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Florida Statute 723.075 | Lawyer Caselaw & Research
F.S. 723.075 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 723.075

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 723
MOBILE HOME PARK LOT TENANCIES
View Entire Chapter
F.S. 723.075
723.075 Homeowners’ associations.
(1) In order to exercise the rights of a homeowners’ association as provided in this chapter, the mobile home owners shall form an association in compliance with this section and ss. 723.077, 723.078, and 723.079, which shall be a corporation for profit or not for profit and of which not less than two-thirds of all of the mobile home owners within the park shall have consented, in writing, to become members or shareholders. Upon incorporation of the association, all consenting mobile home owners in the park may become members or shareholders. The term “member” or “shareholder” means a mobile home owner who consents to be bound by the articles of incorporation, bylaws, and policies of the incorporated homeowners’ association. The association may not have a member or shareholder who is not a bona fide owner of a mobile home located in the park. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of all the mobile home owners in all matters relating to this chapter, regardless of whether the homeowner is a member of the association.
(2) It is the intent of the Legislature that any homeowners’ association properly created pursuant to chapter 715 prior to the effective date of this act be deemed an association created pursuant to the provisions of this section and have all rights and powers granted under this section and ss. 723.077 and 723.079. Any inconsistency in the provisions of the charter of such previously created homeowners’ association shall be deemed amended to conform herewith.
(3) Notwithstanding subsection (1), if a portion of the park contains concrete block homes occupying lots under 99-year leases, those homeowners may be part of the association and may serve on the board of directors of the association based on the percentage of lots containing concrete block homes to the total number of mobile home lots in the park.
History.s. 1, ch. 84-80; s. 2, ch. 2008-45; s. 4, ch. 2016-169.

F.S. 723.075 on Google Scholar

F.S. 723.075 on Casetext

Amendments to 723.075


Arrestable Offenses / Crimes under Fla. Stat. 723.075
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.075.



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)

. . . That statute states that “[t]he mobile home owners, by and through the association defined in s. 723.075 . . . See § 723.075. NEHA’s second amended complaint seeks to enforce these rights of first refusal. . . .

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)

. . . That statute states that “[t]he mobile home owners, by and through the association defined in s. 723.075 . . . See § 723.075. NEHA’s second amended complaint seeks to enforce these rights of first refusal. . . .

SUN VALLEY HOMEOWNERS, INC. a v. AMERICAN LAND LEASE, INC. a L. P. a, 927 So. 2d 259 (Fla. Dist. Ct. App. 2006)

. . . of Sun Valley Homeowners as a homeowners’ association established under the requirements of section 723.075 . . . Homeowners’ failure to comply with section 723.037(1), we will not address the challenge based on section 723.075 . . .

AMBER GLADES, INC. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP P S, 893 So. 2d 620 (Fla. Dist. Ct. App. 2005)

. . . See § 723.075, Fla. Stat. (2003). . . .

BRAZILIAN COURT HOTEL CONDOMINIUM OWNERS ASSOCIATION, INC. FSB, v. E. WALKER, C. J., 584 So. 2d 609 (Fla. Dist. Ct. App. 1991)

. . . or the condominium association, cooperative association, or homeowners’ association as defined in s. 723.075 . . .

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

. . . park for sale, he shall notify the officers of the homeowners’ association created pursuant to ss. 723.075 . . . (b) The mobile home owners, by and through the association defined in s. 723.075, shall have the right . . . agreed to otherwise, from the date of mailing of the notice and provided they have complied with ss. 723.075 . . .

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

. . . park for sale, he shall notify the officers of the homeowners’ association created pursuant to ss. 723.075 . . . agreed to otherwise, from the date of mailing of the notice and provided they have complied with ss. 723.075 . . . park and consider any offer made by the homeowners provided the home owners have complied with ss. 723.075 . . . home owners within the park shall have consented, in writing, to become members or shareholders.” § 723.075 . . . enjoyed a two-thirds membership at the time of the sale, had at that moment complied with sections 723.075 . . .

GEHMAN, v. GRAVIS,, 39 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1990)

. . . . §§ 723.037, 723.038, & 723.075 (1984 Supp.), to permit the Association or a majority of the tenants . . .

LANCA HOMEOWNERS, INC. v. LANTANA CASCADE OF PALM BEACH, LTD., 541 So. 2d 1121 (Fla. 1988)

. . . not-for-profit corporation that was organized in 1985 as “the homeowners association,” pursuant to section 723.075 . . .