The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

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F.S. 723.071

723.071 Sale of mobile home parks.—

(1)(a) If a mobile home park owner offers a mobile home park for sale, she or he shall notify the officers of the homeowners’ association created pursuant to ss. 723.075-723.079 of the offer, stating the price and the terms and conditions of sale.

(b) The mobile home owners, by and through the association defined in s. 723.075, shall have the right to purchase the park, provided the home owners meet the price and terms and conditions of the mobile home park owner by executing a contract with the park owner within 45 days, unless agreed to otherwise, from the date of mailing of the notice and provided they have complied with ss. 723.075-723.079. If a contract between the park owner and the association is not executed within such 45-day period, then, unless the park owner thereafter elects to offer the park at a price lower than the price specified in her or his notice to the officers of the homeowners’ association, the park owner has no further obligations under this subsection, and her or his only obligation shall be as set forth in subsection (2).

(c) If the park owner thereafter elects to offer the park at a price lower than the price specified in her or his notice to the home owners, the home owners, by and through the association, will have an additional 10 days to meet the price and terms and conditions of the park owner by executing a contract.

(2) If a mobile home park owner receives a bona fide offer to purchase the park that she or he intends to consider or make a counteroffer to, the park owner’s only obligation shall be to notify the officers of the homeowners’ association that she or he has received an offer and disclose the price and material terms and conditions upon which she or he would consider selling the park and consider any offer made by the home owners, provided the home owners have complied with ss. 723.075-723.079. The park owner shall be under no obligation to sell to the home owners or to interrupt or delay other negotiations and shall be free at any time to execute a contract for the sale of the park to a party or parties other than the home owners or the association.

(3)(a) As used in subsections (1) and (2), the term “notify” means the placing of a notice in the United States mail addressed to the officers of the homeowners’ association. Each such notice shall be deemed to have been given upon the deposit of the notice in the United States mail.

(b) As used in subsection (1), the term “offer” means any solicitation by the park owner to the general public.

(4) This section does not apply to:

(a) Any sale or transfer to a person who would be included within the table of descent and distribution if the park owner were to die intestate.

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

(c) Any transfer by a corporation to an affiliate. As used herein, the term “affiliate” means any shareholder of the transferring corporation; any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the transferring corporation.

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

(e) Any conveyance of an interest in a mobile home park incidental to the financing of such mobile home park.

(f) Any conveyance resulting from the foreclosure of a mortgage, deed of trust, or other instrument encumbering a mobile home park or any deed given in lieu of such foreclosure.

(g) Any sale or transfer between or among joint tenants or tenants in common owning a mobile home park.

(h) Any exchange of a mobile home park for other real property, whether or not such exchange also involves the payment of cash or other boot.

(i) The purchase of a mobile home park by a governmental entity under its powers of eminent domain.

History.—s. 1, ch. 84-80; s. 929, ch. 97-102.

F.S. 723.071 on Google Scholar

F.S. 723.071 on Casetext

Amendments to 723.071

Arrestable Offenses / Crimes under Fla. Stat. 723.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.071.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ELL- CAP DIVERSIFIED NAPLES ESTATES, n k a f k a MHC- MHC v. NAPLES ESTATES HOMEOWNERS ASSOCIATION, INC., 975 So. 2d 577 (Fla. Dist. Ct. App. 2008)

. . . Finally, NEHA seeks to enforce a statutory right of first refusal pursuant to section 723.071(1)(b), . . .

ELL- CAP DIVERSIFIED NAPLES ESTATES, n k a f k a MHC- MHC v. NAPLES ESTATES HOMEOWNERS ASSOCIATION, INC., 993 So. 2d 1009 (Fla. Dist. Ct. App. 2008)

. . . Finally, NEHA seeks to enforce a statutory right of first refusal pursuant to section 723.071(l)(b), . . .

HARRIS, v. MARTIN REGENCY, LTD., 576 So. 2d 1294 (Fla. 1991)

. . . See § 723.071(1), Fla.Stat. . . . Allowing park owners to evade section 723.071(1) would be inconsistent with clear legislative policy. . . . the purpose of the change in use is to sell the park property and evade the requirements of section 723.071 . . . Section 723.071 of the Florida Statutes (1985) provides in relevant part: 723.071 Sale of mobile home . . . "Offer” is defined in subsection 723.071(3)(b) as "any solicitation by the park owner to the general . . . premised upon the conclusion that by selling the property as vacant land the park owner has evaded section 723.071 . . . Yet, section 723.071(1) only provides that if the owner offers the mobile home park for sale, he shall . . . selling the property as vacant land, the owner is not seeking to “evade” the provisions of section 723.071 . . .

E. BRATE, Jr. A. v. CHULAVISTA MOBILE HOME PARK OWNERS ASSOCIATION, INC., 559 So. 2d 1190 (Fla. Dist. Ct. App. 1990)

. . . because Britt and Brate did not offer the Association the right of first refusal prescribed in section 723.071 . . . Section 723.071 provides in its pertinent parts that: (l)(a) If a mobile home park owner offers a mobile . . . The term “offer” as it is used in section 723.071(l)(a) and defined in section 723.071(3)(b) means “any . . . The association, as a condition of its ability “to exercise the rights provided in s. 723.071 ... shall . . . (1) by reason of section 723.071(4). . . .

HARRIS, Sr. v. MARTIN REGENCY, LTD. a, 550 So. 2d 1160 (Fla. Dist. Ct. App. 1989)

. . . Appellants claim appellee intended to circumvent the requirements of section 723.071, Florida Statutes . . .

JOHNSON v. BRANNON, 23 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1987)

. . . BRANNON, was the offeror of the mobile home park for sale under Section 723.071(l)(a); (b), Fla. . . . The Court construes Section 723.071(2), Fla. . . . BRANNON, offered the mobile home park for sale within the meaning and intent of Section 723.071(a)(a) . . . BRANNON, offered the mobile home park for sale and was required as a condition precedent under Section 723.071 . . .

VILLAGE GREEN FEDERATION UNIT, INC. v. FLORIDA ATLANTIC ASSOCIATES,, 18 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1986)

. . . Florida Statute 723.071, deals with the sale of mobile home parks by the mobile home park owners. . . .