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 or tenants to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any problems relative to the mobile home park. 91-223; s. 2, ch. 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. Mobile home park owners general obligations. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). The parties shall each pay a $250 filing fee to the mediator appointed by the division or selected by the parties, within 30 days after the division notifies the parties of the appointment of the mediator. 92-148; s. 2, 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. As provided by this section, any lien or charge against a mobile home for storage upon the real property on which the mobile home is or has been located is subordinate to the rights of a lienholder for unpaid purchase price or first lien, which is recorded on the title of the mobile home, and the assignee of such lienholder if not recorded on the title. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmission of images, and text that is sent via e-mail between computers. This allows them to provide a full range of legal services to their clients and to help them navigate the complex legal landscape. Mobile home park owner or park owner means an owner or operator of a mobile home park. In some Mobile Home Parks, the owners have very little insurance coverage or documented assets. All maintenance fees levied by the Association shall be paid by January 31st of each year. Contain any asterisk or other reference symbol as a means of contradicting or substantially changing any statement previously made or as a means of obscuring a material fact. Free Preview Rules Regulations Tenant All forms provided by US Legal Forms, the nations leading legal forms publisher. If a mobile home or subdivision lot is owned jointly, the owners of the mobile home or subdivision lot must be counted as one for the purpose of determining the number of votes required for a majority. 96-396; s. 1778, ch. The notice shall be recorded with the clerk of the circuit court in the county where the mobile home park is located. The board may temporarily fill the vacancy during the period of suspension. 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. A park owner, within the same time period, may also petition the division to initiate mediation of the dispute. 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. 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. The term non-ad valorem assessments has the same meaning as provided in s. 197.3632(1)(d). This subsection is intended to clarify existing law. 2020-27. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorneys fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice. Except as provided in subsection (7), in order to obtain payment from the Florida Mobile Home Relocation Corporation, the mobile home owner shall submit to the corporation, with a copy to the park owner, an application for payment which includes: A copy of the notice of eviction due to change in use; and. Click on your state for information on specific state Tenant / Landlord Laws. 2015-90; s. 32, ch. 86-162; ss. Misrepresent the nature or extent of any service incident to the tenancy. For pass-through charges as defined in s. 723.003. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. The requirements of this subsection are not intended to be enforced by civil or administrative action. 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. 2005-79; s. 6, ch. A park developer may also buy down rentals on the initial rental agreement of a mobile home lot, and such buy-downs may be split between the owner of a developing park and the dealer. 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. 11:13:52 PM 1/15/2023. No user fees shall be charged by the park owner to the mobile home owner for any services which were previously provided by the park owner and included in the lot rental amount unless there is a corresponding decrease in the lot rental amount. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. 96-394; s. 3, ch. The following advertising materials are exempt from the filing requirements of this section: telephone directories, business cards, items placed solely on bulletin boards in a mobile home park, and correspondence in response to inquiries by individuals. for H.B. 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. s. 3, ch. 84-80; s. 13, ch. Restrictions on, and requirements respecting, the use and maintenance of mobile homes located within the park, and the use of the park property, which restrictions and requirements are not inconsistent with the articles of incorporation. "Mobile home park" means any plot of ground eight acres or more in extent upon which mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. 92-148; s. 925, ch. The mobile home park owner shall notify in writing each mobile home owner or, if a homeowners association has been established, the directors of the association, of any application for a change in zoning of the park within 5 days after the filing for such zoning change with the zoning authority. Delivered the approved prospectus to the mobile home owner within 45 days of approval by the division. County: BREVARD. Legal grounds to evict a tenant from a MHP include: Also of concern, is a safe and disease-free swimming pool, where applicable. There are two common types of mobile home leases. Entrance fees; refunds; exit fees prohibited; replacement homes. The data is part of the official records of the association. 97-102. If any provision of this chapter is held invalid, it is the legislative intent that the preemption by this section shall no longer be applicable to the provision of the chapter held invalid. 2020-27. 97-102; s. 5, 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). 723.075-723.079. The journals or printed bills of the respective chambers should be consulted for official purposes. The division shall not impose a civil penalty in excess of $250 per advertisement for each instance of the untimely filing of advertising materials. The parties may agree otherwise as to user fees which the homeowner chooses to incur. 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. Mobile home subdivision means a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer. There is levied on each annual fee imposed under subsection (1) a surcharge in the amount of $1. 2001-227; s. 21, ch. 513.02 Permit. 84-80; s. 6, ch. 97-102. Moving expenses include the cost of taking down, moving, and setting up the mobile home in a new location. The maximum number of lots that will use shared facilities of the park; and, if the maximum number of lots will vary, a description of the basis for variation. 93-150; s. 1, ch. In the event that the owners of lots in a mobile home subdivision share common areas, recreational facilities, roads, and other amenities with the owners of mobile homes in a mobile home park and the mobile home owners have created a mobile home owners association pursuant to ss. An arbitrator or mediator under ss. No Property Tax! 94-218; s. 912, ch. This agreement or disagreement may not be used as a vote for or against the action taken and may not be used for the purposes of creating a quorum. UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A PERIOD OF 15 DAYS. For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable. s. 1, 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. If payment is not submitted within 90 days after receipt of the invoice, a 20-percent late fee shall be assessed. 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. Upon such a finding, the court shall award reasonable costs and attorneys fees to the prevailing party for proving the noncompliance. If the association fails to comply with the order of the arbitrator, the division may take action under s. 723.006. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of a mobile home owner to invite public officers, candidates who have qualified for public office, or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the mobile home park at reasonable times and in a reasonable manner in an open public meeting. 93-160; s. 932, ch. Except for pass-through charges, as defined in this chapter, failure on the part of the mobile home park owner or developer to disclose fully all fees, charges, or assessments prior to tenancy, unless it can be shown that such fees, charges, or assessments have been collected as a matter of custom between the mobile home park owner and the mobile home owner, shall prevent the park owner or operator from collecting said fees, charges, or assessments; and refusal by the mobile home owner to pay any such fee, charge, or assessment shall not be used by the park owner or developer as a cause for eviction in any court of law. 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. Other provisions not inconsistent with this chapter or with other documents governing the park property or mobile homes located therein. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, In the event that the lienholder does not notify the property owner of its intention to not pay storage charges, the storage charges shall accrue and be due and owing to the property owner. The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. Only one vote per mobile home or subdivision lot shall be counted. The homeowners committee is designated for the purpose of meeting with the park owner or park developer to discuss lot rental increases, reduction in services or utilities, or changes in rules and regulations and any other matter authorized by the homeowners association, or the majority of the affected home owners, and who are authorized to enter into a binding agreement with the park owner or subdivision developer, or a binding mediation agreement, on behalf of the association, its members, and all other mobile home owners in the mobile home park. 723.037 and 723.038, the term parties means a park owner as defined in subsection (13) and a homeowners committee selected pursuant to s. 723.037. happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, 2005-3; s. 2, ch. Segregating individuals or families within the mobile home park on the basis of national origin or familial status. The name and address of the person authorized to receive notices and demands on the park owners behalf. the individual lease agreement between the park owner and tenant. The e-mail addresses and numbers provided by members to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. 723.027 Persons authorized by park owner to receive notices. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. A description of the mobile home park property, including, but not limited to: The number of lots in each section, the approximate size of each lot, the setback requirements, and the minimum separation distance between mobile homes as required by law. According to the HUD mobile homes are homes built before 5 June 1976 when the Federal National Mfd. The division shall adopt procedural rules to govern elections, including, but not limited to, rules for providing notice by electronic transmission and rules for maintaining the secrecy of ballots. 723.027 Persons authorized by park owner to receive notices. 2008-240. Since then these homes are legally referred to as Manufactured Homes, even though in the U.S. they are still commonly called mobile homes. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. A general description of the days and hours that facilities will be available for use. Beginning on the first page of the text, the following information: The name and address or location of the mobile home park. 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. FAMILIES WITH CHILDREN The information on this website is for general information purposes only. 2002-27; s. 11, ch. Mobile home cooperative homeowners associations; elections. The affirmative action may include the following: Refunds of rent increases, improper fees, charges and assessments, including pass-throughs and pass-ons collected in violation of the terms of this chapter. The division has authority to adopt rules pursuant to ss. The training may, at the divisions discretion, include web-based electronic media and live training and seminars in various locations throughout the state. Mobel Americana Mobile Home Park Unrec Subdivision. 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. (1) result in substantial physical damage to the property of others unless However, in the event that the required documents are not submitted with the application, the corporation may consider the facts and circumstances surrounding the abandonment of the home to determine whether the mobile home owner is entitled to payment pursuant to this subsection. 34236 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. Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness. 84-80; s. 4, ch. and Florida Statute 513 . 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. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. ss. 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. 84-80; s. 11, ch. The Rent with attached Garbage fee and mowing fee at $389.50 a month and looking at about another annual $20 a month rent increase this spring 2020 ! 2002-1; s. 2, ch. Limit the application of the unreasonable provision so as to avoid any unreasonable result. Sale of utilities by park owner or developer. 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. 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. 2005-79; s. 3, ch. The home owner has complained to the park owner for failure to comply with s. 723.022. 723.023 Mobile home owner's general obligations. s. 1, ch. 2179 and s. 11 of C.S. The division may issue an order requiring the mobile home park owner, or its assignee or agent, to cease and desist from an unlawful practice and take such affirmative action as in the judgment of the division will carry out the purposes of this chapter. The park owner shall comply with the provisions of s. 723.061 in determining whether the homeowner may qualify as a tenant. Housing Construction and Safety Standards Act of 1974 (or simply the HUD code) came into effect. Park spaces shall be graded so Any action commenced by the division shall be brought in the county in which the division has its executive offices or in which the violation occurred. 2004-13; s. 3, ch. 97-102. The association shall also maintain the e-mail addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. 92-148; s. 1, ch. However, if you rent the space your mobile home occupies in a park, your landlord must follow the laws as set out under Chapter 723 of Florida Statute. 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. Megamenu requires javascript to be enabled in your browser. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause. s. 1, 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). A description of the recreational and other common facilities, if any, that will be used by the mobile home owners, including, but not limited to: The number of buildings and each room thereof and its intended purposes, location, approximate floor area, and capacity in numbers of people. In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. Nonpayment by Association members of fees and assessments shall result in the following: a. The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. 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. 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. Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or requirements set forth in this chapter or arising under law. Line & Grade: $310. 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. Call us today @ 561.699.0399. 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. However, the provisions of s. 212.12(1) do not apply to this chapter. The division shall adopt rules establishing a category of minor violations of this chapter or rules promulgated pursuant hereto. 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. 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. 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. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. In any action by the park owner or a mobile home owner brought under subsection (1), the mobile home owner shall pay into the registry of the court that portion of the accrued rent, if any, relating to the claim of material noncompliance as alleged in the complaint, or as determined by the court. At the meeting, the park owner or subdivision developer shall in good faith disclose and explain all material factors resulting in the decision to increase the lot rental amount, reduce services or utilities, or change rules and regulations, including how those factors justify the specific change proposed. 2. . Download original report (pdf) Prepared by Frederick H. Bair, Jr. 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. Failure to provide prospectus or offering circular prior to occupancy. 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. When vacating the premises, remove any debris and other property of any kind which is left on the mobile home lot. (a) Each site of a new or modified mobile home, lodging or recreational vehicle park shall be evaluated by the county public health unit to determine that it is not subject to environmental hazards. 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