Travel trailers are not considered mobile homes because they are not made for living in year round. If the association has a photocopy machine available where the records are maintained, it must provide a member with copies on request during the inspection if the entire request is no more than 25 pages. This section does not apply to a park owner who is regulated pursuant to chapter 367 or by a county water ordinance. However, the association is not liable for an erroneous disclosure of the e-mail address or the number for receiving electronic transmission of notices. 2015-90; s. 1, ch. Any duration shall be construed to expire 6 months following written notice from the homeowner to the park owner or subdivision developer informing the park owner or subdivision developer that the homeowner is placing his or her mobile home for sale, and requesting the park owner or subdivision developer to utilize his or her best efforts to sell the mobile home on the homeowners behalf. A director and committee member shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the best interests of the corporation. The Division of Housing oversees the Mobile Home Park Act ("Act") and Mobile Home Park Dispute Resolution and Enforcement Program ("Program"). It shall be unlawful for the property owner to refuse to allow the lienholder to repossess and move the mobile home for failure to pay any charges which were not noticed in accordance with the requirements of this section. The notice may provide for a rental term shorter than 1 year in order to maintain the same renewal date. 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. Receive written approval from the mobile home park owner before making any exterior modification or addition to the home. In the event the lienholder notifies the property owner within 30 days of the receipt of the notice that it does not intend to pay the storage charges, the storage charges shall not accrue, but the lienholder shall not be entitled to any of the protections set forth in this act, and shall be subject to any remedies available to the property owner including retention of possession of the mobile home and foreclosure thereon to satisfy the landlords lien for rent. Javascript must be enabled for site search. The division shall adopt rules to implement the board member training requirements for educational programs as provided in this chapter. 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. We're An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election or removal. 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 Florida Statutes, Florida Administrative Code rules, and the Application Form can be downloaded by clicking on the title of the document. The purchase of a mobile home park by a governmental entity under its powers of eminent domain. 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. COCOA Florida 32922. 93-160; s. 932, ch. 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. Reasonable action necessary to correct a statutory or rule violation. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus. The mobile home park owner, however, may enforce rules and regulations relating to the time, place, and scheduling of such speakers, which rules and regulations will protect the interests of the majority of the home owners. This subsection is intended to clarify existing law. It is common for mobile homes to be located together . If you have questions regarding the forms, or what needs a permit, please call the Citrus County Building Division at (352) 527-5310. The $250 filing fee shall be used by the mediator to defray the hourly rate charged for mediation of the dispute. Upon incorporation of the association, all consenting mobile home owners in the park may become members or shareholders. The services and the lot rental amount or user fees charged by the park owner for the services provided by the park owner shall also be disclosed. Also, Chapters 381, 513, and 154 of the Florida Statutes pertain to the health department's regulation of these establishments. When a dispute involves a rental increase for different home owners and there are different rates or different rental terms for those home owners, all such rent increases in a calendar year for one mobile home park may be considered in one mediation proceeding. Thereafter, all terms shall be for a minimum of 1 year. 2, 3, 4, ch. 91-421; s. 15, ch. Limit the application of the unreasonable provision so as to avoid any unreasonable result. 2020-27. 93-150; s. 913, ch. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. 84-80; s. 2, ch. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before such approval is granted, the mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice of the failure to be approved for tenancy is delivered. 2004-13; s. 3, ch. park owner, the landlord-tenant relationship is governed by Chapter 723 of the This subsection does not invalidate those lot rental agreements for which an approved prospectus was required to be delivered and which was delivered on or before July 1, 1986, if the mobile home park owner had: Filed a prospectus with the division prior to entering into the lot rental agreement; Made a good faith effort to correct deficiencies cited by the division by responding within the time limit set by the division, if one was set; and. 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. 2011-105; s. 29, ch. In Florida, the majority of mobile home parks are age restricted - most are 55 plus parks. "The Forms Professionals Trust Trailer Park Rules Form Rating 4.79 Satisfied (222) Home Rules Mobile Form Popularity An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. aspects of operating mobile home parks, please contact us today. Housing Construction and Safety Standards Act of 1974 (or simply the HUD code) came into effect. The refusal of the homeowner to sign the receipt shall under no circumstances constitute a ground for eviction of the homeowner or of a mobile home or for the imposition of any other penalty. The defense of material noncompliance may be raised by the mobile home owner only if 7 days have elapsed after he or she has notified the park owner in writing of his or her intention not to pay rent, or a portion thereof, based upon the park owners noncompliance with portions of this chapter, specifying in reasonable detail the provisions in default. The court shall order the hearing to be held informally with presentation of testimony kept to a minimum and matters presented to the arbitrators primarily through the statements and arguments of counsel. 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. The homeowners association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree, in writing, to such representation. However, the division does not have the power or duty to enforce mobile home park rules and regulations or to enforce the provisions of ss. assistance animal would The notice must identify all other affected homeowners, which may be by lot number, name, group, or phase. 1. Disclosure prior to rental of a mobile home lot; prospectus, filing, approval. For purposes of this paragraph, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. Committee 2020-27. Under Florida law, a 55+ or adult only mobile home park must register with the Florida Commission on Human Relations and establish specific guidelines for accepting new home buyers under the Fair Housing Act. Payments to the Florida Mobile Home Relocation Corporation. The officers and directors of the association have a fiduciary relationship to the members. 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. 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. 1421 1, 1969). The following are examples of prohibited conditions, uses and activities on or within county parks and beaches (See Ch. 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. For pass-through charges as defined in s. 723.003. The committee and the park owner may mutually agree, in writing, to extend or continue any meetings required by this section. The amortization requirement established herein shall be binding upon any municipality, county, or special district serving the mobile home park. If the board determines not to certify the written agreement to recall members of the board, or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the board meeting, file with the division a petition for binding arbitration pursuant to the procedures of s. 723.1255. C.S. s. 1, ch. Programs & Services; . THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated. 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. 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. (Code 1980, 17-13) Sec. This program includes approximately 5,400 mobile home parks, lodging and recreational vehicle parks, and recreational camps in Florida. The Department of Business and Professional Regulation shall publish a notice of proposed rule pursuant to s. 120.54(3)(a) by October 1, 2016. 91-224; s. 920, ch. 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. 2005-79; s. 6, ch. The home owner is responsible for all fines imposed by the local government for noncompliance with any local codes. 84-80; s. 3, ch. In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. 2020-27. 723.002(2) and 723.074. The notice shall be delivered to the officers of the homeowners association by United States mail. Any person whose application for funding pursuant to subsection (1) or subsection (7) is approved for payment by the corporation shall be barred from asserting any claim or cause of action under this chapter directly relating to or arising out of the change in use of the mobile home park against the corporation, the park owner, or the park owners successors in interest. Either party may prepare and use additional information to support its position during or subsequent to the meetings required by this section. At Time of Permit Issuance. 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. The change in the rules and regulations is unreasonable. Title 10 Chapter 153. Florida Statute 719 regulates residential cooperative apartments. The mobile home owner is not entitled to any compensation under this subsection if there is a pending eviction action for nonpayment of lot rental amount pursuant to s. 723.061(1)(a) which was filed against him or her prior to the mailing date of the notice of change in the use of the mobile home park given pursuant to s. 723.061(1)(d). The Florida Commission of Human Relations is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act. No new entrance fee may be charged for a move within the same park. 2008-45; s. 4, ch. (1) General. If payment is not submitted within 30 days after receipt of the invoice, a 10-percent late fee shall be assessed. 120.536 and 120.54 to administer the provisions of this section and ss. Adopt a plan of operation and articles, bylaws, and operating rules pursuant to the provisions of ss. Nothing in this subsection affects the rights of ingress or egress of any member of the association. If your mobile home is older, it may not be up to current code. by Pat O'Connor. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Governmental action affecting removal of mobile home owners. Misrepresent the nature or extent of any service incident to the tenancy. A mobile home owner must first notify the park owner prior to selling. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. 86-162; s. 14, ch. 2020-27. Copyright 2000- 2023 State of Florida. 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. 723.033 and 723.037 or s. 723.059(4), whichever is applicable; provided that, pursuant to s. 723.059(4), the amount of the lot rental increase is disclosed and agreed to by the purchaser, in writing. The park owner has, however, the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times, but not in such manner or at such time as to interfere unreasonably with the mobile home owners quiet enjoyment of the lot. Mobile home means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. 85-155; s. 31, ch. Amendment of articles of incorporation and bylaws. 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. Sale of utilities by park owner or developer. SEBRING The City Council discussed its hopes recently for improvements at some of the city's mobile home parks as the first draft of regulations nears completion. A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds: Nonpayment of the lot rental amount. The board of directors shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. Free Preview Rules Regulations Tenant All forms provided by US Legal Forms, the nations leading legal forms publisher. Pass-through charges must be separately listed as to the amount of the charge, the name of the governmental entity mandating the capital improvement, and the nature or type of the pass-through charge being levied. Whenever an entrance fee is charged by a mobile home park owner or developer for the entrance of a mobile home into the park and such mobile home is moved from the park before 2 years have passed from the date on which the fee was charged, the fee shall be prorated and a portion returned as follows: The entrance fee shall be refunded at the rate of one twenty-fourth of such fee for each month short of 2 years that the mobile home owner maintained his or her mobile home within the park. No application for funding pursuant to subsection (1) or subsection (7) shall be approved by the corporation if the applicant has filed a claim or cause of action, is actively pursuing a claim or cause of action, has settled a claim or cause of action, or has a judgment against the corporation, the park owner, or the park owners successors in interest under this chapter directly relating to or arising out of the change in use of the mobile home park, unless such claim or cause of action is dismissed with prejudice. Entrance fees on new mobile home placements shall be specifically set forth in the prospectus or offering circular. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose, and provide in writing to the committee at or before the meeting, the name, address, lot rental amount, and any other relevant factors relied upon by the park owner, such as facilities, services, and amenities, concerning the comparable mobile home parks. However, the new director may not take office until the vacancy occurs. The programs shall provide information about statutory and regulatory matters relating to the board of directors of the homeowners association and their responsibilities to the association and to the mobile home owners in 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. 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). Any mobile home park rule or regulation providing for fees or charges contrary to the terms of this section is null and void. 90-198; s. 1, ch. Mobile home lot rental agreement or rental agreement means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner. 84-80; s. 9, ch. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to home owners a directory containing the name, park address, and telephone number of each home owner. 17-14. Age verification is required at the signing of the lot lease agreement. However, the homeowner shall thereafter be barred from claiming that the park owner has failed to deliver such documents. Failure to make such payment within the required time period shall result in a late fee being imposed. Because of those unique factors, there exist inherently real and substantial differences in the relationship which distinguish it from other landlord-tenant relationships. In order to exercise the rights of a homeowners association as provided in this chapter, the mobile home owners shall form an association in compliance with this section and ss. The failure on the part of a mobile home park owner or developer to disclose fully all fees, charges, or assessments shall prevent the park owner or operator from collecting such fees, charges, or assessments; and a refusal by the mobile home owner to pay any undisclosed charge shall not be used by the park owner or developer as a cause for eviction in any court of law. If the contract between the park owner and the homeowners association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners association except as provided in sub-subparagraph b. 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