History.s. The Mobile Home Repair and Remodeling Code is also known as 15-C-2.0081. This law sets some broad standards that you must adhere to. Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation. 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. State Government Agencies. The notice must identify all other affected homeowners, which may be by lot number, name, group, or phase. Title 10 Chapter 153. 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. The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. An arbitrator or mediator under ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. An impartial committee shall be responsible for overseeing the election process and complying with all ballot requirements. All covenants and restrictions and zoning which will affect the use of the property and which are not contained in the foregoing. County: BREVARD. In an action to enforce the provisions of this section and ss. 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. 96-396; s. 1778, ch. It shall be unlawful for a mobile home park owner to execute on a writ of possession of a mobile home that is either undergoing foreclosure of a lien for unpaid purchase price or first lien, properly noticed pursuant to this act, or that has been foreclosed on by the lienholder, and the lienholder is the titleholder of the mobile home, so long as the lot rental amount is paid in accordance with s. 723.084(6). There are laws that govern this process, so make sure that the conditions of your lease adhere to these. 97-291. Filings for mobile home parks in which lots have been offered for lease prior to the effective date of this chapter shall be accompanied by a filing fee as follows: For a park in which there are 26-50 lots: $100. 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. Any extension or renewal of a resale agreement shall be in writing and shall be of specified duration. for H.B. This program includes mobile home parks where the lots are not individually owned, lodging and recreational vehicle parks, and recreational camps. This subsection is intended to clarify existing law. 97-102; s. 2, ch. 2015-90; s. 5, ch. All other notices may be by regular mail, and will, for purposes of calculation of time, be considered delivered 5 days after the date postmarked. The notice shall be recorded with the clerk of the circuit court in the county where the mobile home park is located. 2016-169. 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. Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. With regard to any written complaint alleging a violation of any provision of this chapter or any rule adopted pursuant thereto, the division shall, within 30 days after receipt of a written complaint, notify, in writing, the person who filed the complaint of the status of the complaint. The home owner is responsible for all fines imposed by the local government for noncompliance with any local codes. The trust fund shall be funded from moneys collected by the corporation from mobile home park owners under s. 723.06116, the surcharge collected by the department under s. 723.007(2), the surcharge collected by the Department of Highway Safety and Motor Vehicles, and from other appropriated funds. The owner of recreational facilities or other property exclusively serving a mobile home subdivision shall not sell such recreational facilities or other property unless she or he first gives the right to purchase such recreational facilities or other property to the owners of lots within the mobile home subdivision, in the manner provided for in s. 723.071, provided the owners of lots within the subdivision have created a homeowners association similar to that required by s. 723.075. 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. 92-148; s. 1, ch. 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. Only one vote per mobile home or subdivision lot shall be counted. In its entirety, the code is as follows: 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code. There is levied on each annual fee imposed under subsection (1) a surcharge in the amount of $1. Homeowners association means a corporation for profit or not for profit, which is formed and operates in compliance with ss. 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. The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her 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. When both the mobile home and lot are rented or when fewer than 10 lots are available for rent or lease, the tenancy shall be governed by the provisions of part II of chapter 83, the Florida Residential Landlord and Tenant Act. However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below 10 if that tenancy was subject to the provisions of this chapter prior to the reduction in lots. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device. Mobile home park owner's general obligations. Park Rules. The directors shall have the authority to amend and restate the articles of incorporation and bylaws in order to comply with the requirements of chapter 718, chapter 719, or other applicable sections of the Florida Statutes. 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. Pets must meet the stated size restrictions and must be kept under control at all times. A ballot may not indicate if any of the candidates are incumbent on the board. Publication of false or misleading information; remedies. The mobile home owner has 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 use of the mobile home park given pursuant to s. 723.061(1)(d). 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. 88-147; s. 7, ch. Maintain utility connections and systems for which the park owner is responsible in proper operating condition. Entrance fees; refunds; exit fees prohibited; replacement homes. Sometimes, the HOA Florida fees can be as high as $400 - $800 when there are amenities to be constructed in the community. Park rules and regulations run with the park rental agreement and are enforceable under . Mobile Home Description. has a history of dangerous behavior, the housing provider does not have 87-150; s. 16, ch. 84-80; s. 2, ch. 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. not required to make a reasonable accommodation if the presence of the We're No entrance fee may be charged by the park owner to the purchaser of a mobile home situated in the park that is offered for sale by a resident of the park. 97-102; s. 5, ch. 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. 2015-90. 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. Disclosure of all user fees currently charged for services offered which the homeowner may elect to incur and the manner in which the fees will be increased. No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter. Notwithstanding this section, members may vote in person at member meetings or by secret ballot, including absentee ballots, as defined by the division. Call us today @ 561.699.0399. 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. Any other records that identify, measure, record, or communicate financial information. 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. A speaker shall be used so that the conversation of those board or committee members attending by telephone may be heard by the board or committee members attending in person, as well as by members present at a meeting. 85-62; s. 27, ch. Requests must include documentation indicating the amount of funds needed, the name and location of the mobile home park, the number of approved applications for moving expenses or abandonment allowance, and summary information specifying the number and type, single-section or multisection, of homes moved or abandoned. Faith and fair dealings in its performance or enforcement the lots are not individually owned lodging. 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