Florida Statute 723.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 723.071

Total Results: 6

Ell-Cap/Diversified 75 Naples Estates v. Naples Estates Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-22T00:00:00-08:00

Citation: 975 So. 2d 577, 2008 Fla. App. LEXIS 2550, 2008 WL 465573

Snippet: statutory right of first refusal pursuant to section 723.071(1)(b), Florida Statutes (1997). That statute states

ell-cap/naples Estates v. Naples Homeowners Ass'n.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-03T23:53:00-08:00

Citation: 993 So. 2d 1009

Snippet: statutory right of first refusal pursuant to section 723.071(1)(b), Florida Statutes (1997). That statute states

Harris v. Martin Regency, Ltd.

Court: Fla. | Date Filed: 1991-01-16T23:53:00-08:00

Citation: 576 So. 2d 1294

Snippet: owner has evaded section 723.071(1), Florida Statutes (1985). Yet, section 723.071(1) only provides that … [3] Section 723.071 of the Florida Statutes (1985) provides in relevant part: 723.071 Sale of mobile…event the owner puts the park up for sale. See § 723.071(1), Fla. Stat.[3] That section requires a mobile…park owner to evade the requirements of section 723.071(1). Let us assume for the sake of argument that…the park. Allowing park owners to evade section 723.071(1) would be inconsistent with clear legislative

Brate v. Chulavista Mobile Home Park Owners Ass'n, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-27T23:53:00-08:00

Citation: 559 So. 2d 1190

Snippet: ; § 723.071(1)(a), Fla. Stat. (1983). The term "offer" as it is used in section 723.071(1)(a…enjoyed an exemption from section 723.071(1) by reason of section 723.071(4). Our review of the record compels…1) of section 723.071, Florida Statutes (1983). As we have noted above, section 723.071(3)(b) defines …the right of first refusal prescribed in section 723.071(1)(b), Florida Statutes (1983). Following a nonjury…unfettered alienation of their realty. Section 723.071 provides in its pertinent parts that: (1)(a) If

Harris v. Martin Regency, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-04T00:00:00-07:00

Citation: 550 So. 2d 1160, 14 Fla. L. Weekly 2352, 1989 Fla. App. LEXIS 5423, 1989 WL 113874

Snippet: intended to circumvent the requirements of section 723.071, Florida Statutes (1985), which mandate that a

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-04-14T00:53:00-07:00

Snippet: .063, F.S.); sale of the mobile home park (ss. 723.071,723.072, 723.073, 723.074, F.S.); homeowners'