In the context of mobile home parks in Florida, a “mobile home park HOA” (Homeowners Association) is a legal entity, similar to a traditional HOA, that manages common areas, enforces community rules, and maintains property values within the park, with residents owning their mobile homes and renting the lot.
Here’s a more detailed explanation:
What it is:
A mobile home park HOA is a legal entity established to manage a mobile home park, similar to how a traditional HOA manages a planned community.
Who is involved:
Residents of the mobile home park, who own their mobile homes but rent the lot, can be members of the HOA.
What it does:
The HOA sets rules for the community, manages common areas, and enforces those rules.
Common rules:
These rules can cover various aspects of park life, including property maintenance, parking, holiday decorations, and park operations.
Florida Specifics:
In Florida, mobile home parks can be managed by HOAs, and the residents are obligated to follow these community rules, even if they own their homes or mobile units.
Legal Framework:
Resident-owned mobile home parks form associations akin to HOAs and are managed in large part by HOA law (Florida Statute 720).
Example of rules:
Some common rules that may be set include pet restrictions, vermin control, and restrictions on adding porches or other features to the unit.
Enforcement:
HOAs have the power to fine or even evict residents who violate their rules.
Benefits:
HOAs can offer some benefits, like maintaining a uniform aesthetic and providing shared amenities.
Park Ownership:
If the park is sold, the residents have an option (in effect, “right of first refusal”) to purchase the park, and if they do, the park may be established as a Florida Homeowners Association, Condominium Association or Cooperative Association.
ALL the statutes can be found here: https://m.flsenate.gov/Statutes/723.075
Chapter 723
MOBILE HOME PARK LOT TENANCIES
SECTION 075Homeowners’ associations.
723.075 Homeowners’ associations. — (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.
