97-102; s. 6, ch. The Florida Statutes, Florida Administrative Code rules, and the Application Form can be downloaded by clicking on the title of the document. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. The rules governing the operation of mobile home parks, RV parks lodging camps, and recreational camps are known as Chapter 64E-15 of the Florida Administrative Code (F.A.C.). 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. All such costs shall be levied against such parcels as one (1) share per parcel regardless of how many persons reside on said parcel. 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). 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. Mobile home park owner or park owner means an owner or operator of a mobile home park. s. 1, ch. All other facilities and permanent improvements that will serve the mobile home owners. Victims of housing discrimination can file a complaint with this agency or HUD within one (1) year from the date of the discriminatory act. Resident-owned An impartial committee shall be responsible for overseeing the election process and complying with all ballot requirements. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: One or more officers or employees of the corporation who the director reasonably believes to be reliable and competent in the matters presented; Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons professional or expert competence; or. 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. The division has the right to approve and require changes to such education and training programs. 2020-27. The division shall maintain copies of each prospectus and all amendments to each prospectus which are considered adequate by the division. A copy of the bylaws of the association and each amendment to the bylaws. An association has the power to make, levy, and collect assessments and to lease, maintain, repair, and replace the common areas upon purchase of the mobile home park. 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. The rules must provide procedures governing the conduct of the recall election as well as the operation of the association during the period after a recall but before the recall election. 2001-227; s. 21, ch. E-mail addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a home owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the persons name, lot designation, mailing address, and property address. 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. A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners association, if one has been formed, at least 90 days before any increase in lot rental amount or reduction in services or utilities provided by the park owner or change in rules and regulations. Members of the board of directors may be reimbursed from moneys of the corporation for actual and necessary expenses incurred by them as members but may not otherwise be compensated for their services. Privacy There will be no overly close neighbors that will disturb your peace. 723.022 Mobile home park owner's general obligations. 2015-90; s. 1, ch. 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. 3390 Gandy Boulevard North, Lot 652, St. Petersburg. Within 45 days after the date of mailing of the notice, the homeowners association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. 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. In any event, this section does not apply if the park owner proves that the eviction is for good cause. All of the associations insurance policies or copies thereof, which must be retained within this state for at least 5 years after the expiration date of the policy. Residents are responsible for making sure their guests comply. Pass-through charges must be separately listed as to the amount of the charge, the name of the governmental entity mandating the capital improvement, and the nature or type of the pass-through charge being levied. 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. Notice required as set forth in subsection (2) shall be mailed by certified mail, return receipt requested. If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this chapter. Failure by a tenant of the park to comply with the lease agreement or with the rules and regulations are grounds for eviction. 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. We chose Sherry because of her professional experience in real estate., I will definitely recommend her to any of my friends or customers., She promptly contacted the other party on our behalf and literally within 10 days, we had all of our money refunded back to us., The Edwards law firm recently helped me through a lengthy family real estate transaction., I would absolutely recommend Sherry and team to anyone looking for any kind of real estate help!, 500 South Washington Blvd Rules adopted as a result of restrictions imposed by governmental entities and required to protect the public health, safety, and welfare may be enforced prior to the expiration of the 90-day period but are not otherwise exempt from the requirements of this chapter. The park owner or subdivision developer shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or subdivision developer has acted as agent for the mobile home owner or the owner of a lot in a mobile home subdivision in the sale pursuant to a written contract. $17.99 Write up a set of rules for occupants of a Florida mobile home park with this Florida Mobile Home Park Rules and Regulations template. The department shall make the first one-fourth quarter transfer on the first business day of the fiscal year and make the remaining one-fourth quarter transfers before the second business day of the second, third, and fourth quarters. 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. documents governing the Association. Limited proxies and general proxies may be used to establish a quorum. YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). 92-148; s. 2, ch. A contract with a moving or towing contractor for the moving expenses for the mobile home. Chapter 723 Florida Statutes 2018 If you own your mobile home and the lot it sits on within a park, you reside in a resident-owned mobile home park. 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. 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. The division may not accept for filing a recall petition, whether or not filed pursuant to this subsection, and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled. 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. The calculation for damages begins on the 21st business day after receipt of the written request, submitted by certified mail, return receipt requested. 2015-90; s. 3, ch. The County Health Departments receive and investigate environmental health and sanitation complaints about these facilites. Any rent so received must be accounted for at the final hearing. Florida Mobile Home Relocation Corporation. As enacted; the reference to this section is probably intended to refer to ss. Any person authorized by a park owner to receive notices and demands on the park owners behalf retains such authority until the mobile home owner is notified otherwise. "The Forms Professionals Trust Trailer Park Rules Form Rating 4.79 Satisfied (222) Home Rules Mobile Form Popularity Since then these homes are legally referred to as Manufactured Homes, even though in the U.S. they are still commonly called mobile homes. 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. 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. Property owners purchased the land from Ray Hammond in 1981 and had a groundbreaking ceremony on November 17, 1983, by Ray Hammond, a resident, and original owner and developer, along with Board Members and Building community. 723.027 Persons authorized by park owner to receive notices. 2020-27. 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. Upon receiving a petition to mediate a dispute, the division shall, within 20 days, notify the parties that a mediator has been appointed by the division. An association has the power to purchase lots in the park and to acquire, hold, lease, mortgage, and convey them. 93-150; s. 913, ch. A dispute between a mobile home owner and a homeowners association regarding the election and recall of officers or directors under s. 723.078(2)(b) or regarding the inspection and photocopying of official records under s. 723.079(5) must be submitted to mandatory binding arbitration with the division. s. 1, ch. 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. 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. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. Cost Living in mobile homes means a reduction in bills and the likes. If the particular animal requested by the individual with a disability Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. Mobile home park owners general obligations. 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. Notices of increase in the lot rental amount due to a pass-through charge must state the additional payment and starting and ending dates of each pass-through charge. This subsection shall not be construed to prohibit those increases in lot rental amount for those lot rental agreements for which an approved prospectus was required to be delivered and which was delivered on or before July 1, 1986, if the mobile home park owner had: If a mobile home owner has deposited or advanced money on a rental agreement as security for performance of the rental agreement, which money is held in excess of 3 months by the mobile home park owner or his or her agent, such deposit shall be handled pursuant to s. 83.49. 2001-227; s. 8, ch. Homes without proper tie-downs are less resistant to high winds. 93-160; s. 932, ch. 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. 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. Either party to a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair dealings. We are located in Eastern Pasco County, Florida, just north of . 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 inspections focus on the following: 1) proper sewage disposal to minimize the risk of diseases such as hepatitis, salmonella, and shigella; 2), safe drinking water to minimize the risks of diseases such as giardia and cryptosporidium; 3) safe solid waste collection and disposal to minimize rat and roach infestations, as well as reservoirs for mosquitoes and associated diseases such as West Nile Virus, Dengue, St. Louis and Eastern Equine Encephalitis, eliminate vectors that transmit rabies and diseases associated with ticks. 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. Any inconsistency in the provisions of the charter of such previously created homeowners association shall be deemed amended to conform herewith. 723.061-723.0612 shall not have a cause of action against the corporation or the park owner for any claim arising under the rights, duties, and obligations of the corporation or park owner in ss. 84-80; s. 4, ch. 91-206; s. 1, ch. A mediator appointed pursuant to this section shall have judicial immunity in the same manner and to the same extent as a judge. 1, 2, ch. 97-102; s. 5, ch. No rental agreement shall provide for the eviction of a mobile home owner on a ground other than one contained in s. 723.061. 97-102; s. 3, ch. 93-150. 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 with Chapter 513, Florida Statutes and Chapter 64E-15, Florida Administrative Code. The division is authorized to require disclosures to fully and fairly disclose all matters required by this chapter. 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. All rights reserved. 2002-1; s. 2, ch. Download original report (pdf) Prepared by Frederick H. Bair, Jr. A copy of the written rules or policies of the association and each amendment to the written rules or policies. I live in a mobile home park in Florida and. Mobile home owners, as defined in this chapter, who no longer are eligible for membership in the converted association may form an association pursuant to s. 723.075. s. 1, ch. An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. "Person" means any person, firm, corporation, partnership, or association. State Government Agencies. All guests, family members, or invitees are required to abide by properly promulgated rules and regulations. 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. A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park. Zoning Review: $30. Rights of lienholder on mobile homes in rental mobile home parks. In any such event, the corporation shall keep a record of the time and date of its approval of payment to a claimant. A penalty may be imposed on the basis of each separate violation and, if the violation is a continuing one, for each day of continuing violation, but in no event may the penalty for each separate violation or for each day of continuing violation exceed $5,000. 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. The objective of this program is to minimize the risk of injury and illness in this residential environment. The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Such canvassing shall be done at a reasonable time or times and in a reasonable manner. Prior to entering into an enforceable rental agreement for a mobile home lot, the park owner shall deliver to the homeowner a prospectus approved by the division. The corporation shall, for purposes of s. 768.28, be considered an agency of the state. History.s. Chapter 15C-1, Florida Administrative Code, requires that all mobile/manufactured home installations be performed by a licensed mobile home installer. ss. 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. Upon the conclusion of the mediation, the mediator shall notify the division that the mediation has been concluded. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. If the bylaws fail to provide a method of amendment, the bylaws may be amended by the board of directors and approved by a majority of members at a meeting at which a quorum is present. Examples of such good cause include, but are not limited to, good faith actions for nonpayment of the lot rental amount, violation of the rental agreement or of park rules, or violation of the terms of this chapter. The buyer must qualify as a tenant under the Park rules. 84-80; s. 6, ch. accommodation; Unreasonable means arbitrary, capricious, or inconsistent with this chapter. Obligation of good faith and fair dealings. Tree: $70. assistance animal would Meetings of the board of directors are subject to the provisions of s. 286.011. However, a mobile home park that rents spaces to recreational vehicles on the basis of long-term leases is required to comply with the laws and rules relating to mobile home parks including but not limited to chapter 723, if applicable. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. Preparing for my routine County inspection. 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. Failure to provide prospectus or offering circular prior to occupancy. Payments to the Florida Mobile Home Relocation Corporation. 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. 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. 2004-13; s. 3, 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. Florida hard money loans over $500,000 can have any rates set by the borrower and lender, but the state does have a yearly cap of 25%. Notice of all meetings open to members shall be posted in a conspicuous place upon the park property at least 48 hours in advance, except in an emergency. 84-80; s. 14, ch. Any other records that identify, measure, record, or communicate financial information. 2008-45; s. 4, ch. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section. The following services are offered to each lot and billed separately: Water and Sewer, Cable Television, Electricity, Telephone, Solid Waste/Recycling, and Stormwater Fees. Minimum tread width is 36". 2002-27; s. 1, ch. All ballots must be uniform in appearance. 2020-27. 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. The park owner shall comply with the provisions of s. 723.061 in determining whether the homeowner may qualify as a tenant. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. s. 1, ch. For a park in which there are 201 or more lots: $300. If the recall is approved by a majority of all members by a vote at a meeting, the recall is effective as provided in this paragraph. Segregating individuals or families within the mobile home park on the basis of national origin or familial status. 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. 91-202; s. 242, ch. If the association fails to comply with the order of the arbitrator, the division may take action under s. 723.006. Suite 400 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. If a mobile home owner is required to move due to a change in use of the land comprising the mobile home park as set forth in s. 723.061(1)(d) and complies with the requirements of this section, the mobile home owner is entitled to payment from the Florida Mobile Home Relocation Corporation of: The amount of actual moving expenses of relocating the mobile home to a new location within a 50-mile radius of the vacated park, or. SQFT. This program includes mobile home parks where the lots are not individually owned, lodging and recreational vehicle parks, and recreational camps. The department shall process requests that include such documentation, subject to the availability of sufficient funds within the trust fund, within 5 business days after receipt of the request. For purposes of mediation under ss. Reasonable action necessary to correct a statutory or rule violation. Sep 16, 2021 Updated Oct 21, 2022. If such mediators are not available, the division may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. A mobile home owner abandons the mobile home as set forth in s. 723.0612(7). However, the new director may not take office until the vacancy occurs. For a park in which there are 51-100 lots: $150. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park. However, the park owner is not required to furnish a copy of the prospectus or offering circular if the tenancy is a renewal of a tenancy and the mobile home owner has previously received the prospectus or offering circular. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. Limited proxies may be used for votes taken to amend the articles of incorporation or bylaws pursuant to this section, and any other matters for which this chapter requires or permits a vote of members. The term non-ad valorem assessments has the same meaning as provided in s. 197.3632(1)(d). Mediation pursuant to this section is an informal and nonadversarial process. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, This paragraph constitutes grounds to deny an initial tenancy of a purchaser of a home under paragraph (e) or to evict an unapproved occupant of a home. If the applicant files a claim or cause of action that disqualifies the applicant under subsection (9) and the claim is subsequently dismissed, the application must be received within 6 months following filing of the dismissal with prejudice as required under subsection (9). As used in subsections (1) and (2), the term notify means the placing of a notice in the United States mail addressed to the officers of the homeowners association. 84-80; s. 10, ch. 84-80; s. 3, ch. In the event that the lienholder files either an action for replevin of the home or forecloses on the lien for unpaid purchase price or first lien, the lienholder is responsible for storage charges accrued from 30 days after the date of filing of the action for replevin or foreclosure. Florida Administrative Code, the Prospectus and rules and regulations governing the community, and A reduction in bills and the Application Form can be downloaded by clicking on title! 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