84-80; s. 61, ch. Any such contract shall control the rights, duties, and obligations of the parties to the extent of any inconsistency with the provisions of this act. Mobile home lot means a lot described by a park owner pursuant to the requirements of s. 723.012, or in a disclosure statement pursuant to s. 723.013, as a lot intended for the placement of a mobile home. This information is not intended to create, and receipt 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. Privacy There will be no overly close neighbors that will disturb your peace. Park (mobile) home owner rights and responsibilities - fees and repairs, selling or giving away a home and residents' associations, settling disputes Chapter 723 Florida Statutes 2018 If you own your mobile home and the lot it sits on within a park, you reside in a resident-owned mobile home park. 2015-90. There is created the Florida Mobile Home Relocation Corporation. Proportionate share as used in subsection (17) means an amount calculated by dividing equally among the affected developed lots in the park the total costs for the necessary and actual direct costs and impact or hookup fees incurred for governmentally mandated capital improvements serving the recreational and common areas and all affected developed lots in the park. 87-102; s. 10, ch. Sale of facilities serving a mobile home subdivision. 2001-227; s. 1, ch. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. 720.301-720.312 to operate a mobile home subdivision, the owners of lots in such mobile home subdivision shall be authorized to create a mobile home subdivision homeowners association in the manner prescribed in ss. The park owner shall meet with the committee at a mutually convenient time and place within 30 days after receipt by the park owner of the request from the committee to discuss the disclosure provided by the committee. 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. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. The manner of collecting from the members their shares of the expenses for maintenance of the park property shall be stated. The division shall maintain copies of each prospectus and all amendments to each prospectus which are considered adequate by the division. Misrepresent the nature or extent of any service incident to the tenancy. 91-202; s. 242, ch. At the time the sheriff executes the writ of possession, the landlord or the landlords agent may remove any personal property, including the mobile home, found on the premises to or near the property line or, in the case of the mobile home, into storage. Rights granted to the owners of lots in a mobile home subdivision in ss. The failure of an association to provide access to the records within 20 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection. A permanent structure shall have a foundation and such other structural elements as are required pursuant to rules and regulations promulgated by the department which assure the rigidity and stability of the mobile home or park trailer. However, storage charges, as provided in this section, may be collected by the real property owner from the lienholder and the assignee of such lienholder by an action at law as authorized by this act. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party. 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. s. 1, ch. Chapter 15C-1, Florida Administrative Code, requires that all mobile/manufactured home installations be performed by a licensed mobile home installer. Prohibited or unenforceable provisions in mobile home lot rental agreements. 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. The home owner has complained to the park owner for failure to comply with s. 723.022. Any party acquiring an interest in a mobile home park, and any and all title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owners compliance with the provisions of s. 723.071. 2. Incorporation; notification of park owner. s. 1, ch. This program includes approximately 5,400 mobile home parks, lodging and recreational vehicle parks, and recreational camps in Florida. Disclosure of any factors which may affect the lot rental amount, including, but not limited to: Maintenance costs, including costs of deferred maintenance. All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. A member so recalled shall deliver to the board any and all records and property of the association in the members possession within 5 full business days after the effective date of the recall. The division may not accept for filing a recall petition, whether or not filed pursuant to this subsection, and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled. 2008-240; s. 8, ch. The writ of possession shall not issue earlier than 10 days from the date judgment is granted. Monthly fee is $595. Contact us online or call us today at (800) 896-3619 to speak with a lawyer for Florida mobile home parks. Zoning Review: $30. Pets must meet the stated size restrictions and must be kept under control at all times. User fees means those amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the park owner to the mobile home owner under a separate written agreement between the mobile home owner and the person furnishing the optional service or services. All members of the board of directors, including the chair, shall be appointed to serve for staggered 3-year terms. Governmental action affecting removal of mobile home owners. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 90-198; s. 1, ch. If a mobile home park owner intends to include additional property and mobile home lots and to increase the number of lots that will use the shared facilities of the park, the mobile home park owner must amend the prospectus to disclose such additions. 92-148; ss. by Pat O'Connor. The notice shall be filed on or before January 1 of each year for any notice given during the preceding year. Programs & Services; . 97-102; s. 5, ch. Address Assignment: $15. 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. The requirements of this subsection are satisfied by having a copy of the official records available for inspection or copying in the park or, at the option of the association, by making the records available to a member electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. Properly promulgated rules may provide for the screening of any prospective purchaser to determine whether or not such purchaser is qualified to become a tenant of the park. Borrow from private finance sources in order to meet the demands of the relocation program established in s. 723.0612. s. 7, ch. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park. If the board fails to duly notice and hold the required meeting or fails to file the required petition, the members representative may file a petition pursuant to s. 723.1255 challenging the boards failure to act. Resident-owned The right to an assumption of the lease by a spouse may be exercised only one time during the term of that lease. For a park in which there are 201 or more lots: $300. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. The secretary of the association shall retain a directors written certification or educational certificate for inspection by the members for 5 years after the directors election or the duration of the directors uninterrupted tenure, whichever is longer. In the event that an association acquires a mobile home park and intends to reconvey a portion or portions of the property acquired to members of the association, the association shall record copies of its articles and bylaws and any additional covenants, restrictions, or declarations of servitude affecting the property with the clerk of the circuit court prior to the conveyance of any portion of the property to an individual member of the association. 92-148; s. 61, ch. 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. In its entirety, the code is as follows: 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code. Written notification in the absence of a prospectus. 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. 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