CODING: Words stricken are deletions; words underlined are additions.

House Bill 3245

Florida House of Representatives - 1998 HB 3245 By Representative Livingston 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; revising the 12 definition of the term "affiliate"; amending s. 13 723.072, F.S.; correcting cross references; 14 amending s. 723.078, F.S., relating to bylaws 15 of howeowners' associations; revising 16 provisions relating to the number of members 17 which constitutes a quorum; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (10) of section 723.003, Florida 23 Statutes, is amended to read: 24 723.003 Definitions.--As used in this chapter, the 25 following words and terms have the following meanings unless 26 clearly indicated otherwise: 27 (10) The term "pass-through charge" means the mobile 28 home owner's proportionate share of the necessary and actual 29 direct costs and impact or hookup fees for a governmentally 30 mandated capital improvement, which may include the necessary 31 and actual direct costs and impact or hookup fees incurred for 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3245 549-144-98 1 capital improvements required for public or private regulated 2 utilities. The mobile home park owner's proportionate share 3 shall be that portion of actual direct costs and impact or 4 hookup fees attributable to governmentally mandated capital 5 improvements that serve or will serve empty lots, property of 6 undeveloped phases, and any property used and maintained by 7 the park owner not occupied by a mobile home owned by a mobile 8 home owner. 9 Section 2. Section 723.071, Florida Statutes, is 10 amended to read: 11 723.071 Sale of mobile home parks.-- 12 (1)(a) If a mobile home park owner offers a mobile 13 home park for sale or receives a bona fide offer to purchase 14 the park that she or he intends to consider or make a counter 15 offer to, she or he shall notify the officers of the 16 homeowners' association created pursuant to ss. 17 723.075-723.079 of the offer or the bona fide offer of 18 purchase, stating the price and the terms and conditions of 19 sale. 20 (b) The mobile home owners, by and through the 21 association defined in s. 723.075, shall have the right to 22 purchase the park, provided the home owners meet the price 23 and terms and conditions of the bona fide offer of purchase or 24 the offer by the mobile home park owner by executing a 25 contract with the park owner within 45 days, unless agreed to 26 otherwise, from the date of mailing of the notice and provided 27 they have complied with ss. 723.075-723.079. If a contract 28 between the park owner and the association is not executed 29 within such 45-day period, then, unless the park owner 30 thereafter elects to offer the park at a price lower than the 31 price specified in her or his notice to the officers of the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3245 549-144-98 1 homeowners' association, the park owner has no further 2 obligations under this subsection, and her or his only 3 obligation shall be as set forth in subsection (2). 4 (c) If the bona fide offer of purchase includes other 5 property or more than one mobile home park, the mobile home 6 owners shall have the right to purchase the park in which they 7 reside for the price and terms and conditions as they relate 8 to said park separate and apart from the other properties. The 9 park owner shall notify the homeowners' association as 10 required in paragraph (a), and shall separately state the 11 price, terms, and conditions of each park which is a part of 12 an offer consisting of more than one park. 13 (2)(c) If the park owner thereafter elects to offer 14 the park at a price lower than the price specified in her or 15 his notice to the home owners, the home owners, by and through 16 the association, will have an additional 10 days to meet the 17 price and terms and conditions of the park owner by executing 18 a contract. 19 (2) If a mobile home park owner receives a bona fide 20 offer to purchase the park that she or he intends to consider 21 or make a counteroffer to, the park owner's only obligation 22 shall be to notify the officers of the homeowners' association 23 that she or he has received an offer and disclose the price 24 and material terms and conditions upon which she or he would 25 consider selling the park and consider any offer made by the 26 home owners, provided the home owners have complied with ss. 27 723.075-723.079. The park owner shall be under no obligation 28 to sell to the home owners or to interrupt or delay other 29 negotiations and shall be free at any time to execute a 30 contract for the sale of the park to a party or parties other 31 than the home owners or the association. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3245 549-144-98 1 (3)(a) As used in subsections (1) and (2), the term 2 "notify" means the placing of a notice in the United States 3 mail addressed to the officers of the homeowners' association. 4 Each such notice shall be deemed to have been given upon the 5 deposit of the notice in the United States mail. 6 (b) As used in subsections subsection (1) and (2), the 7 term "offer" means any solicitation by the park owner to the 8 general public. 9 (4) This section does not apply to: 10 (a) Any sale or transfer to a person who would be 11 included within the table of descent and distribution if the 12 park owner were to die intestate. 13 (b) Any transfer by gift, devise, or operation of law. 14 (c) Any transfer by a corporation to an affiliate. As 15 used herein, the term "affiliate" means any shareholder of the 16 transferring corporation; any corporation or entity owned or 17 controlled, directly or indirectly, by the transferring 18 corporation; or any other corporation or entity owned or 19 controlled, directly or indirectly, by any shareholder of the 20 transferring corporation. 21 (d) Any transfer by a partnership to any of its 22 partners. 23 (e) Any conveyance of an interest in a mobile home 24 park incidental to the financing of such mobile home park. 25 (f) Any conveyance resulting from the foreclosure of a 26 mortgage, deed of trust, or other instrument encumbering a 27 mobile home park or any deed given in lieu of such 28 foreclosure. 29 (g) Any sale or transfer between or among joint 30 tenants or tenants in common owning a mobile home park. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3245 549-144-98 1 (h) Any exchange of a mobile home park for other real 2 property, whether or not such exchange also involves the 3 payment of cash or other boot. 4 (i) The purchase of a mobile home park by a 5 governmental entity under its powers of eminent domain. 6 Section 3. Paragraphs (a) and (b) of subsection (1) of 7 section 723.072, Florida Statutes, are amended to read: 8 723.072 Affidavit of compliance with statutory 9 requirements.-- 10 (1) A park owner may at any time record, in the 11 official records of the county where a mobile home park is 12 situated, an affidavit in which the park owner certifies that: 13 (a) With reference to an offer by him or her for the 14 sale of such park, he or she has complied with the provisions 15 of s. 723.071(1) and (2); 16 (b) With reference to an offer received by him or her 17 for the purchase of such park, or with reference to a 18 counteroffer which he or she intends to make, or has made, for 19 the sale of such park, he or she has complied with the 20 provisions of s. 723.071(1) and (2); 21 Section 4. Paragraph (b) of subsection (2) of section 22 723.078, Florida Statutes, is amended to read: 23 723.078 Bylaws of homeowners' associations.--In order 24 for a homeowners' association to exercise the rights provided 25 in s. 723.071, the bylaws of the association shall provide for 26 the following: 27 (2) The bylaws shall provide and, if they do not, 28 shall be deemed to include, the following provisions: 29 (b) A majority of the members shall constitute a 30 quorum unless the bylaws of the homeowners' association 31 provide that a lesser number of members constitutes a quorum. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3245 549-144-98 1 Decisions shall be made by a majority of members represented 2 at a meeting at which a quorum is present. In addition, 3 provision shall be made in the bylaws for definition and use 4 of proxy. Any proxy given shall be effective only for the 5 specific meeting for which originally given and any lawfully 6 adjourned meetings thereof. In no event shall any proxy be 7 valid for a period longer than 120 days after the date of the 8 first meeting for which it was given. Every proxy shall be 9 revocable at any time at the pleasure of the member executing 10 it. 11 Section 5. This act shall take effect October 1 of the 12 year in which enacted. 13 14 ***************************************** 15 HOUSE SUMMARY 16 Revises the provisions of the Florida Mobile Home Act to: 17 1. Revise the definition of the term "pass-through charge" for the purpose of specifying a mobile home park 18 owner's proportionate share of described costs. 2. Revise provisions relating to the sale of a 19 mobile home park with respect to a bona fide offer of purchase made to a mobile home park owner; provide for 20 rights of mobile home owners when such an offer of purchase includes other property or more than one mobile 21 home park; revise the definition of the term "affiliate." 3. Revise provisions with respect to bylaws of 22 homeowners' associations relating to the number of members which constitutes a quorum. 23 24 25 26 27 28 29 30 31 6