Each swimming pool, as to its general location, approximate size and depths, and approximate deck size and capacity and whether heated. The powers and duties of an association include those set forth in this section and ss. 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. 88-147; s. 7, ch. located in a mobile home park or a mobile home subdivision, or built in a . 2015-90; s. 5, ch. If such mediators are not available, the division may select a mediator from the list maintained by the Florida Growth Management Conflict Resolution Consortium. 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. Free Preview Rules Regulations Tenant All forms provided by US Legal Forms, the nations leading legal forms publisher. Evidence of retaliatory conduct may be raised by the home owner as a defense in any action brought against him or her for possession. No Property Tax! Delivery of the mailed notice shall be deemed given 5 days after the date of postmark. The data is part of the official records of the association. Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, if: The park owner gives written notice to the homeowners association formed and operating under ss. Committee 88-147; s. 914, ch. Upon incorporation of the association, all consenting mobile home owners in the park may become members or shareholders. A mobile home owner abandons the mobile home as set forth in s. 723.0612(7). 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. The Department of Business and Professional Regulation shall publish a notice of proposed rule pursuant to s. 120.54(3)(a) by October 1, 2016. Persons authorized by park owner to receive notices. ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATOR. Copyright 2000- 2023 State of Florida. This type of home can be hooked up to utilities. This section does not apply to any proceeding in eminent domain under chapter 73 or chapter 74. 87-150; s. 16, ch. Mediation pursuant to this section is an informal and nonadversarial process. The division shall approve training and educational programs for board members of mobile home owners associations formed and operated pursuant to s. 723.075(1) and mobile home owners. mobile home park. Rather, the meetings and discussions are intended to be in the nature of settlement discussions prior to the parties proceeding to mediation of any dispute. Failure to provide prospectus or offering circular prior to occupancy. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party. The park owner shall file annually with the division a copy of any notice of a lot rental amount increase. 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. An association has the authority, without the joinder of any home owner, to modify, move, or create any easement for ingress and egress or for the purpose of utilities if the easement constitutes part of or crosses the park property upon purchase of the mobile home park. The cost of such programs shall be borne by the providers of the programs. Mobile home park living is quickly becoming a top choice for our aging population and for good reason - there are many advantages of living in a mobile home park. First Floor Elevation Waiver Application. 158 (2) All anchors, piers and tie-down components used in the installation of a mobile/manufactured home or park trailer shall be tested, listed and approved by the Florida Department of Highway Safety and Motor Vehicles, Bureau of Mobile Home and Recreational Vehicle Construction. 2001-227; s. 22, ch. Residents of Paradise Park Mobile Home Park in Miami received a six-month eviction notice during the heart of the pandemic last November, days after the park was bought by developers intent on redeveloping it, probably as condos. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. 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. FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. 86-162; s. 25, ch. To create a mobile home cooperative after acquisition of the property, the association shall record the cooperative documents, as required by chapter 719, in the county where the property is located. A mobile home park owner applying for the removal of a mobile home owner, tenant, or occupant or a mobile home shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner, tenant, or occupant or the mobile home. Also, the stair structure should be freestanding and not bear on the mobile home or otherwise use it for support in any way. Written notification in the absence of a prospectus. Segregating individuals or families within the mobile home park on the basis of national origin or familial status. 84-80; s. 1, ch. 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. This subsection is not intended to be enforced by civil or administrative action. It is unlawful for any mobile home park owner or developer to make any agreement, written or oral, whereby the fees authorized in this subsection will be split between such mobile home park owner or developer and any mobile home dealer, unless otherwise provided for in this chapter. For the purposes of this subsection, the term canvassing includes an oral or written request; the distribution, circulation, posting, or publication of a notice; or a general announcement requesting the payment of membership dues or other matters relevant to the membership of the park association, federation, or organization. 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. 2, 3, 4, ch. Florida Mobile Home Relocation Trust Fund. 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. 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. Board of directors and committee meetings. The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. 2015-90; s. 2, ch. 98-200; s. 1895, ch. 84-182; s. 1, ch. Owning a Mobile Home and Renting it to Tenants The rules vary in mobile home parks regarding the owner renting their mobile home to a tenant. 2004-13; s. 3, ch. 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). 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. 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. 2008-240. The parties may agree to select their own mediator, and such mediation shall be governed by the rules of procedure established by the division. 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. (2) pose an undue financial and administrative burden; or 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. This is the situation described above. 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. The court shall notify the mobile home owner of such requirement. In any event, this section does not apply if the park owner proves that the eviction is for good cause. 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. Such rules shall include the requirements for content and notice of the board member training program to assure that providers meet minimum training requirements. 723.075-723.079 of the offer, stating the price and the terms and conditions of sale. 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. 92-78; s. 3, ch. 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. Any exchange of a mobile home park for other real property, whether or not such exchange also involves the payment of cash or other boot. 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. Payments to the Florida Mobile Home Relocation Corporation. 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. New Florida Tree Law - Chapter 2019-155 - Florida Chapter ISA. 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. 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. A copy of the rental agreement or agreements to be offered for rental of mobile home lots. The term member or shareholder means a mobile home owner who consents to be bound by the articles of incorporation, bylaws, and policies of the incorporated homeowners association. However, HOA fees vary from one Florida community HOA to another. A mediator appointed pursuant to this section shall have judicial immunity in the same manner and to the same extent as a judge. The notice may provide for a rental term shorter than 1 year in order to maintain the same renewal date. 2002-27; s. 10, ch. The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. 91-206; s. 1, ch. 90-198; s. 9, ch. Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded. 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. Mobile Home Park Fee There may be additional fees involved in buying a Florida mobile home in a park. Intended for use in the State of Florida. 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. One-fourth of the operating budget shall be transferred to the corporation each quarter. A member may not allow any other person to cast his or her ballot, and any ballots improperly cast are invalid. Each party shall be responsible for paying its own attorney fees, expert and investigator fees, and associated costs. Park (mobile) home owner rights and responsibilities - fees and repairs, selling or giving away a home and residents' associations, settling disputes s. 1, ch. 90-198; s. 9, ch. s. 1, ch. 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. No application for funding pursuant to subsection (1) or subsection (7) shall be approved by the corporation if the applicant has filed a claim or cause of action, is actively pursuing a claim or cause of action, has settled a claim or cause of action, or has a judgment against the corporation, the park owner, or the park owners successors in interest under this chapter directly relating to or arising out of the change in use of the mobile home park, unless such claim or cause of action is dismissed with prejudice. All covenants and restrictions and zoning which will affect the use of the property and which are not contained in the foregoing. Required education curriculum information for board member and mobile home owner training shall include: The provider of the training programs, which shall include the following information regarding its training and educational programs: A price list, if any, for the programs and copies of all materials. 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. 723.075-723.079. 93-150. The costs and expenses necessary to increase the shared facilities may not be passed on or passed through to the existing mobile home owners. Homeowners committee means a committee, not to exceed five persons in number, designated by a majority of the affected homeowners in a mobile home park or a subdivision; or, if a homeowners association has been formed, designated by the board of directors of the association. 723.06115, 723.06116, and 723.0612. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. No resolution arising from a mediation proceeding as provided for in s. 723.037 or this section shall be deemed final agency action. The effective date of the cooperative shall be the date of the recording. 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. When the mobile home owner has deposited funds into the registry of the court in accordance with the provisions of this section and the park owner is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income from the premises, the park owner may apply to the court for disbursement of all or part of the funds or for prompt final hearing, whereupon the court shall advance the cause on the calendar. Only one vote per mobile home or subdivision lot shall be counted. Any transfer by gift, devise, or operation of law. Examples of conduct for which the park owner may not retaliate include, but are not limited to, situations where: The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park; The home owner has organized, encouraged, or participated in a homeowners organization; or. Change in use; relocation expenses; payments by park owner. 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. Surcharge: $5 if Valuation is less than $50,000. 2020-27. If a ballot contains more votes than vacancies or fewer votes than vacancies, the ballot is invalid unless otherwise stated in the bylaws. Upon election or appointment of new officers or board members, the homeowners association shall notify the park owner in writing by certified mail, return receipt requested, of the names and addresses of the new officers or board members. Other provisions of this chapter notwithstanding, pass-on charges may be passed on only within 1 year of the date a mobile home park owner remits payment of the charge. Upon written request by the homeowners association, the park owner shall notify the homeowners association by certified mail, return receipt requested, of the name and address of the park owner, the park owners agent for service of process, and the legal description of the park. 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.