Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-32 - MOBILE HOME MEDIATION RULES › Section 61B-32.004 - Meeting Between Park Owner and Homeowners' Committee

Current through Reg. 50, No. 138; July 16, 2024
(1) The park owner or subdivision developer
				shall make and maintain a written record of the reasons for the increase in lot
				rental amount or reduction in services or utilities or changes to rules and
				regulations as applicable, which shall be as specific as the explanation
				required by subsection
				61B-32.004(2),
				F.A.C., and which shall be retained for a period of 3 years.
(2) At the meeting required by Section
				723.037(4),
				F.S., the park owner or subdivision developer shall in good faith disclose and
				explain all material factors resulting in the decision to increase lot rental
				amount, reduce services or utilities, or change rules and regulations,
				including how those factors justify the specific change proposed. The park
				owner or subdivision developer may not limit the discussion of the reasons for
				the change to generalities only, such as, but not limited to, increases in
				operational costs, changes in economic conditions, or rents charged by
				comparable mobile home parks. For example, if the reason for an increase in lot
				rental amount is an increase in operational costs, the park owner must disclose
				the item or items which have increased, the amount of the increase, any similar
				item or items which have decreased and the amount of the decrease. If an
				increase is based upon the lot rental amount charged by comparable mobile home
				parks, the park owner shall disclose the name, address, lot rental amount and
				any other relevant factors concerning the mobile home parks relied upon by the
				park owner.
(3) If an agreement is
				reached between the committee and the park owner or subdivision developer, the
				terms of the agreement shall be stated in writing and signed by the committee
				and the park owner or subdivision developer.
(4) If an agreement is not reached in the
				meeting, the homeowners' committee may petition the division to initiate
				mediation by mailing or delivering the following items to the Department of
				Business and Professional Regulation, Division of Condominiums, Timeshares, and
				Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 within 30
				days after the meeting required by Section
				723.037(4),
				F.S.:
(a) A completed BPR form 34-001,
				PETITION FOR MEDIATION BY HOMEOWNERS, incorporated herein by reference and
				effective 1-19-97, which may be obtained by writing to the Department of
				Business and Professional Regulation, Division of Condominiums, Timeshares, and
				Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030;
				and,
(b) A copy of the written
				designation required by Section
				723.037(5),
				F.S., which shall include lot identification for each signature; and
(c) A copy of the notice or notices of lot
				rental increase, reduction in services or utilities, or change in rules and
				regulations which is being challenged as unreasonable; and,
(d) A copy of the records which verify the
				selection of the homeowner's committee in accordance with Rule
				61B-32.003, F.A.C., and Section
				723.037(4),
				F.S.