Florida mobile home park regulations allow passing taxes, like ad valorem taxes on the land, to the homeowners. 90-198; s. 9, ch. 1 / 46. Actions of the Florida Mobile Home Relocation Corporation under this section are not subject to the provisions of chapter 120 but are reviewable only by writ of certiorari in the circuit court in the county in which the claimant resides in the manner and within the time provided by the Florida Rules of Appellate Procedure. 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. The notice shall be filed on or before January 1 of each year for any notice given during the preceding year. 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. All other notices may be by regular mail, and will, for purposes of calculation of time, be considered delivered 5 days after the date postmarked. 723.023 Mobile home owner's general obligations. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. Mobile Home/RV Park Application Package . to the best possible course of action, and we pride ourselves on offering 2001-231; s. 2, ch. Any conveyance of an interest in a mobile home park incidental to the financing of such mobile home park. Write-in candidates and more than one vote per candidate per ballot are not allowed. 723.075-723.079 of the offer, stating the price and the terms and conditions of sale. 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. 97-291. Florida Statute 719 regulates residential cooperative apartments. 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. A copy of the bylaws of the association and each amendment to the bylaws. 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. Upon a persons failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to the circuit court for an order compelling compliance. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Each mobile home park owner shall pay to the division, on or before October 1 of each year, an annual fee of $4 for each mobile home lot within a mobile home park which he or she owns. 723.031 Mobile home lot rental agreements. The purchaser of the mobile home may cancel or rescind the contract for purchase of the mobile home if the purchasers tenancy has not been approved by the park owner 5 days before the closing of the purchase. 17-14. (1) result in substantial physical damage to the property of others unless 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. 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. 84-80; s. 2, ch. 88-147; s. 5, ch. Any transfer by a partnership to any of its partners. Award such other equitable relief as deemed necessary. 2020-27. In any action brought by the corporation to collect payments assessed under this chapter, the corporation may file and maintain such action in Leon County. These rules typical . 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. Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. 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. This chapter shall not be construed to apply to any other tenancy, including a tenancy in which both a mobile home and a mobile home lot are rented or leased by the mobile home resident or a tenancy in which a rental space is offered for occupancy by recreational-vehicle-type units which are primarily designed as temporary living quarters for recreational camping or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. If you have questions regarding the forms, or what needs a permit, please call the Citrus County Building Division at (352) 527-5310. 90-198; s. 2, ch. 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). This information is not intended to create, and receipt 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. Other than the requirements specified under this section, neither the corporation nor the department is required to take any other action as a prerequisite to accomplishing the provisions of this section. The division is authorized to require disclosures to fully and fairly disclose all matters required by this chapter. The board may temporarily fill the vacancy during the period of suspension. s. 12, 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. When both the mobile home and lot are rented or when fewer than 10 lots are available for rent or lease, the tenancy shall be governed by the provisions of part II of chapter 83, the Florida Residential Landlord and Tenant Act. However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below 10 if that tenancy was subject to the provisions of this chapter prior to the reduction in lots. 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. 84-80; s. 59, ch. Such emergency action shall be noticed and ratified at the next regular meeting of the board. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the associations providing the member or his or her authorized representative with a copy of such records. 92-148; s. 61, ch. The rules and regulations and the prospectus shall be deemed to be incorporated into the rental agreement. Title 10 Chapter 153. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATOR. Proportionate share as used in subsection (17) means an amount calculated by dividing equally among the affected developed lots in the park the total costs for the necessary and actual direct costs and impact or hookup fees incurred for governmentally mandated capital improvements serving the recreational and common areas and all affected developed lots in the park. 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. Committee
The buyer must qualify as a tenant under the Park rules. Lot rental amount means all financial obligations, except user fees, which are required as a condition of the tenancy. s. 3, ch. Victims may also file a private lawsuit in the federal district court . 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 division shall promulgate rules of procedure to govern such proceedings in accordance with the rules of practice and procedure adopted by the Supreme Court. Discrimination or discriminatory means that a homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment. The Tenant shall accept full responsibility for any and all damages to the Lot and the Park which are caused by the pet or by keeping the pet on the premises. 723.022 Mobile home park owner's general obligations. s. 1, ch. The officers and directors of the association have a fiduciary relationship to the members. The homeowner shall have no financial obligation to the park owner as a condition of occupancy in the park, except the lot rental amount. Prohibited or unenforceable provisions in mobile home lot rental agreements. Any person who violates any of the provisions of this paragraph is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A minor violation means a violation which does not endanger the health, safety, or welfare of mobile home residents, which does not involve the failure to make full and fair disclosure, or which does not cause economic harm to mobile home park residents. Either party may submit to the opposing party at least 10 days prior to mediation a written request for information. The division shall not impose a civil penalty in excess of $250 per advertisement for each instance of the untimely filing of advertising materials. Upon the conclusion of the mediation, the mediator shall notify the division that the mediation has been concluded. Surcharge: $5 if Valuation is less than $50,000. honest advice and accurate information. 91-224; s. 920, ch. 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. 2007-47. Thereafter, the lienholder shall pay storage charges according to the schedule of payments that the homeowner was responsible for paying. Pets must meet the stated size restrictions and must be kept under control at all times. The parties may accept the mediator appointed by the division or, within 30 days, select a mediator to mediate the dispute. 85-62; s. 14, ch. 94-170; s. 927, ch. In its entirety, the code is as follows: 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code. The information on this website is for general information purposes only. 88-147; s. 8, ch. Any person whose application for funding pursuant to subsection (1) or subsection (7) is approved for payment by the corporation shall be barred from asserting any claim or cause of action under this chapter directly relating to or arising out of the change in use of the mobile home park against the corporation, the park owner, or the park owners successors in interest. Any inconsistency in the provisions of the charter of such previously created homeowners association shall be deemed amended to conform herewith. Sale of utilities by park owner or developer. 723.033 and 723.037 or s. 723.059(4), whichever is applicable; provided that, pursuant to s. 723.059(4), the amount of the lot rental increase is disclosed and agreed to by the purchaser, in writing. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. 2002-27; s. 11, ch. 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. 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. 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. An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. The petition must be filed within 60 days after the recall is deemed certified. At all times comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes, including compliance with all building permits and construction requirements for construction on the mobile home and lot. For real solutions to your 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. Such rules shall include the requirements for content and notice of the board member training program to assure that providers meet minimum training requirements. A mobile home owner shall not be entitled to compensation under subsection (1) when: The 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 park owner or manager before notice of the change in use has been given; A mobile home owner abandons the mobile home as set forth in subsection (7); or. The home owner is responsible for all fines imposed by the local government for noncompliance with any local codes. Defenses to action for rent or possession; procedure. Ask about a homeowner association and what f. It takes more than luck to make a wise investment when you are looking to purchase a mobile home. Each party involved in the mediation proceeding has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during such proceeding, whether or not the dispute was successfully resolved. 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. Within 10 days of the recording, the homeowners association shall provide a copy of the recorded notice to the park owner at the address provided by the park owner by certified mail, return receipt requested. Copyright 2023 MegaDox. Collection of the surcharge shall begin during the first calendar year after this subsection takes effect. Please call park office for details. 723.077 and 723.079. At all times keep the mobile home lot that he or she occupies clean, neat, and sanitary, and maintained in compliance with all local codes. 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. The park owner shall comply with the provisions of s. 723.061 in determining whether the homeowner may qualify as a tenant. The surcharge shall be reinstated in the next calendar year if the balance in the trust fund is below $6 million on June 30. 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. 90-198; s. 9, 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. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management. At Time of Permit Issuance. Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners. The word a following the word for was deleted by the editors. If a notice of increase in lot rental amount is not given 90 days before the renewal date of the rental agreement, the rental agreement must remain under the same terms until a 90-day notice of increase in lot rental amount is given. 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. A copy of the written rules or policies of the association and each amendment to the written rules or policies. 723.032 Mobile home park owners general obligations. For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any book, document, or other tangible thing and the identity and location of any person having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. The mobile home park owner may request that the homeowner sign a receipt indicating that the homeowner has received a copy of the prospectus, the rules and regulations, and other pertinent documents so long as any such documents are clearly identified in the receipt itself. 96-406; s. 4, ch. Payments to the Florida Mobile Home Relocation Corporation. It is unlawful for any person or his or her agent to file any notice, statement, or other document required under this section which is false or contains any material misstatement of fact. 94-102. All local statutes and ordinances in conflict herewith are expressly repealed. For a park in which there are 101-150 lots: $200. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. This subsection does not authorize the association to modify or move any easement created in whole or in part for the use or benefit of anyone other than the members, or crossing the property of anyone other than the members, without his or her consent or approval as required by law or the instrument creating the easement. 2179 was amended on the floor. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information. s. 1, ch. Mobile Home/ Modular Home Permitting Forms & Information: Mobile Home Application Check List. 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. For the first violation of any properly promulgated rule or regulation, rental agreement provision, or this chapter which is found by any court of competent jurisdiction to have been an act that endangered the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents, the mobile home park owner may terminate the rental agreement, and the mobile home owner, tenant, or occupant must vacate the premises within 7 days after the notice to vacate is delivered. 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). Under Florida law, a 55+ or adult only mobile home park must register with the Florida Commission on Human Relations and establish specific guidelines for accepting new home buyers under the Fair Housing Act. 2011-105; s. 29, ch. The calculation for damages begins on the 21st business day after receipt of the written request, submitted by certified mail, return receipt requested. History.s. If the association has a photocopy machine available where the records are maintained, it must provide a member with copies on request during the inspection if the entire request is no more than 25 pages. 2020-27. However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee. The financial and accounting records of the association, kept according to good accounting practices. 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. 2003-263; s. 2, ch. 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. 723.06115, 723.06116, and 723.0612. 723.031 Mobile home lot rental agreements. Such consent may be revoked in writing by the mobile home owner at any time. A current roster of all members and their mailing addresses and lot identifications. 97-102; s. 6, ch. 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. A ballot may not provide a space for the signature of, or any other means of identifying, a voter. The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. Board members must be elected by written ballot or by voting in person. This subsection does not invalidate 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: Filed a prospectus with the division prior to entering into the lot rental agreement; Made a good faith effort to correct deficiencies cited by the division by responding within the time limit set by the division, if one was set; and. Upon receipt of its certificate of incorporation, the homeowners association shall notify the park owner in writing of such incorporation and shall advise the park owner of the names and addresses of the officers of the homeowners association by personal delivery upon the park owners representative as designated in the prospectus or by certified mail, return receipt requested. 3. 2007-47; s. 2, ch. Notice of application for change in zoning. One-fourth of the operating budget shall be transferred to the corporation each quarter. 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. or viewing does not constitute, an attorney-client relationship. If the fee is not paid by December 31, the mobile home park owner shall be assessed a penalty of 10 percent of the amount due, and he or she shall not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more board members. 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