Meetings of the board of directors are subject to the provisions of s. 286.011. Moreover, a housing provider is The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. If requested by the landlord, the sheriff shall stand by to keep the peace while the landlord removes personal property. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the members of the board. 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. The powers and duties of an association include those set forth in this section and ss. 2003-263. 84-80; ss. 84-80; s. 6, ch. 91-110; s. 168, ch. The division is authorized to prepare information to assist prospective mobile home owners and mobile home park owners in assessing the rights, privileges, and duties pertaining hereto. Building: 0.004 x ICC Valuation if more than or equal to $50,000 in valuation - less the Pre-Application Fee. 84-80; s. 1, ch. Defenses to action for rent or possession; procedure. It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required. 7, 8, ch. 2015-90; s. 5, ch. See Florida Statutes 513.01 Minimum tread depth shall be 10" maximum riser height is 7-3/4". 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. 1159, has charged ISA Certified Arborists with the authority to advise residential tree owners about the potential risk their tree (s) pose to people and/or property prior to pruning or removal. 84-80; s. 61, ch. The notice of eviction due to a change in use of the land must include in a font no smaller than the body of the notice the following statement: The park owner may not give a notice of increase in lot rental amount within 90 days before giving notice of a change in use. It is the intent of the Legislature that any homeowners association properly created pursuant to chapter 715 prior to the effective date of this act be deemed an association created pursuant to the provisions of this section and have all rights and powers granted under this section and ss. 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. However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee. 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. to the best possible course of action, and we pride ourselves on offering Age verification is required at the signing of the lot lease agreement. 723.075-723.079. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus. 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.) For the purposes of this section, an invitee is defined as a person whose stay at the request of a mobile home owner does not exceed 15 consecutive days or 30 total days per year, unless such person has the permission of the park owner or unless permitted by a properly promulgated rule or regulation. 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. The right to attend meetings of the board of directors and its committees includes the right to speak at such meetings with reference to all designated agenda items. 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. In the event that no homeowners association has been created pursuant to ss. The Rules and Regulations govern how residents of the park must conduct themselves and maintain their property in order to ensure the health, safety and enjoyment of the park by all occupants. Homeowners association means a corporation for profit or not for profit, which is formed and operates in compliance with ss. Mobile home subdivision homeowners association. Mobile Home/ Modular Home Permitting Forms & Information: Mobile Home Application Check List. No person shall be required by a mobile home park owner to pay an exit fee upon termination of his or her residency. 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. 85-155; s. 31, ch. A material noncompliance with this chapter by the park owner is a complete defense to an action for possession based upon nonpayment of rent, or a portion thereof, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the lot during the period of noncompliance with any portion of this chapter. 90-198; s. 9, ch. 97-102; s. 5, ch. 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 free Adobe Reader may be required to view these files. Violation of a park rule or regulation, the rental agreement, or this chapter. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section. The provisions of subsections (4) and (7) shall not apply to records relating to subscription funds collected pursuant to subsection (11). No mobile home park owner or developer shall require a mobile home owner of the mobile home park to purchase from such mobile home park owner underskirting, equipment for tying down a mobile home, or any other equipment required by law, local ordinance, or regulation of the mobile home park. Alternative resolution of recall, election, and inspection and photocopying of official records disputes. 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. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present. Park owners access to mobile home and mobile home lot. 84-80; s. 11, ch. The association may not have a member or shareholder who is not a bona fide owner of a mobile home located in the park. 2004-13; s. 3, ch. Lifetime leases and the renewal provisions in automatically renewable leases, both those existing and those entered into after July 1, 1986, are not assumable unless otherwise provided in the mobile home lot rental agreement or unless the transferee is the home owners spouse. That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. For a park in which there are 51-100 lots: $150. 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. If a ballot contains more votes than vacancies or fewer votes than vacancies, the ballot is invalid unless otherwise stated in the bylaws. 90, Article II, Sarasota County Code of Ordinances for complete list): Holding, drinking from, possessing or disposing of glass containers of any kind. The calculation for damages begins on the 21st business day after receipt of the written request, submitted by certified mail, return receipt requested. You need to take a step-by, thorough process to protect your investment. At a recent City Council meeting, Central Florida Regional Planning Council Program Manager Jeff Schmucker said the Planning Council wanted to . or viewing does not constitute, an attorney-client relationship. In order to exercise the rights of a homeowners association as provided in this chapter, the mobile home owners shall form an association in compliance with this section and ss. 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. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. 84-80; s. 6, ch. 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. A park owner is deemed to have disclosed the passing on of ad valorem property taxes and non-ad valorem assessments if ad valorem property taxes or non-ad valorem assessments were disclosed as a separate charge or a factor for increasing the lot rental amount in the prospectus or rental agreement. Any payment received 120 days or more after receipt of the invoice shall include a 25-percent late fee. FL 84-80; s. 14, ch. Borrow from private finance sources in order to meet the demands of the relocation program established in s. 723.0612. s. 7, ch. For a period of 180 days after the date of a purchase of a mobile home park by the association, the association shall not be required to comply with the provisions of part V of chapter 718, part V of chapter 719, or part II of chapter 720, as to mobile home owners or persons who have executed contracts to purchase mobile homes in the park. s. 1, ch. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the park property. This type of home can be hooked up to utilities. No entity, other than the department, has authority to amend these uniform standards. 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. 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. If that is the case, you may not be permitted to move it. In the event that the lienholder does not notify the property owner of its intention to not pay storage charges, the storage charges shall accrue and be due and owing to the property owner. 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. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this section. A description of the mobile home park property, including, but not limited to: The number of lots in each section, the approximate size of each lot, the setback requirements, and the minimum separation distance between mobile homes as required by law. 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. Thereafter, in the event of a change in the name or address of the park owner or the park owners agent for service of process, the park owner shall notify in writing the president or registered agent of the homeowners association of such change by certified mail, return receipt requested. For purposes of mediation under ss. All rights reserved. Thereafter, the division shall notify the complainant of the status of the investigation within 90 days after receipt of the written complaint. 2020-27. To apply for a new permit, download and complete anApplication for Mobile Home Park, Mobile Home Park Housing Migrant Farmworkers, Lodging Park, Recreational Vehicle Park and Recreational Camp and submit it, along with a plan of your park, information on the water system, the sewage disposal system, any swimming pools and the required permit fee to the Environmental Health Section of the County Health Department where your park or camp is located. 84-80; s. 5, ch. The journals or printed bills of the respective chambers should be consulted for official purposes. 97-102; s. 4, ch. A mobile home park that is damaged or destroyed due to wind, water, or other natural force may be rebuilt on the same site with the same density as was approved, permitted, and built before the park was damaged or destroyed. s. 1, ch. The moving contractor may redeem the voucher from the corporation following completion of the relocation and upon approval of the relocation by the mobile home owner. Notwithstanding any other provision of law, the minutes of board or committee meetings that are closed to members are privileged and confidential and are not available for inspection or photocopying. Properly promulgated rules may provide for the screening of any prospective purchaser to determine whether or not such purchaser is qualified to become a tenant of the park. In 1960, mobile homes made up about 10% of the supply of new non-farm single-family dwellings. Except as provided in paragraph (i), a vacancy occurring on the board of directors may be filled by the affirmative vote of the majority of the remaining directors, even though the remaining directors constitute less than a quorum; by the sole remaining director; if the vacancy is not so filled or if no director remains, by the members; or, on the application of any person, by the circuit court of the county in which the registered office of the corporation is located. Moneys in the Florida Mobile Home Relocation Trust Fund may be expended only: To pay the administration costs of the Florida Mobile Home Relocation Corporation; and. The data is part of the official records of the association. 84-80; s. 2, ch. aspects of operating mobile home parks, please contact us today. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. Entrance fees on new mobile home placements shall be specifically set forth in the prospectus or offering circular. St Petersburg, FL 33702. 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. 97-102; s. 3, ch. 2015-90; s. 23, ch. Contact Number: 727-222-1283. We are located in Eastern Pasco County, Florida, just north of . 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. At the time the sheriff executes the writ of possession, the landlord or the landlords agent may remove any personal property, including the mobile home, found on the premises to or near the property line or, in the case of the mobile home, into storage. 88-147; s. 30, ch. 87-102; s. 74, ch. This program includes approximately 5,400 mobile home parks, lodging and recreational vehicle parks, and recreational camps in Florida. If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to initial occupancy of a new mobile home, the rental agreement is voidable by the lessee until 15 days after the receipt by the lessee of the prospectus or offering circular and all exhibits thereto. Payments to the Florida Mobile Home Relocation Corporation. The parties may agree to select their own mediator, and such mediation shall be governed by the rules of procedure established by the division. . 94-78; s. 4, ch. 97-102; s. 7, ch. 723.023 Mobile home owner's general obligations. for H.B. 84-182; s. 1, ch. The requirements of this subsection are not intended to be enforced by civil or administrative action. 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. 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. 2020-27. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. At Time of Permit Issuance. A member may not allow any other person to cast his or her ballot, and any ballots improperly cast are invalid. 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. 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. Restrictions on, and requirements respecting, the use and maintenance of mobile homes located within the park, and the use of the park property, which restrictions and requirements are not inconsistent with the articles of incorporation. 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. Line & Grade: $310. The County Health Departments receive and investigate environmental health and sanitation complaints about these facilites. by Pat O'Connor. 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. Upon delivery of a prospectus to a prospective lessee, the lot rental agreement is voidable by the lessee for a period of 15 days. In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures. An impartial committee shall be responsible for overseeing the election process and complying with all ballot requirements. Permits are needed anywhere from changing a window, to building a house. If a mobile home park owner receives a bona fide offer to purchase the park that she or he intends to consider or make a counteroffer to, the park owners only obligation shall be to notify the officers of the homeowners association that she or he has received an offer and disclose the price and material terms and conditions upon which she or he would consider selling the park and consider any offer made by the home owners, provided the home owners have complied with ss. In the event that the real property owner refuses to allow the lienholder to repossess and move the mobile home, then the real property owner shall be liable to the lienholder for each day that the real property owner unlawfully maintains possession of the home, at a daily rate equal to one-thirtieth of the monthly payment last paid by the homeowner to the real property owner, or, if no payment has been made, the payment required pursuant to contract between the real property owner and the homeowner. If the proposed recall is by an agreement in writing by a majority of all members, the agreement in writing or a copy thereof shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure. In the case of a used mobile home, or where the manufacturer's specifications are not available, the home must be tied-down in accordance with the Florida Department of Highway Safety and Motor Vehicles specifications. Limited proxies and general proxies may be used to establish a quorum. 92-148. The property owner and lienholder may enter into any contract providing rights, duties, and obligations different from those set forth in this act, and the terms and conditions of such contract shall control the rights, duties, and obligations of the parties with respect to any action at law brought to enforce the provisions of this act. 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. 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. 2008-240; s. 3, ch. An increase in lot rental amount upon expiration of the term of the lot rental agreement must be in accordance with ss. All advertising materials for, used by, or promoting any mobile home park shall be filed with the division by the developer, park owner, or mobile home dealer within 30 days of the end of each calendar quarter in which it was used, unless the material has been previously filed. 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 30 days after receipt of the invoice, a 10-percent late fee shall be assessed. 97-291; s. 5, ch. 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. 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. 2008-240; s. 8, ch. Maintain utility connections and systems for which the park owner is responsible in proper operating condition. 723.075-723.079, said mobile home owners association shall be the authorized representative of owners of lots in said mobile home subdivision provided: The members of the mobile home owners association have, by majority vote, authorized the inclusion of subdivision lot owners in the mobile home park homeowners association; and. A statement as to whether all improvements are complete and, if not, their estimated completion dates. Mobile home cooperative homeowners associations; elections. 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. 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. Neither the sheriff nor the landlord nor his or her agent shall be responsible to the tenant or any other party for loss, destruction, or damage to the property after it has been removed. Tenants of the Venice Municipal Mobile Home Park must be 55 years or older. In addition, the park owner or developer may not unreasonably restrict the use of any facility, including the use of utilities, when requested. This subsection is not intended to be enforced by civil or administrative action. If a mobile home or subdivision lot is owned jointly, the owners of the mobile home or subdivision lot must be counted as one for the purpose of determining the number of votes required for a majority. s. 1, ch. The Mobile Home Park Tenant Violates the Rules and Regulations Governing the Mobile Home Park. It is unlawful for a mobile home park owner to discriminatorily increase a home owners rent or discriminatorily decrease services to a home owner, or to bring or threaten to bring an action for possession or other civil action, primarily because the park owner is retaliating against the home owner. Any mobile home park rule or regulation providing for fees or charges contrary to the terms of this section is null and void. 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. Any party acquiring an interest in a mobile home park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owners compliance with the provisions of s. 723.071. As enacted; the reference to this section is probably intended to refer to ss. 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. 86-162; s. 14, ch. The court shall assess the parties equally to pay the compensation awarded to the arbitrators if neither party requests a trial de novo. 86-162; s. 15, ch. 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. Misrepresent the nature or extent of any service incident to the tenancy. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of all the mobile home owners in all matters relating to this chapter, regardless of whether the homeowner is a member of the association. 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