The 2023 Florida Statutes (including Special Session C)
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. . . The trial court ruled that section 723.037 applied. . . . See § 723.037. . . . . § 723.037(1). . . . . § 723.037(4)(a). . . . See § 723.037(6). . . .
. . . granted the summary judgment- on the basis of Sun Valley Homeowners’ failure to comply with section 723.037 . . . Before discussing the requirement set forth in section 723.037(1) and its application to this case, we . . . The Standing Requirement of Section 723.037(1) Section 723.037 deals with the resolution of disputes . . . The statute also sets forth the process for the initiation of formal mediation. § 723.037(5). . . . Section 723.037(1) does two things. . . .
. . . Stat. § 723.037(1). . . . Rule 7D-32.002(1), a rule interpreting § 723.037(1). Menna, supra, at 899. . . . See § 723.037(4), (5); § 723.038; § 723.0381. . . . The court disagreed finding the park owner had satisfied the purpose of § 723.037(1). . . . Stat. § 723.037(1). Accordingly, it is hereby ORDERED: 1. . . .
. . . See § 723.037(1), Fla. Stat. (2003). . . . not enforce this statute because the dispute over the mediation agreement was not covered by section 723.037 . . . Section 723.037(1) requires written authorizations to commence mediation. . . .
. . . five-member committee that was designated by a majority of the homeowners in accordance with section 723.037 . . . action because the Association did not comply with the statutory prerequisite, set forth in section 723.037 . . . We agree that the Owner’s standing argument founded on section 723.037 has no merit. . . . Section 723.037, Florida Statutes (2001), addresses challenges to lot rental increases and provides in . . . Therefore, section 723.037(1) does not control our resolution of the standing issue. . . .
. . . park owner, finding that the park owner had failed to comply with the notice requirement of section 723.037 . . . to prepare the notice of rental increases in compliance with the requirements set forth in section 723.037 . . . existence at the time the class action suit was tried that the notice requirements contained in section 723.037 . . . failed to raise for our consideration the issue of whether the trial court properly construed section 723.037 . . . See § 723.037(1), Fla. . . .
. . . On September 20, 1996, pursuant to section 723.037(1), Florida Statutes (1995), of the Florida Mobile . . . services provided by the Owner, it fully complied with the ninety-day notice requirement of section 723.037 . . . Association and the Owner met to discuss the change and entered into mediation, as provided for in section 723.037 . . . Based on Hobe and the fact that the purpose of section 723.037 was accomplished, we reverse the trial . . . Section 723.037(1), Florida Statutes (1995), provides in pertinent part: (1) A park owner shall give . . .
. . . After mediation pursuant to sections 723.037 and .038 reached an impasse, the Association filed this . . .
. . . rent”, and while section 723.003(10) includes such charges as “pass through charges”, under section 723.037 . . .
. . . The owner contends that under section 723.037(1) she is required to send the board of directors of the . . . Section 723.037(1) provides in pertinent part: A park owner shall give written notice to each affected . . . When section 723.037 was initially enacted, subsection (1) required a park owner to give written notice . . . Code, governing Notice of Lot Rental Increase under section 723.037. . . . We decline to disregard the clear legislative direction of section 723.037(1) which provides that the . . .
. . . Section 723.037, Florida Statutes, sets forth the prescribed procedure for effecting lot rental increases . . . See § 723.037, Florida Statutes (1987). . . . Third, we conclude that section 723.037 does not permit the park owner to amend the prospectus to reduce . . . Rather, section 723.037 is a procedural notice provision which must be read in pari materia with the . . . Pursuant to section 723.037, Herrick was authorized to assess a rent increase and increase in charges . . .
. . . See, e.g., §§ 723.031(7) and 723.037(4)(a). . . . For example, section 723.037 provides that if, after informal mediation about lot rental increases, there . . .
. . . . §§ 723.037, 723.038, & 723.075 (1984 Supp.), to permit the Association or a majority of the tenants . . .
. . . increase which was met by the homeowners’ request for mediation of the dispute in accordance with section 723.037 . . . in writing that a rental increase is “unreasonable” there is a right to mediation or arbitration. § 723.037 . . . The provisions covering rental increases, formerly chapter 720.202, now 723.037, became law October 1 . . .
. . . The parties have mediated the lot rental increases for 1985, 1986, and 1987, pursuant to Sections 723.037 . . .
. . . 1985), attorney’s fees are specifically available to “the prevailing party”: Except as provided in s. 723.037 . . . Section 723.037(6) provides that upon proper request, a party shall not be entitled to attorney’s fees . . .
. . . (Section 723.037(1), Florida Statutes (1985) requires 90 days notice). . . . The 1986 legislature directly addressed this issue when it modified subsection 2 of section 723.037, . . . Section 723.037 Lot Rental Increases: (2) Notice as required by this section shall only be required to . . . The provisions of subsection (2) of section 723.037, Florida Statutes, as created by this act, are intended . . .
. . . Section 723.037, Florida Statutes, which governs actual lot rental increase proposals, contains the 90 . . . According to Section 723.037(2), once the written notice is given by the park owner, a committee or a . . . According to Section 723.037(5), no dispute regarding lot rental increases, reduction in services or . . . lot rental increases, reduction in services or utilities, or changes in rules or regulations (Section 723.037 . . . noncompliance with the Act, and rental increases or reduction of services remain subject to Section 723.037 . . . According to Section 723.037(2), Florida Statutes, once the written notice is given by the park owner . . .