This chapter shall be known and may be cited as the Florida Mobile Home Act.. The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions: Unless otherwise provided in the bylaws, 30 percent of the total membership is required to constitute a quorum. The corporation board may approve changes to the operational budget for a fiscal year by providing written notification of such changes to the department. 16.36.110 Person. 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. The park owner may give notice of all increases in lot rental amount for multiple anniversary dates in the same 90-day notice. The parties may accept the mediator appointed by the division or, within 30 days, select a mediator to mediate 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. The official records shall be made available to a member for inspection or photocopying within 20 business days after receipt by the board or its designee of a written request submitted by certified mail, return receipt requested. E-mail addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a home owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the persons name, lot designation, mailing address, and property address. The right to an assumption of the lease by a spouse may be exercised only one time during the term of that lease. Upon a persons failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to the circuit court for an order compelling compliance. All other written records of the association not specifically included in the foregoing which are related to the operation of the association must be retained within this state for at least 5 years or at least 5 years after the expiration date, as applicable. Sales Associate: Monique Jones. 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 lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum approved by the division within 1 year before or 90 days after the date of election or appointment. No mobile home park owner or developer who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned utility or who purchases water from a water system for the purpose of supplying or reselling the electricity, gas, or water to any other person to whom she or he leases, lets, rents, subleases, sublets, or subrents the premises upon which the electricity, gas, or water is to be used shall charge, demand, or receive, directly or indirectly, any amount for the resale of such electricity, gas, or water greater than that amount charged by the public utility or municipally owned utility from which the electricity or gas was purchased or by the public water system from which the water was purchased. 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. 84-80; s. 5, ch. Homeowners association means a corporation for profit or not for profit, which is formed and operates in compliance with ss. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. If that is the case, you may not be permitted to move it. 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. s. 1, ch. 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. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. Moneys in this fund, as appropriated by the Legislature pursuant to chapter 216, may be used to defray the expenses incurred by the division in administering the provisions of this chapter. 2015-90; s. 1, ch. For a park in which there are 51-100 lots: $150. 320.822. 84-80; s. 11, ch. However, the park owner is not required to furnish a copy of the prospectus or offering circular if the tenancy is a renewal of a tenancy and the mobile home owner has previously received the prospectus or offering circular. s. 8, ch. 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. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. The park owner is not obligated under this subparagraph or s. 723.071 to give any other notice to, or to further negotiate with, the homeowners association for the sale of the mobile home park to the homeowners association after 6 months after the date of the mailing of the initial notice under sub-subparagraph a. 2020-27. Victims of housing discrimination can file a complaint with this agency or HUD within one (1) year from the date of the discriminatory act. Examples of such good cause include, but are not limited to, good faith actions for nonpayment of the lot rental amount, violation of the rental agreement or of park rules, or violation of the terms of this chapter. . All guests, family members, or invitees are required to abide by properly promulgated rules and regulations. 84-80; s. 10, ch. Division means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park. 723.075, 723.076, and 723.078 which shall have the powers and duties, to the extent applicable, set forth in ss. 91-421; s. 15, ch. A person may not be required by a mobile home park owner or developer, as a condition of residence in the mobile home park, to provide any improvement unless the requirement is disclosed pursuant to s. 723.012(7) prior to occupancy in the mobile home park. 91-224; s. 920, ch. Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. Florida Statute 719 regulates residential cooperative apartments. Either party to a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair dealings. aspects of operating mobile home parks, please contact us today. A person appointed by the division shall be a qualified mediator from a list of circuit court mediators in each judicial circuit who has met training and educational requirements established by the Supreme Court. Mobile Home Description. The amendment to the prospectus must include a reasonable timeframe for providing the required additional shared facilities. The association may not have a member or shareholder who is not a bona fide owner of a mobile home located in the park. Judicial foreclosure are required in Florida to recover property . The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. What are the most common problems observed during a mobilehome park inspection? The park owner shall file annually with the division a copy of any notice of a lot rental amount increase. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. 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. Obligation of good faith and fair dealings. The park owner is not liable for accidents or injuries to persons or property arising from their use of the park and its recreational facilities. An election is not required unless there are more candidates nominated than vacancies that exist on the board. A statement describing the existing zoning classification of the park property and permitted uses under such classification. 2001-227; s. 72, ch. Homeowners committee means a committee, not to exceed five persons in number, designated by a majority of the affected homeowners in a mobile home park or a subdivision; or, if a homeowners association has been formed, designated by the board of directors of the association. Hard money loans in Florida are secured by a note and mortgage on the property, not by a deed of trust. (1) result in substantial physical damage to the property of others unless 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. The free Adobe Reader may be required to view these files. The Florida Mobile Home Relocation Corporation shall not be liable to any person for recovery if funds are insufficient to pay the amounts claimed. Each party shall be responsible for paying its own attorney fees, expert and investigator fees, and associated costs. 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. 723.06115, 723.06116, and 723.0612. 84-80; s. 9, ch. Meetings of the board of directors and meetings of its committees at which a quorum is present shall be open to all members. 2007-228; s. 12, ch. If the fee is not paid by December 31, the mobile home park owner shall be assessed a penalty of 10 percent of the amount due, and he or she shall not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid. s. 1, ch. We are located in Eastern Pasco County, Florida, just north of . 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. 84-80; s. 4, ch. 2002-1; s. 2, ch. 2005-79; s. 3, ch. For purposes of this section, the term impartial committee means a committee whose members do not include any of the following people or their spouses: The association bylaws shall provide a method for determining the winner of an election in which two or more candidates for the same position receive the same number of votes. 2003-263; s. 2, ch. 4. 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.