The Florida Mobile Home Relocation Trust Fund is established within the Department of Business and Professional Regulation. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device. Award a refund or a reduction in future rent payments. 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. All proceeds from the fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund created by s. 718.509. A member of the board of directors or a committee may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. Vertical openings between treads shall be less than 4". For pass-through charges as defined in s. 723.003. No advertising materials or oral statement made by any developer, park owner, or mobile home dealer shall: Misrepresent a fact or create a false or misleading impression regarding the mobile home or mobile home park. 86-162; s. 25, ch. 64E-15.002 Sites - Mobile Home, Lodging, and Recreational Vehicle Parks. If you would like any information on parks and camps, including how to open one, contact your County Health Department. Mobile home owners, mobile home park owners, and mobile home park managers can submit complaints for dispute resolution through the Division, instead of taking issues to court, which can be costly. A copy of the mobile home park lot layout showing the location of the recreational areas and other common areas. The prevailing party in any action brought to enforce the provisions of. 92-148. Disclosure prior to rental of a mobile home lot; prospectus, filing, approval. No resolution arising from a mediation proceeding as provided for in s. 723.037 or this section shall be deemed final agency action. "The Forms Professionals Trust Trailer Park Rules Form Rating 4.79 Satisfied (222) Home Rules Mobile Form Popularity 97-102; s. 5, ch. Division of Agriculture & Consumer Services (DACS)- 1-800-352-9832, DACSComplaints - DACS Tenant Complaint Website. 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. This subsection shall not be construed to prevent or inhibit the discovery or admissibility of any information which is otherwise subject to discovery or admission under applicable law or rules of court. Building: 0.004 x ICC Valuation if more than or equal to $50,000 in valuation - less the Pre-Application Fee. If the homeowner refuses to sign the receipt, the park owner shall still deliver to the homeowner a copy of the prospectus, rules and regulations, and any other documents which otherwise would have been delivered upon execution of the receipt. The Legislature further recognizes that the mobile home park owner has a legitimate business interest in the operation of the mobile home park as part of the housing market and has basic property and other rights which must be protected. Each party shall be responsible for paying its own attorney fees, expert and investigator fees, and associated costs. The provisions of ss. 2005-79; s. 6, ch. 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 division may review and approve educational curricula and training programs for board members and mobile home owners to be offered by providers and shall maintain a current list of approved programs and providers, and make such lists available to board members in a reasonable and cost-effective manner. The maximum storage charge available to the real property owner is a daily rate equal to one-thirtieth of the amount of the monthly payment last paid by the homeowner, the then-current lot rental amount paid by the homeowner, or if no payment has been made, the payment required pursuant to contract between the real property owner and the homeowner. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. 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. 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. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management. 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. After consideration of all other relevant issues, the court shall enter appropriate judgment. Any transfer by a partnership to any of its partners. The amount of $3,000 for a single-section mobile home or $6,000 for a multisection mobile home, whichever is less. 97-102; s. 7, ch. Collection of the surcharge shall begin during the first calendar year after this subsection takes effect. The park owner gives the affected mobile home owners and tenants at least 6 months notice of the eviction due to the projected change in use and of their need to secure other accommodations. (3) fundamentally alter the nature of the providers operations. Written notification in the absence of a prospectus. Notices of increase in the lot rental amount due to a pass-through charge must state the additional payment and starting and ending dates of each pass-through charge. 97-102. s. 1, ch. Park rules and regulations run with the park rental agreement and are enforceable under . 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. Disclosure of any factors which may affect the lot rental amount, including, but not limited to: Maintenance costs, including costs of deferred maintenance. I of the State Constitution. 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. Within 10 days of the recording, the homeowners association shall provide a copy of the recorded notice to the park owner at the address provided by the park owner by certified mail, return receipt requested. What laws are unique to living in a mobilehome park? All such costs shall be levied against such parcels as one (1) share per parcel regardless of how many persons reside on said parcel. Mobile home park living is quickly becoming a top choice for our aging population and for good reason - there are many advantages of living in a mobile home park. 92-148; s. 1, ch. In the event that the homeowner declares bankruptcy, the lienholder is responsible for storage charges accrued from and after 5 days after the final court action discharging the bankruptcy, or releasing the collateral, whichever occurs first. 2007-47. The committee shall address all lot rental amount increases that are specified in the notice of lot rental amount increase, regardless of the effective date of the increase. 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. 93-150. All interest earned from the investment or deposit of moneys in the trust fund shall be deposited in the trust fund. Tenants of the Venice Municipal Mobile Home Park must be 55 years or older. Violation of a rule or regulation, rental agreement provision, or this chapter more than 1 year after the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section. An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. Members of the board of directors may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. 2008-45; s. 4, ch. Receive written approval from the mobile home park owner before making any exterior modification or addition to the home. If a party has filed for a trial de novo, the party shall be assessed the arbitration costs, court costs, and other reasonable costs of the opposing party, including attorneys fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. 91-224; s. 920, ch. In its entirety, the code is as follows: 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code. The notice shall be recorded with the clerk of the circuit court in the county where the mobile home park is located. It is unlawful for any mobile home park owner or developer to make any agreement, written or oral, whereby the fees authorized in this subsection will be split between such mobile home park owner or developer and any mobile home dealer, unless otherwise provided for in this chapter. This information is not intended to create, and receipt The MRL spells out the rights and obligations of the park owner/management and . This means doing your homework, making sure you can afford the investment, finding the right professionals to work with, and following all city, state, and mobile home park regulations. The park owner shall not limit the comparable mobile home park disclosure to those mobile home parks that are owned or operated by the same owner or operator as the subject park, except in certain circumstances, which include, but are not limited to: That the market area for comparable mobile home parks includes mobile home parks owned or operated by the same entity that have similar facilities, services, and amenities; That the subject mobile home park has unique attributes that are shared with similar mobile home parks; That the mobile home park is located in a geographic or market area that contains few comparable mobile home parks; or. Upon written request by the homeowners association, the park owner shall notify the homeowners association by certified mail, return receipt requested, of the name and address of the park owner, the park owners agent for service of process, and the legal description of the park. The division may impose a civil penalty against a mobile home park owner or homeowners association, or its assignee or agent, for any violation of this chapter, a properly adopted park rule or regulation, or a rule adopted pursuant hereto. The court shall consider such resolution or agreement to be a contract for the purpose of providing a remedy to the complaining party. The surcharge shall be collected in the same manner as the annual fee and shall be deposited in the Florida Mobile Home Relocation Trust Fund. If a park owner or operator, in good faith, has attempted to comply with the requirements of this chapter, and if, in fact, the park owner or operator has substantially complied with the disclosure requirements of this chapter, nonmaterial errors or omissions in the disclosure materials shall not be actionable. The officers and directors of the association have a fiduciary relationship to the members. 3390 Gandy Boulevard North, Lot 652, St. Petersburg. 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. St Petersburg, FL 33702. The owner of the mobile home park must first deliver a seven-day notice to vacate, stating, with specificity, the laws violated and how said violations adversely affect the health, safety, or welfare of the other tenants of the mobile home park. 84-80; s. 6, ch. 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. Laws Determine Park Obligations Recent storm and hurricane damage has caused considerable concern to mobile home owners as to which duties are the responsibility of the park owner. Travel trailers are not considered mobile homes because they are not made for living in year round. With regard to a tenancy in existence on the effective date of this chapter, the prospectus or offering circular offered by the mobile home park owner must contain the same terms and conditions as rental agreements offered to all other mobile home owners residing in the park on the effective date of this act, excepting only rent variations based upon lot location and size, and may not require any mobile home owner to install any permanent improvements, except that the mobile home owner may be required to install permanent improvements to the mobile home as disclosed in the prospectus. 723.025 Park owner's access to mobile home and mobile home lot. 84-80; s. 4, ch. 2179 and s. 11 of C.S. All fees and charges, assessments, or other financial obligations not included in the rental agreement and a copy of the rules and regulations in effect. 93-150; s. 913, 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. This law sets some broad standards that you must adhere to. 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. If sufficient funds become available, the corporation shall pay the claimant whose unpaid claim is the earliest by time and date of approval. The court shall notify the mobile home owner of such requirement. 84-80; s. 14, ch. The term parties, for purposes of mediation under this section and s. 723.038, means a park owner and a homeowners committee selected pursuant to this section. 86-162; s. 27, ch. Thereafter, the homeowners association shall notify the park owner in writing by certified mail, return receipt requested, of any change of names and addresses of its president or registered agent. An explanation of the manner in which the lot rental amount will be raised, including, but not limited to: Notification of the mobile home owner at least 90 days in advance of the increase. s. 12, ch. Required education curriculum information for board member and mobile home owner training shall include: The provider of the training programs, which shall include the following information regarding its training and educational programs: A price list, if any, for the programs and copies of all materials. The park owner shall provide the committee a copy of the summary at or before the meeting. 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. A directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for the term of office continuing until the next election of directors by the members. All land used as a mobile home park shall be located on well-drained sites of ample size, free from heavy or dense growth of brush or weeds; the land shall be free from marsh and shall be graded to ensure rapid drainage during and following rain. The division may bring an action in circuit court on behalf of a class of mobile home owners, mobile home park owners, lessees, or purchasers for declaratory relief, injunctive relief, or restitution. A member may not allow any other person to cast his or her ballot, and any ballots improperly cast are invalid. 84-80; s. 9, ch. mobile home park. 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. 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