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. 92-148; s. 915, ch. In performing its duties, the division has the following powers and duties: The division may make necessary public or private investigations within or outside this state to determine whether any person has violated this chapter or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the adoption of rules or forms hereunder. 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 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. The parties may agree otherwise as to user fees which the homeowner chooses to incur. s. 1, ch. 723.077 and 723.079. 90-198; s. 1, ch. The notice shall be recorded with the clerk of the circuit court in the county where the mobile home park is located. The amendment to the prospectus must include a reasonable timeframe for providing the required additional shared facilities. 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. Agents or employees of the corporation, members of the board of directors of the corporation, or representatives of the Division of Florida Condominiums, Timeshares, and Mobile Homes shall be considered officers, employees, or agents of the state, and actions against them and the corporation shall be governed by s. 768.28. No rental agreement shall be offered by a park owner for a term of less than 1 year, and if there is no written rental agreement, no rental term shall be less than 1 year from the date of initial occupancy; however, the initial term may be less than 1 year in order to permit the park owner to have all rental agreements within the park commence at the same time. 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. Click on your state for information on specific state Tenant / Landlord Laws. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of all the mobile home owners in all matters relating to this chapter, regardless of whether the homeowner is a member of the association. A method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the park property. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party. 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. Offering circular has the same meaning as the term prospectus as it is used in this chapter. 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 rules outline the maintenance fees and other charges to be paid by occupants of the park, and when and how those fees are to be paid. s. 1, ch. Each member or other eligible person who desires to be a candidate for the board of directors shall appear on the ballot in alphabetical order by surname. The Florida Commission of Human Relations is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act. 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. Most documents are in pdf format. 88-147; s. 10, ch. 723.0611, 723.06115, and 723.06116, the prevailing party is entitled to reasonable attorneys fees and costs. The mediator shall also notify the division in writing within 10 days after the conclusion of the mediation, that the mediation has been concluded. 723.075-723.079, said mobile home owners association shall be the authorized representative of owners of lots in said mobile home subdivision provided: The members of the mobile home owners association have, by majority vote, authorized the inclusion of subdivision lot owners in the mobile home park homeowners association; and. A contract with a moving or towing contractor for the moving expenses for the mobile home. the threat can be eliminated or significantly reduced by a reasonable The following services are offered to each lot and billed separately: Water and Sewer, Cable Television, Electricity, Telephone, Solid Waste/Recycling, and Stormwater Fees. We are located in Eastern Pasco County, Florida, just north of . Within 20 days after giving an eviction notice to a mobile home owner, the park owner must provide the division with a copy of the notice. The trust fund is to be used to fund the administration and operations of the Florida Mobile Home Relocation Corporation. YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). An association that acquires a mobile home park pursuant to s. 723.071 is exempt from s. 719.1035 and the requirements of part VI of chapter 718 and part VI of chapter 719. 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. Either party may petition the division to appoint a mediator and initiate mediation proceedings. 97-102. 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. 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. 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. Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. The Mobile Home Park Tenant Violates the Rules and Regulations Governing the Mobile Home Park. It is expressly declared by the Legislature that the relationship between landlord and tenant as treated by or falling within the purview of this chapter is a matter reserved to the state and that units of local government are lacking in jurisdiction and authority in regard thereto. 2016-169; s. 24, ch. 97-102; s. 6, ch. Resident-owned 2007-47; s. 2, ch. The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulations, subject to the approval of the park owner, but such approval may not be unreasonably withheld. 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. Florida Mobile Home Relocation Corporation. 91-224; s. 920, ch. I f there are any rules or regulations that the tenant needs to follow to stay on the lot, this must be in the agreement. 84-80; s. 61, 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. These establishments accommodate outdoor enthusiasts and are characterized by the type of accommodation and by the nature and the range of . However, nothing herein shall be construed to prohibit a mobile home park owner from increasing the rental amount to be paid by the purchaser upon the expiration of the assumed rental agreement in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the purchasers prospectus and this act. Florida Administrative Code, the Prospectus and rules and regulations governing the community, and 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. 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. The writ of possession shall not issue earlier than 10 days from the date judgment is granted. 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. Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the provisions of this chapter shall be applicable to a park trailer located on a mobile home lot in a mobile home park. For purposes of mediation under ss. 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 association may not charge a fee to a member or his or her authorized representative for the use of a portable device. The association may adopt reasonable written rules governing the frequency, duration, and manner of members statements. Electronic transmission does not include oral communication by telephone. Whether or not a tenancy is covered by a valid written rental agreement, the required statutory provisions shall be deemed to be a part of the rental agreement. 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 ballot may not indicate if any of the candidates are incumbent on the board. Maintain utility connections and systems for which the park owner is responsible in proper operating condition. 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. 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. 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. The homeowners association shall file a notice of its right to purchase the mobile home park as set forth in s. 723.071. This information is not intended to create, and receipt 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. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay dues or assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due. The corporation board may approve changes to the operational budget for a fiscal year by providing written notification of such changes to the department. It recognizes that when such inequalities exist between mobile home owners and mobile home park owners as a result of such unique factors, regulation to protect those parties to the extent that they are affected by the inequalities, while preserving and protecting the rights of both parties, is required. Contact Number: 727-222-1283. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election. 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. A penalty may be imposed on the basis of each separate violation and, if the violation is a continuing one, for each day of continuing violation, but in no event may the penalty for each separate violation or for each day of continuing violation exceed $5,000.