reglab/housing_qa huggingface dataset:
FL Stat § 723.063 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.063 - Defenses to Action for Rent or Possession; Procedure.

723.063 Defenses to action for rent or possession; procedure.—(1) In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend upon the ground of a material noncompliance with any portion of this chapter or may raise any other defense, whether legal or equitable, which he or she may have. 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 owner’s noncompliance with portions of this chapter, specifying in reasonable detail the provisions in default. A material noncompliance with this chapter by the park owner is a complete defense to an action for possession based upon nonpayment of rent, or a portion thereof, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the lot during the period of noncompliance with any portion of this chapter. After consideration of all other relevant issues, the court shall enter appropriate judgment.(2) In any action by the park owner or a mobile home owner brought under subsection (1), the mobile home owner shall pay into the registry of the court that portion of the accrued rent, if any, relating to the claim of material noncompliance as alleged in the complaint, or as determined by the court. The court shall notify the mobile home owner of such requirement. The failure of the mobile home owner to pay the rent, or portion thereof, into the registry of the court as required herein constitutes an absolute waiver of the mobile home owner’s defenses other than payment, and the park owner is entitled to an immediate default.(3) When the mobile home owner has deposited funds into the registry of the court in accordance with the provisions of this section and the park owner is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income from the premises, the park owner may apply to the court for disbursement of all or part of the funds or for prompt final hearing, whereupon the court shall advance the cause on the calendar. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause.History.—s. 1, ch. 84-80; s. 928, ch. 97-102.
FL Stat § 723.068 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.068 - Attorney’s Fees.

723.068 Attorney’s fees.—Except as provided in s. 723.037, in any proceeding between private parties to enforce provisions of this chapter, the prevailing party is entitled to a reasonable attorney’s fee.History.—s. 1, ch. 84-80.
FL Stat § 723.072 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.072 - Affidavit of Compliance With Statutory Requirements.

723.072 Affidavit of compliance with statutory requirements.—(1) A park owner may at any time record, in the official records of the county where a mobile home park is situated, an affidavit in which the park owner certifies that:(a) With reference to an offer by him or her for the sale of such park, he or she has complied with the provisions of s. 723.071(1);(b) With reference to an offer received by him or her for the purchase of such park, or with reference to a counteroffer which he or she intends to make, or has made, for the sale of such park, he or she has complied with the provisions of s. 723.071(2);(c) Notwithstanding his or her compliance with the provisions of either subsection (1) or subsection (2) of s. 723.071, no contract has been executed for the sale of such park between himself or herself and the park homeowners’ association;(d) The provisions of subsections (1) and (2) of s. 723.071 are inapplicable to a particular sale or transfer of such park by him or her, and compliance with such subsections is not required; or(e) A particular sale or transfer of such park is exempted from the provisions of this section and s. 723.071.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 owner’s compliance with the provisions of s. 723.071.(2) It is the purpose and intention of this section to preserve the marketability of title to mobile home parks, and, accordingly, the provisions of this section shall be liberally construed in order that all persons may rely on the record title to mobile home parks.History.—s. 1, ch. 84-80; s. 60, ch. 85-62; s. 930, ch. 97-102.
FL Stat § 723.073 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.073 - Conveyance by the Association.

723.073 Conveyance by the association.—(1) In the event that an association acquires a mobile home park and intends to reconvey a portion or portions of the property acquired to members of the association, the association shall record copies of its articles and bylaws and any additional covenants, restrictions, or declarations of servitude affecting the property with the clerk of the circuit court prior to the conveyance of any portion of the property to an individual member of the association. To create a mobile home cooperative after acquisition of the property, the association shall record the cooperative documents, as required by chapter 719, in the county where the property is located. The effective date of the cooperative shall be the date of the recording.(2) An association that acquires a mobile home park pursuant to s. 723.071 is exempt from s. 719.1035 and the requirements of part VI of chapter 718 and part VI of chapter 719.History.—s. 1, ch. 84-80; s. 8, ch. 96-396.
FL Stat § 723.074 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.074 - Sale of Facilities Serving a Mobile Home Subdivision.

723.074 Sale of facilities serving a mobile home subdivision.—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. A mobile home subdivision in which no more than 30 percent of the total lots are leased will not be deemed to be a mobile home park, provided the mobile home owner is granted an option to purchase the lot when the lease is entered into and provided the purchase price of the lot is included in the original lease agreement.History.—s. 1, ch. 84-80; s. 931, ch. 97-102.
FL Stat § 723.075 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.075 - Homeowners’ 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.
FL Stat § 723.0751 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.0751 - Mobile Home Subdivision Homeowners’ Association.

723.0751 Mobile home subdivision homeowners’ association.—(1) In the event that no homeowners’ association has been created pursuant to ss. 720.301-720.312 to operate a mobile home subdivision, the owners of lots in such mobile home subdivision shall be authorized to create a mobile home subdivision homeowners’ association in the manner prescribed in ss. 723.075, 723.076, and 723.078 which shall have the powers and duties, to the extent applicable, set forth in ss. 723.002(2) and 723.074.(2) Rights granted to the owners of lots in a mobile home subdivision in ss. 723.002(2) and 723.074 may be exercised through an association created or authorized pursuant to this section for the owners of lots who are members of the mobile home subdivision homeowners’ association.(3) In the event that the owners of lots in a mobile home subdivision share common areas, recreational facilities, roads, and other amenities with the owners of mobile homes in a mobile home park and the mobile home owners have created a mobile home owners’ association pursuant to ss. 723.075-723.079, said mobile home owners’ association shall be the authorized representative of owners of lots in said mobile home subdivision provided:(a) The members of the mobile home owners’ association have, by majority vote, authorized the inclusion of subdivision lot owners in the mobile home park homeowners’ association; and(b) The owners of lots in the mobile home subdivision are entitled to vote only on matters that effect their rights contained in ss. 723.002(2) and 723.074.History.—s. 11, ch. 99-382; s. 57, ch. 2000-258.
FL Stat § 723.076 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.076 - Incorporation; Notification of Park Owner.

723.076 Incorporation; notification of park owner.—(1) Upon receipt of its certificate of incorporation, the homeowners’ association shall notify the park owner in writing of such incorporation and shall advise the park owner of the names and addresses of the officers of the homeowners’ association by personal delivery upon the park owner’s representative as designated in the prospectus or by certified mail, return receipt requested. 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. Upon election or appointment of new officers or board members, the homeowners’ association shall notify the park owner in writing by certified mail, return receipt requested, of the names and addresses of the new officers or board members.(2) 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 owner’s agent for service of process, and the legal description of the park. Thereafter, in the event of a change in the name or address of the park owner or the park owner’s agent for service of process, the park owner shall notify in writing the president or registered agent of the homeowners’ association of such change by certified mail, return receipt requested.(3) The homeowners’ association shall file a notice of its right to purchase the mobile home park as set forth in s. 723.071. The notice shall contain the name of the association, the name of the park owner, and the address or legal description of the park. The notice shall be recorded with the clerk of the circuit court in the county where the mobile home park is located. 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.History.—s. 1, ch. 84-80; s. 13, ch. 86-162; s. 17, ch. 88-147; s. 30, ch. 2020-27.
FL Stat § 723.077 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.077 - Articles of Incorporation.

723.077 Articles of incorporation.—The articles of incorporation of a homeowners’ association shall provide:(1) That the association has the power to negotiate for, acquire, and operate the mobile home park on behalf of the mobile home owners.(2) For the conversion of the mobile home park once acquired to a condominium, a cooperative, or a subdivision form of ownership, or another type of ownership.Upon acquisition of the property, the association, by action of its board of directors, shall be the entity that creates a condominium, cooperative, or subdivision or offers condominium, cooperative, or subdivision units for sale or lease in the ordinary course of business or, if the homeowners choose a different form of ownership, the entity that owns the record interest in the property and that is responsible for the operation of property.History.—s. 1, ch. 84-80; s. 13, ch. 92-148.
FL Stat § 723.0781 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.0781 - Board Member Training Programs.

723.0781 Board member training programs.—(1) Within 90 days after being elected or appointed to the board, a newly elected or appointed director shall certify by an affidavit in writing to the secretary of the association that he or she has read the association’s current articles of incorporation, bylaws, and the mobile home park’s prospectus, rental agreement, rules, regulations, and written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.(2) In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum approved by the division within 1 year before or 90 days after the date of election or appointment. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption.(3) A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this section. The board may temporarily fill the vacancy during the period of suspension.(4) The secretary of the association shall retain a director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.(5) This section becomes effective on October 1, 2016. Any member of the board of directors of a homeowners’ association not in compliance with the requirements of this section may not be considered in violation of this section until after October 1, 2017.History.—s. 11, ch. 2015-90; s. 6, ch. 2016-169.
FL Stat § 723.0791 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.0791 - Mobile Home Cooperative Homeowners’ Associations; Elections.

723.0791 Mobile home cooperative homeowners’ associations; elections.—The provisions of s. 719.106(1)(b) notwithstanding, the election of board members in a mobile home cooperative homeowners’ association may be carried out in the manner provided for in the bylaws of the association. A mobile home cooperative is a residential cooperative consisting of real property to which 10 or more mobile homes are located or are affixed.History.—s. 33, ch. 93-150.
FL Stat § 723.081 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.081 - Notice of Application for Change in Zoning.

723.081 Notice of application for change in zoning.—The mobile home park owner shall notify in writing each mobile home owner or, if a homeowners’ association has been established, the directors of the association, of any application for a change in zoning of the park within 5 days after the filing for such zoning change with the zoning authority.History.—s. 1, ch. 84-80.
FL Stat § 723.083 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.083 - Governmental Action Affecting Removal of Mobile Home Owners.

723.083 Governmental action affecting removal of mobile home owners.—No agency of municipal, local, county, or state government shall approve any application for rezoning, or take any other official action, which would result in the removal or relocation of mobile home owners residing in a mobile home park without first determining that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners.History.—s. 1, ch. 84-80.
FL Stat § 723.085 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.085 - Rights of Lienholder on Mobile Homes in Rental Mobile Home Parks.

723.085 Rights of lienholder on mobile homes in rental mobile home parks.—(1) 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).(2) Upon the foreclosure of the lien for unpaid purchase price and sale of the mobile home, the owner of the mobile home must qualify for tenancy in the mobile home park in accordance with the rules and regulations of the mobile home park. The park owner shall comply with the provisions of s. 723.061 in determining whether the homeowner may qualify as a tenant.History.—s. 17, ch. 92-148; s. 78, ch. 99-3.
FL Stat § 723.086 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.086 - Property and Lienholder Contracts.

723.086 Property and lienholder contracts.—The property owner and lienholder may enter into any contract providing rights, duties, and obligations different from those set forth in this act, and the terms and conditions of such contract shall control the rights, duties, and obligations of the parties with respect to any action at law brought to enforce the provisions of this act. 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.History.—s. 18, ch. 92-148; s. 63, ch. 95-211.
FL Stat § 723.0861 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.0861 - Attorney’s Fees and Costs.

723.0861 Attorney’s fees and costs.—The prevailing party in any action brought to enforce the provisions of 1this section shall be entitled to reasonable attorney’s fees and costs.History.—s. 19, ch. 92-148.1Note.—As enacted; the reference to “this section” is probably intended to refer to ss. 723.085, 723.086, and 723.0861. Section 12 of H.B. 2179 and s. 11 of C.S. for H.B. 2179 included in one section the provisions compiled as ss. 723.085, 723.086, and 723.0861. C.S. for H.B. 2179 was amended on the floor. See Journal of the House of Representatives 1992, p. 1806. These provisions were separated in that amendment into ss. 17, 18, and 19 (see pp. 1809-1810), and the amendment was adopted (see p. 1812).
FL Stat § 723.1255 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.1255 - Alternative Resolution of Recall, Election, and Inspection and Photocopying of Official Records Disputes.

723.1255 Alternative resolution of recall, election, and inspection and photocopying of official records disputes.—(1) A dispute between a mobile home owner and a homeowners’ association regarding the election and recall of officers or directors under s. 723.078(2)(b) or regarding the inspection and photocopying of official records under s. 723.079(5) must be submitted to mandatory binding arbitration with the division. The arbitration shall be conducted in accordance with this section and the procedural rules adopted by the division.(2) Each party shall be responsible for paying its own attorney fees, expert and investigator fees, and associated costs. The cost of the arbitrators shall be divided equally between the parties regardless of the outcome.(3) The division shall adopt procedural rules to govern mandatory binding arbitration proceedings.History.—s. 10, ch. 2015-90; s. 33, ch. 2020-27.