A committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence. A current roster of all members and their mailing addresses and lot identifications. Any inconsistency in the provisions of the charter of such previously created homeowners association shall be deemed amended to conform herewith. A separate index of the contents and exhibits of the prospectus. (2) pose an undue financial and administrative burden; or A park owner, within the same time period, may also petition the division to initiate mediation of the dispute. At mediation, the park owner and the homeowners committee may supplement the information provided to each other at the meetings described in subsection (4) and may modify their position, but they may not change the information provided to each other at the first and second meetings. If the contract between the park owner and the homeowners association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners association except as provided in sub-subparagraph b. A mobile home park owner or developer shall not charge any resident who chooses to install an electric or gas appliance in her or his mobile home an additional fee solely on the basis of such installation or restrict the installation, service, or maintenance of any such appliance or the making of any interior improvement in such mobile home, so long as the installation or improvement is in compliance with applicable building codes and other provisions of law. 97-102. 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. 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. If a park owner or operator, in good faith, has attempted to comply with the requirements of this chapter, and if, in fact, the park owner or operator has substantially complied with the disclosure requirements of this chapter, nonmaterial errors or omissions in the disclosure materials shall not be actionable. 86-162; s. 11, ch. Programs and materials may not contain editorial comments. The purpose of this subsection is to encourage discussion and evaluation by the parties of the comparable mobile home parks in the competitive market area. A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date, may be filled before the vacancy occurs. A proxy, limited or general, may not be used in the election of board members in general elections or elections to fill vacancies caused by recall, resignation, or otherwise. 87-102; s. 74, ch. Only one vote per mobile home or subdivision lot shall be counted. It is common for mobile homes to be located together . The board may temporarily fill the vacancy during the period of suspension. 88-147; s. 30, ch. 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. In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend upon the ground of a material noncompliance with any portion of this chapter or may raise any other defense, whether legal or equitable, which he or she may have. A member of the board of directors shall be removed from the board by the Secretary of Business and Professional Regulation, with or without cause, immediately after the written request for removal from the association in paragraph (a) that originally nominated that board member. Title 10 Chapter 153. 91-66; s. 12, ch. Minimum tread depth shall be 10" maximum riser height is 7-3/4". County: BREVARD. In the event that the homeowner declares bankruptcy, the lienholder is responsible for storage charges accrued from and after 5 days after the final court action discharging the bankruptcy, or releasing the collateral, whichever occurs first. With respect to the first rental agreement for a mobile home lot in a developing park, the park has the right to condition such initial rental agreement upon the prospective residents purchasing the mobile home from a dealer chosen by the park developer. 11:13:52 PM 1/15/2023. The word a following the word for was deleted by the editors. For a community to be considered "housing for older persons" as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements: At least 80% of the occupied units are occupied by at least one person 55 years of age or older. Legislative intent; preemption of subject matter. These establishments accommodate outdoor enthusiasts and are characterized by the type of accommodation and by the nature and the range of . The division has authority to adopt rules pursuant to ss. The association may adopt reasonable written rules governing the frequency, duration, and manner of members statements. The following services are offered to each lot and billed separately: Water and Sewer, Cable Television, Electricity, Telephone, Solid Waste/Recycling, and Stormwater Fees. 92-148. 2020-27. An arbitrator or mediator under ss. 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. The homeowner shall have no financial obligation to the park owner as a condition of occupancy in the park, except the lot rental amount. First Floor Elevation Waiver Application. 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. Payments to the Florida Mobile Home Relocation Corporation. A mediator appointed pursuant to this section shall have judicial immunity in the same manner and to the same extent as a judge. The information on this website is for general information purposes only. 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. s. 1, ch. To carry out the purposes and objectives of the corporation by making payments to mobile home owners under the relocation program. 97-291. 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.) If a party requests mediation and the opposing party refuses to agree to mediate upon proper request, the party refusing to mediate shall not be entitled to attorneys fees in any action relating to a dispute described in this section. Upon such a finding, the court shall award reasonable costs and attorneys fees to the prevailing party for proving the noncompliance. 2001-227; s. 7, ch. The curriculum of the program to be offered. 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 manner of collecting from the members their shares of the expenses for maintenance of the park property shall be stated. The mobile home owners application for funds under this subsection shall require the submission of a document signed by the park owner stating that the home has been abandoned under this subsection and that the park owner agrees to make payment to the corporation in the amount provided to the home owner under this subsection. It shall be unlawful for the property owner to refuse to allow the lienholder to repossess and move the mobile home for failure to pay any charges which were not noticed in accordance with the requirements of this section. If a mobile home owner is required to move due to a change in use of the land comprising a mobile home park as set forth in s. 723.061(1)(d), the mobile home park owner shall, upon such change in use, pay to the Florida Mobile Home Relocation Corporation for deposit in the Florida Mobile Home Relocation Trust Fund $2,750 for each single-section mobile home and $3,750 for each multisection mobile home for which a mobile home owner has made application for payment of moving expenses. The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. s. 8, ch. For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner, tenant, or occupant written notice, within 30 days after the first violation, which specified the actions of the mobile home owner, tenant, or occupant that caused the violation and gave the mobile home owner, tenant, or occupant 7 days to correct the noncompliance. The corporation shall, for purposes of s. 768.28, be considered an agency of the state. 2015-90; s. 3, ch. 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 trust fund shall be funded from moneys collected by the corporation from mobile home park owners under s. 723.06116, the surcharge collected by the department under s. 723.007(2), the surcharge collected by the Department of Highway Safety and Motor Vehicles, and from other appropriated funds. The programs shall provide information about statutory and regulatory matters relating to the board of directors of the homeowners association and their responsibilities to the association and to the mobile home owners in the mobile home park. 84-80; s. 59, ch. Mediation pursuant to this section is an informal and nonadversarial process. 88-147; s. 30, ch. This paragraph does not apply in instances in which the mobile home owner is evicted on the ground of nonpayment of rent; violation of a federal, state, or local ordinance; or violation of a properly promulgated park rule or regulation or leaves before the expiration date of his or her rental agreement. 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. Laws Determine Park Obligations Recent storm and hurricane damage has caused considerable concern to mobile home owners as to which duties are the responsibility of the park owner. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to: That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities; That the subject mobile home park has unique attributes that are shared with similar mobile home parks; That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by a home owner and not requested by the association. 94-170; s. 927, ch. 97-102; s. 4, ch. 2016-169; s. 28, ch. It is the purpose and intention of this section to preserve the marketability of title to mobile home parks, and, accordingly, the provisions of this section shall be liberally construed in order that all persons may rely on the record title to mobile home parks. 87-150; s. 16, ch. Preparing for my routine County inspection. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present. However, this requirement does not authorize the release of the names, addresses, or other private information about the homeowners to the association or any other person for any other purpose. Call us today @ 561.699.0399. 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. There are two common types of mobile home leases. 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. No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter. 723.002(2) and 723.074. The park owner has, however, the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owners quiet enjoyment of the lot. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. If the home is too old to move, it probably does not have a high insurance value. Any payment received 120 days or more after receipt of the invoice shall include a 25-percent late fee. This form template is available in MS Word format. A copy of the approval must be forwarded to the park owner with an invoice for payment. Notwithstanding this paragraph, the following records are not accessible to members or home owners: A record protected by the lawyer-client privilege as described in s. 90.502 and a record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorneys express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation, for adversarial administrative proceedings, or in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings. The division has the authority by rule to authorize amendments permitted by this chapter to an approved prospectus or offering circular. A speaker shall be used so that the conversation of those board or committee members attending by telephone may be heard by the board or committee members attending in person, as well as by members present at a meeting. Amendment of articles of incorporation and bylaws. 723.025 Park owner's access to mobile home and mobile home lot. 2005-79; s. 75, ch. 723.077 and 723.079. 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. Financial records of a mobile home park acquired by the division pursuant to any investigation under this section are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. All land used as a mobile home park shall be located on well-drained sites of ample size, free from heavy or dense growth of brush or weeds; the land shall be free from marsh and shall be graded to ensure rapid drainage during and following rain. Contact us online or call us today at (800) 896-3619 to speak with a lawyer for Florida mobile home parks. 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. 2005-79; s. 6, ch. This section does not apply to a park owner who is regulated pursuant to chapter 367 or by a county water ordinance. 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. Located together, for purposes of s. 768.28, be considered an of! 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