| 1 | A bill to be entitled |
| 2 | An act relating to the sale of mobile home parks; amending |
| 3 | s. 723.071, F.S.; providing that a homeowners' association |
| 4 | purchasing a mobile home park may execute a contract for |
| 5 | only the park that it represents; authorizing a time |
| 6 | extension for home owners when a park owner changes the |
| 7 | terms and conditions of the offer to purchase the park; |
| 8 | revising requirements with respect to unsolicited offers; |
| 9 | defining the term "offer" for such purposes; providing a |
| 10 | limitation on an exception relating to transfers by |
| 11 | partnerships; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraphs (b) and (c) of subsection (1), |
| 16 | subsections (2) and (3), and paragraph (d) of subsection (4) of |
| 17 | section 723.071, Florida Statutes, are amended to read: |
| 18 | 723.071 Sale of mobile home parks.-- |
| 19 | (1) |
| 20 | (b) The mobile home owners, by and through the association |
| 21 | defined in s. 723.075, shall have the right to purchase the |
| 22 | park, provided the home owners meet the price and terms and |
| 23 | conditions of the mobile home park owner by executing a contract |
| 24 | with the park owner within 45 days, unless agreed to otherwise, |
| 25 | from the date of mailing of the notice and provided they have |
| 26 | complied with ss. 723.075-723.079. To exercise its right to |
| 27 | purchase the park, the homeowners' association shall be required |
| 28 | to execute a contract for only the mobile home park that the |
| 29 | homeowners' association represents. If a contract between the |
| 30 | park owner and the association is not executed within such 45- |
| 31 | day period, then, unless the park owner thereafter elects to |
| 32 | offer the park at a price lower than the price specified in her |
| 33 | or his notice to the officers of the homeowners' association or |
| 34 | to change the terms and conditions of the offer, the park owner |
| 35 | has no further obligations under this subsection, and her or his |
| 36 | only obligation shall be as set forth in subsection (2). |
| 37 | (c) If the park owner thereafter elects to offer the park |
| 38 | at a price lower than the price specified in her or his notice |
| 39 | to the home owners or to change the terms and conditions of the |
| 40 | offer, the home owners, by and through the association, will |
| 41 | have an additional 10 days to meet the price and terms and |
| 42 | conditions of the park owner by executing a contract. |
| 43 | (2) If a mobile home park owner receives a bona fide offer |
| 44 | to purchase the park that she or he intends to consider or make |
| 45 | a counteroffer to, the mobile home park owner must first comply |
| 46 | with subsection (1) park owner's only obligation shall be to |
| 47 | notify the officers of the homeowners' association that she or |
| 48 | he has received an offer and disclose the price and material |
| 49 | terms and conditions upon which she or he would consider selling |
| 50 | the park and consider any offer made by the home owners, |
| 51 | provided the home owners have complied with ss. 723.075-723.079. |
| 52 | The park owner shall be under no obligation to sell to the home |
| 53 | owners or to interrupt or delay other negotiations and shall be |
| 54 | free at any time to execute a contract for the sale of the park |
| 55 | to a party or parties other than the home owners or the |
| 56 | association. |
| 57 | (3)(a) As used in subsection subsections (1) and (2), the |
| 58 | term "notify" means the placing of a notice in the United States |
| 59 | mail addressed to the officers of the homeowners' association. |
| 60 | Each such notice shall be deemed to have been given upon the |
| 61 | deposit of the notice in the United States mail. |
| 62 | (b) As used in subsection (1), the term "offer" means any |
| 63 | solicitation by the park owner to the general public. |
| 64 | (c) As used in subsection (2), the term "offer" means any |
| 65 | unsolicited offer to purchase the mobile home park. |
| 66 | (4) This section does not apply to: |
| 67 | (d) Any transfer by a partnership to any of its partners. |
| 68 | However, this exception may not be used to avoid sale to the |
| 69 | homeowners' association. |
| 70 | Section 2. This act shall take effect July 1, 2005. |