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. |