index of the contents and exhibits of the prospectus. 88-147; s. 5, ch. Mobile home subdivision homeowners association. 723.075-723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice. 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. At a recent City Council meeting, Central Florida Regional Planning Council Program Manager Jeff Schmucker said the Planning Council wanted to . s. 1, ch. 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. The division shall adopt rules establishing a category of minor violations of this chapter or rules promulgated pursuant hereto. 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. Limited proxies and general proxies may be used to establish a quorum. 91-223; s. 2, ch. 97-102. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. 85-155; s. 31, ch. Mobile home owner, mobile homeowner, home owner, or homeowner means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. 2020-27. The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her behalf. s. 1, ch. 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. A ballot may not provide a space for the signature of, or any other means of identifying, a voter. s. 1, ch. Only one vote per mobile home or subdivision lot shall be counted. Mobile Home Description. "The Forms Professionals Trust Trailer Park Rules Form Rating 4.79 Satisfied (222) Home Rules Mobile Form Popularity The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. It shall be unlawful for a mobile home park owner to execute on a writ of possession of a mobile home that is either undergoing foreclosure of a lien for unpaid purchase price or first lien, properly noticed pursuant to this act, or that has been foreclosed on by the lienholder, and the lienholder is the titleholder of the mobile home, so long as the lot rental amount is paid in accordance with s. 723.084(6). 723.024 Compliance by mobile home park owners and mobile home owners. The official records shall be made available to a member for inspection or photocopying within 20 business days after receipt by the board or its designee of a written request submitted by certified mail, return receipt requested. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. There are two common types of mobile home leases. 3390 Gandy Boulevard North, Lot 652, St. Petersburg. Except as provided in subsection (7), in order to obtain payment from the Florida Mobile Home Relocation Corporation, the mobile home owner shall submit to the corporation, with a copy to the park owner, an application for payment which includes: A copy of the notice of eviction due to change in use; and. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. has a history of dangerous behavior, the housing provider does not have There is created the Florida Mobile Home Relocation Corporation. Click on your state for information on specific state Tenant / Landlord Laws. It is common for mobile homes to be located together . 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. 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. The buyer must qualify as a tenant under the Park rules. 91-110; s. 168, ch. Either party may prepare and use additional information to support its position during or subsequent to the meetings required by this section. 97-291; s. 5, ch. Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. Persons authorized by park owner to receive notices. The arrangements for management of the park and maintenance and operation of the park property and of other property that will serve the mobile home owners and the nature of the services included. A permanent structure shall have a foundation and such other structural elements as are required pursuant to rules and regulations promulgated by the department which assure the rigidity and stability of the mobile home or park trailer. The board of directors may, in any event, propose a budget to the members at a meeting of members or in writing, and, if the budget or proposed budget is approved by the members at the meeting or by a majority of their whole number in writing, that budget shall be adopted. The park owner shall meet with the committee at a mutually convenient time and place within 30 days after receipt by the park owner of the request from the committee to discuss the disclosure provided by the committee. At the second meeting, the park owner may take into account the information on comparable parks provided by the committee, may supplement the information provided to the committee at the first meeting, and may modify his or her position, but the park owner may not change the information provided to the committee at the first meeting. 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 Board of directors and committee meetings. located in a mobile home park or a mobile home subdivision, or built in a . The division has the right to approve and require changes to such education and training programs. 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. The association and the members representative shall be named as the respondents. Intended for use in the State of Florida. The following are examples of prohibited conditions, uses and activities on or within county parks and beaches (See Ch. 2020-27. The programs shall provide information about statutory and regulatory matters relating to the board of directors of the homeowners association and their responsibilities to the association and to the mobile home owners in the mobile home park. The purchase of a mobile home park by a governmental entity under its powers of eminent domain. 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. 86-162; s. 11, ch. A proxy is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. An application to the corporation for compensation under subsection (1) or subsection (7) must be received within 1 year after the expiration of the eviction period as established in the notice required under s. 723.061(1)(d). The division shall maintain copies of each prospectus and all amendments to each prospectus which are considered adequate by the division. aspects of operating mobile home parks, please contact us today. 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 withChapter 513, Florida Statutes and Chapter 64E-15, Florida Administrative Code. Any exterior modification or addition to the home excess of market rent shall be filed or! 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