House Bill 1041

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    Florida House of Representatives - 2000                HB 1041

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to the Florida Mobile Home Act;

  3         amending s. 723.003, F.S.; revising the

  4         definition of "pass-through charge"; amending

  5         s. 723.071, F.S., relating to the sale of a

  6         mobile home park; revising provisions with

  7         respect to a bona fide offer of purchase made

  8         to a mobile home park owner; providing for

  9         rights of mobile home owners when such an offer

10         of purchase includes other property or more

11         than one mobile home park; redefining the term

12         "affiliate"; amending s. 723.072, F.S.;

13         conforming cross-references; amending s.

14         723.078, F.S., relating to bylaws of

15         homeowners' associations; revising the quorum

16         requirements; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (10) of section 723.003, Florida

21  Statutes, is amended to read:

22         723.003  Definitions.--As used in this chapter, the

23  following words and terms have the following meanings unless

24  clearly indicated otherwise:

25         (10)  The term "pass-through charge" means the mobile

26  home owner's proportionate share of the necessary and actual

27  direct costs and impact or hookup fees for a governmentally

28  mandated capital improvement, which may include the necessary

29  and actual direct costs and impact or hookup fees incurred for

30  capital improvements required for public or private regulated

31  utilities. The mobile home park owner's proportionate share is

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  1  that portion of actual direct costs and impact or hookup fees

  2  attributable to governmentally mandated capital improvements

  3  that serve or will serve empty lots, property of undeveloped

  4  phases, and any property used and maintained by the park owner

  5  which is not occupied by a mobile home owned by a mobile home

  6  owner.

  7         Section 2.  Section 723.071, Florida Statutes, is

  8  amended to read:

  9         723.071  Sale of mobile home parks.--

10         (1)(a)  If a mobile home park owner offers a mobile

11  home park for sale or receives a bona fide offer to purchase

12  the park which the owner intends to consider or make a counter

13  offer to, she or he shall notify the officers of the

14  homeowners' association created pursuant to ss.

15  723.075-723.079 of the offer, stating the price and the terms

16  and conditions of sale.

17         (b)  The mobile home owners, by and through the

18  association defined in s. 723.075, shall have the right to

19  purchase the park if, provided the home owners meet the price

20  and terms and conditions of the offer to purchase or the offer

21  by the mobile home park owner to sell by executing a contract

22  with the park owner within 45 days, unless agreed to

23  otherwise, from the date of mailing of the notice and if

24  provided they have complied with ss. 723.075-723.079.  If a

25  contract between the park owner and the association is not

26  executed within the such 45-day period, then, unless the park

27  owner thereafter elects to offer the park at a price lower

28  than the price specified in the her or his notice to the

29  officers of the homeowners' association, the park owner has no

30  further obligations under this subsection, and has her or his

31  only the obligation shall be as set forth in subsection (2).

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  1         (c)  If the bona fide offer of purchase includes other

  2  property or more than one mobile home park, the mobile home

  3  owners have the right to purchase the park in which they

  4  reside for the price and terms and conditions as they relate

  5  to that park separate and apart from the other properties. The

  6  park owner shall notify the homeowners' association as

  7  required in paragraph (a), and shall separately state the

  8  price, terms, and conditions of each park that is a part of an

  9  offer consisting of more than one park.

10         (2)(c)  If the park owner thereafter elects to offer

11  the park at a price lower than the price specified in the her

12  or his notice to the home owners, the home owners, by and

13  through the association, must be given will have an additional

14  10 days to meet the price and terms and conditions of the park

15  owner by executing a contract.

16         (2)  If a mobile home park owner receives a bona fide

17  offer to purchase the park that she or he intends to consider

18  or make a counteroffer to, the park owner's only obligation

19  shall be to notify the officers of the homeowners' association

20  that she or he has received an offer and disclose the price

21  and material terms and conditions upon which she or he would

22  consider selling the park and consider any offer made by the

23  home owners, provided the home owners have complied with ss.

24  723.075-723.079. The park owner shall be under no obligation

25  to sell to the home owners or to interrupt or delay other

26  negotiations and shall be free at any time to execute a

27  contract for the sale of the park to a party or parties other

28  than the home owners or the association.

29         (3)(a)  As used in subsection subsections (1) and (2),

30  the term "notify" means the mailing placing of a notice by

31  certified in the United States mail addressed to the officers

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  1  of the homeowners' association. Each such notice is considered

  2  shall be deemed to have been given upon the deposit of the

  3  notice in the United States mail.

  4         (b)  As used in subsections subsection (1) and (2), the

  5  term "offer" means any solicitation by the park owner to the

  6  general public.

  7         (4)  This section does not apply to:

  8         (a)  Any sale or transfer to a person who would be

  9  included within the table of descent and distribution if the

10  park owner were to die intestate.

11         (b)  Any transfer by gift, devise, or operation of law.

12         (c)  Any transfer by a corporation to an affiliate.  As

13  used herein, the term "affiliate" means any shareholder of the

14  transferring corporation; any corporation or entity owned or

15  controlled, directly or indirectly, by the transferring

16  corporation; or any other corporation or entity owned or

17  controlled, directly or indirectly, by any shareholder of the

18  transferring corporation.

19         (d)  Any transfer by a partnership to any of its

20  partners.

21         (e)  Any conveyance of an interest in a mobile home

22  park incidental to the financing of such mobile home park.

23         (f)  Any conveyance resulting from the foreclosure of a

24  mortgage, deed of trust, or other instrument encumbering a

25  mobile home park or any deed given in lieu of such

26  foreclosure.

27         (g)  Any sale or transfer between or among joint

28  tenants or tenants in common owning a mobile home park.

29         (h)  Any exchange of a mobile home park for other real

30  property, whether or not such exchange also involves the

31  payment of cash or other boot.

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  1         (i)  The purchase of a mobile home park by a

  2  governmental entity under its powers of eminent domain.

  3         Section 3.  Subsection (1) of section 723.072, Florida

  4  Statutes, is amended to read:

  5         723.072  Affidavit of compliance with statutory

  6  requirements.--

  7         (1)  A park owner may at any time record, in the

  8  official records of the county where a mobile home park is

  9  situated, an affidavit in which the park owner certifies that:

10         (a)  With reference to an offer by him or her for the

11  sale of such park, he or she has complied with the provisions

12  of s. 723.071(1) and (2);

13         (b)  With reference to an offer received by him or her

14  for the purchase of such park, or with reference to a

15  counteroffer which he or she intends to make, or has made, for

16  the sale of such park, he or she has complied with the

17  provisions of s. 723.071(1) and (2);

18         (c)  Notwithstanding his or her compliance with the

19  provisions of either subsection (1) or subsection (2) of s.

20  723.071, no contract has been executed for the sale of such

21  park between himself or herself and the park homeowners'

22  association;

23         (d)  The provisions of subsections (1) and (2) of s.

24  723.071 are inapplicable to a particular sale or transfer of

25  such park by him or her, and compliance with such subsections

26  is not required; or

27         (e)  A particular sale or transfer of such park is

28  exempted from the provisions of this section and s. 723.071.

29

30  Any party acquiring an interest in a mobile home park, and any

31  and all title insurance companies and attorneys preparing,

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  1  furnishing, or examining any evidence of title, have the

  2  absolute right to rely on the truth and accuracy of all

  3  statements appearing in such affidavit and are under no

  4  obligation to inquire further as to any matter or fact

  5  relating to the park owner's compliance with the provisions of

  6  s. 723.071.

  7         Section 4.  Paragraph (b) of subsection (2) of section

  8  723.078, Florida Statutes, is amended to read:

  9         723.078  Bylaws of homeowners' associations.--In order

10  for a homeowners' association to exercise the rights provided

11  in s. 723.071, the bylaws of the association shall provide for

12  the following:

13         (2)  The bylaws shall provide and, if they do not,

14  shall be deemed to include, the following provisions:

15         (b)  A majority of the members shall constitute a

16  quorum, unless the bylaws of the homeowners' association

17  provide that a lesser number of members constitutes a quorum.

18  Decisions shall be made by a majority of members represented

19  at a meeting at which a quorum is present.  In addition,

20  provision shall be made in the bylaws for definition and use

21  of proxy.  Any proxy given shall be effective only for the

22  specific meeting for which originally given and any lawfully

23  adjourned meetings thereof.  In no event shall any proxy be

24  valid for a period longer than 120 days after the date of the

25  first meeting for which it was given. Every proxy shall be

26  revocable at any time at the pleasure of the member executing

27  it.

28         Section 5.  This act shall take effect October 1, 2000.

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  2                          SENATE SUMMARY

  3    Revises the provisions of the Florida Mobile Home Act to:

  4         1.  Revise the definition of the term "pass-through
      charge" for the purpose of specifying a mobile home park
  5    owner's proportionate share of described costs.

  6         2.  Revise provisions relating to the sale of a
      mobile home park with respect to a bona fide offer of
  7    purchase made to a mobile home park owner; provide for
      rights of mobile home owners when such an offer of
  8    purchase includes other property or more than one mobile
      home park; revise the definition of the term "affiliate."
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           3.  Revise provisions with respect to bylaws of
10    homeowners' associations relating to the number of
      members which constitutes a quorum.
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