No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall prohibit any mobile home owner from canvassing mobile home owners for the purposes described in this subsection. This subsection does not prevent any homeowner from objecting to a zoning change at any time. The board of directors may, in any event, propose a budget to the members at a meeting of members or in writing, and, if the budget or proposed budget is approved by the members at the meeting or by a majority of their whole number in writing, that budget shall be adopted. The committee shall provide to the park owner the disclosure, in writing, within 15 days after the meeting with the park owner, together with a request for a second meeting. Amendment of articles of incorporation and bylaws. This section does not preclude department inspection of corporation records 5 business days after receipt of written notice. Natural Resources: $55. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the mobile home owners to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the mobile home park. If you have questions regarding the forms, or what needs a permit, please call the Citrus County Building Division at (352) 527-5310. 88-147; s. 3, ch. The same duties and privileges imposed by chapter 212 upon dealers in tangible property respecting the collection and remission of tax; the making of returns; the keeping of books, records, and accounts; and the compliance with the rules of the enforcing agency in the administration of that chapter apply to and are binding upon all persons who are subject to the fee, penalty, and fine provisions of this chapter. A current roster of all members and their mailing addresses and lot identifications. No amendment may change the proportion or percentage by which members share in the assessments and expenses as initially established unless all the members affected by such change approve the amendment. 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. The rules and regulations and the prospectus shall be deemed to be incorporated into the rental agreement. 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. The park's homeowners association has filed suit, claiming that the new owners are obliged to provide a proper . However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee. The division shall also establish, by rule, the fee to be charged by a mediator which shall not exceed the fee authorized by the circuit court. The prevailing party in any action brought to enforce the provisions of. 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. The nominating entity must include nominees for replacement with the request for removal, and the secretary must immediately fill the vacancy created by the removal. The committee shall address all lot rental amount increases that are specified in the notice of lot rental amount increase, regardless of the effective date of the increase. If the committee disagrees with a park owners lot rental amount increase based upon comparable mobile home parks, the committee shall disclose to the park owner the name, address, lot rental amount, and any other relevant factors relied upon by the committee, such as facilities, services, and amenities, concerning the comparable mobile home parks. Legislative intent; preemption of subject matter. Offering circular has the same meaning as the term prospectus as it is used in this chapter. 96-394; s. 3, ch. A mobile home owner must first notify the park owner prior to selling. Reasonable action necessary to correct a statutory or rule violation. not required to make a reasonable accommodation if the presence of the For a park in which there are 101-150 lots: $200. Any mobile home owners association or group of residents of a mobile home park as defined in this chapter may conduct bingo games as provided in s. 849.0931. Such canvassing shall be done at a reasonable time or times and in a reasonable manner. Any number greater than 50 percent of the total number of votes constitutes a majority. Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded. 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. 97-102; s. 3, ch. 94-102. 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. The real property owner shall be entitled to collect storage charges accruing from 5 days after the lienholder receives written notice of either an eviction proceeding instituted by the real property owner against the homeowner, or that the mobile home is abandoned or voluntarily surrendered by the homeowner. In lieu of collecting payment from the Florida Mobile Home Relocation Corporation as set forth in subsection (1), a mobile home owner may abandon the mobile home in the mobile home park and collect $1,375 for a single section and $2,750 for a multisection from the corporation as long as the mobile home owner delivers to the park owner the current title to the mobile home duly endorsed by the owner of record and valid releases of all liens shown on the title. 723.075, 723.076, and 723.078 which shall have the powers and duties, to the extent applicable, set forth in ss. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. 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. 723.035, 723.037, 723.038, 723.054, 723.055, 723.056, 723.058, and 723.068 are applicable to mobile home subdivision developers and the owners of lots in mobile home subdivisions. ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATOR. Individual cooperatives may vote and pass any legal rules and regulations requested by the membership. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, The Florida Commission of Human Relations is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act. For a park in which there are 151-200 lots: $250. 3, 6, ch. 2003-263; s. 26, 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. The financial and accounting records of the association, kept according to good accounting practices. Conviction of a violation of a federal or state law or local ordinance, if the violation is detrimental to the health, safety, or welfare of other residents of the mobile home park. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this chapter shall be construed to prevent the enforcement of a right or duty under this section, s. 723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s. 723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s. 723.062, s. 723.063, or s. 723.081 by civil action after the party has exhausted its administrative remedies, if any. If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the members recall meeting, the recall shall be deemed effective and the board members so recalled shall immediately turn over to the board all records and property of the association. For a park in which there are 51-100 lots: $150. 723.06115, 723.06116, and 723.0612. Florida Statute 719 regulates residential cooperative apartments. Skip to Navigation | Skip to Main Content | Skip to Site Map. 2020-27. aspects of operating mobile home parks, please contact us today. 723.025 Park owner's access to mobile home and mobile home lot. Rather, the meetings and discussions are intended to be in the nature of settlement discussions prior to the parties proceeding to litigation of any dispute. The permit fee is based on the number of spaces your park has; the County Health Department can help you calculate the correct permit fee for your proposed facility. 86-162; s. 11, ch. The following services are offered to each lot and billed separately: Water and Sewer, Cable Television, Electricity, Telephone, Solid Waste/Recycling, and Stormwater Fees. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. 723.075-723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice. About a year ago someone from the council turned up, going over our mobile home park and reporting back various 'transgressions' to the park owner in regards to the six metre rule between homes, and in particular various things such as the distances and / or heights of fences, trees, shrubs, porches, etc that fall within that 6 metre space. 1, 2, ch. Download original report (pdf) Prepared by Frederick H. Bair, Jr. 2020-27. 723.075-723.079. Except as provided in paragraph (i), a vacancy occurring on the board of directors may be filled by the affirmative vote of the majority of the remaining directors, even though the remaining directors constitute less than a quorum; by the sole remaining director; if the vacancy is not so filled or if no director remains, by the members; or, on the application of any person, by the circuit court of the county in which the registered office of the corporation is located. Receive written approval from the mobile home park owner before making any exterior modification or addition to the home. 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. The park owner shall prepare a written summary of the material factors and retain a copy for 3 years. 2008-240; s. 8, ch. No entrance fee may be charged by the park owner to the purchaser of a mobile home situated in the park that is offered for sale by a resident of the park. The provisions hereof notwithstanding, the mobile home park owner may pass on, at any time during the term of the lot rental agreement, ad valorem property taxes, non-ad valorem assessments, and utility charges, or increases of either, provided that the ad valorem property taxes, non-ad valorem assessments, and utility charges are not otherwise being collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad valorem assessments, or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the mobile home park owner and the mobile home owner, or such passing on was authorized by law. Intended for use in the State of Florida. 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. 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. 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). 84-80; s. 11, ch. 2015-90. The change in the rules and regulations is unreasonable. 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. 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). 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. 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. 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. 96-396; s. 1778, ch. 2015-90; s. 5, ch. 84-80; s. 918, ch. Every unit of local government is prohibited from taking any action, including the enacting of any law, rule, regulation, or ordinance, with respect to the matters and things hereby preempted to the state. A statement as to whether all improvements are complete and, if not, their estimated completion dates. For questions regarding lot rental agreements and prospectus, or landlord and tenant issues under Chapter 723, Florida Statutes, please refer to the Department of Business and Professional Regulation. Judicial foreclosure are required in Florida to recover property . If that is the case, you may not be permitted to move it. The training may, at the divisions discretion, include web-based electronic media and live training and seminars in various locations throughout the state. A lot rental amount may not be increased during the term of the lot rental agreement, except: When the manner of the increase is disclosed in a lot rental agreement with a term exceeding 12 months and which provides for such increases not more frequently than annually. A copy of the rental agreement or agreements to be offered for rental of mobile home lots. A ballot may not provide a space for the signature of, or any other means of identifying, a voter. 90-198; s. 9, ch. Nonpayment by Association members of fees and assessments shall result in the following: a. (3) fundamentally alter the nature of the providers operations. 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. Regulation of Mobile Home Subdivisions. The Department has a guide for parents to help them select a summer camp for their child titled, Sending Kids to Camp in Safety - What Every Parent Needs to Know (791kb PDF). There is levied on each annual fee imposed under subsection (1) a surcharge in the amount of $1. 1, 13, ch. Nothing in this subsection shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct. 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. Suite 400 If the affected homeowners are not identified by name, the park owner shall make the names and addresses available upon request. Thereafter, all terms shall be for a minimum of 1 year. This section becomes effective on October 1, 2016. There is hereby expressly preempted to the state all regulation and control of mobile home lot rents in mobile home parks and all those other matters and things relating to the landlord-tenant relationship treated by or falling within the purview of this chapter. 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. 84-80; s. 59, ch. The division has the authority by rule to authorize amendments permitted by this chapter to an approved prospectus or offering circular. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the members of the board. As enacted; the reference to this section is probably intended to refer to ss. 2001-227; s. 3, ch. 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. 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