(1) 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. 723.077, 723.078, and 723.079, which shall be a corporation for profit or not for profit and of which not less than two-thirds of all of the mobile home owners within the park shall have consented, in writing, to become members or shareholders. Upon incorporation of the association, all consenting mobile home owners in the park may become members or shareholders. The term “member” or “shareholder” means a mobile home owner who consents to be bound by the articles of incorporation, bylaws, and policies of the incorporated homeowners’ association. The association may not have a member or shareholder who is not a bona fide owner of a mobile home located in the park. 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.
(2) It is the intent of the Legislature that any homeowners’ association properly created pursuant to chapter 715 prior to the effective date of this act be deemed an association created pursuant to the provisions of this section and have all rights and powers granted under this section and ss. 723.077 and 723.079. Any inconsistency in the provisions of the charter of such previously created homeowners’ association shall be deemed amended to conform herewith.
(3) Notwithstanding subsection (1), if a portion of the park contains concrete block homes occupying lots under 99-year leases, those homeowners may be part of the association and may serve on the board of directors of the association based on the percentage of lots containing concrete block homes to the total number of mobile home lots in the park.
History.—s. 1, ch. 84-80; s. 2, ch. 2008-45; s. 4, ch. 2016-169.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 723 - Mobile Home Park Lot Tenancies
723.002 - Application of Chapter.
723.004 - Legislative Intent; Preemption of Subject Matter.
723.005 - Regulation by Division.
723.006 - Powers and Duties of Division.
723.007 - Annual Fees; Surcharge.
723.008 - Applicability of Chapter 212 to Fees, Penalties, and Fines Under This Chapter.
723.009 - Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
723.011 - Disclosure Prior to Rental of a Mobile Home Lot; Prospectus, Filing, Approval.
723.012 - Prospectus or Offering Circular.
723.013 - Written Notification in the Absence of a Prospectus.
723.014 - Failure to Provide Prospectus or Offering Circular Prior to Occupancy.
723.016 - Advertising Materials; Oral Statements.
723.017 - Publication of False or Misleading Information; Remedies.
723.021 - Obligation of Good Faith and Fair Dealings.
723.022 - Mobile Home Park Owner’s General Obligations.
723.023 - Mobile Home Owner’s General Obligations.
723.024 - Compliance by Mobile Home Park Owners and Mobile Home Owners.
723.025 - Park Owner’s Access to Mobile Home and Mobile Home Lot.
723.027 - Persons Authorized by Park Owner to Receive Notices.
723.031 - Mobile Home Lot Rental Agreements.
723.032 - Prohibited or Unenforceable Provisions in Mobile Home Lot Rental Agreements.
723.033 - Unreasonable Lot Rental Agreements; Increases, Changes.
723.035 - Rules and Regulations.
723.038 - Dispute Settlement; Mediation.
723.0381 - Civil Actions; Arbitration.
723.041 - Entrance Fees; Refunds; Exit Fees Prohibited; Replacement Homes.
723.042 - Provision of Improvements.
723.043 - Purchase of Equipment.
723.044 - Interference With Installation of Appliances or Interior Improvements.
723.045 - Sale of Utilities by Park Owner or Developer.
723.046 - Capital Costs of Utility Improvements.
723.051 - Invitees; Rights and Obligations.
723.054 - Right of Mobile Home Owners to Peaceably Assemble; Right to Communicate.
723.056 - Enforcement of Right of Assembly and Right to Hear Outside Speakers.
723.058 - Restrictions on Sale of Mobile Homes.
723.059 - Purchaser of a Mobile Home Within a Mobile Home Park.
723.061 - Eviction; Grounds, Proceedings.
723.0611 - Florida Mobile Home Relocation Corporation.
723.06115 - Florida Mobile Home Relocation Trust Fund.
723.06116 - Payments to the Florida Mobile Home Relocation Corporation.
723.0612 - Change in Use; Relocation Expenses; Payments by Park Owner.
723.0615 - Retaliatory Conduct.
723.062 - Removal of Mobile Home Owner; Process.
723.063 - Defenses to Action for Rent or Possession; Procedure.
723.071 - Sale of Mobile Home Parks.
723.072 - Affidavit of Compliance With Statutory Requirements.
723.073 - Conveyance by the Association.
723.074 - Sale of Facilities Serving a Mobile Home Subdivision.
723.075 - Homeowners’ Associations.
723.0751 - Mobile Home Subdivision Homeowners’ Association.
723.076 - Incorporation; Notification of Park Owner.
723.077 - Articles of Incorporation.
723.078 - Bylaws of Homeowners’ Associations.
723.0781 - Board Member Training Programs.
723.079 - Powers and Duties of Homeowners’ Association.
723.0791 - Mobile Home Cooperative Homeowners’ Associations; Elections.
723.081 - Notice of Application for Change in Zoning.
723.083 - Governmental Action Affecting Removal of Mobile Home Owners.
723.084 - Storage Charges on Mobile Homes.
723.085 - Rights of Lienholder on Mobile Homes in Rental Mobile Home Parks.
723.086 - Property and Lienholder Contracts.