Florida Statute 723.075 | 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. 723.075

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.

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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 Citing Statute 723.075

Total Results: 13

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-10T00:53:00-07:00

Snippet: the association as their representative. See §§ 723.075(1) ("Upon incorporation and service of the

Allstate Insurance Co. v. Jenkins

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-19T00:00:00-07:00

Citation: 32 So. 3d 163

Snippet: Jenkins attorney's fees in the amount of $200,723.75. However, the court ruled that, pursuant to the

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

Snippet: , by and through the association defined in s. 723.075, shall have the right to purchase the park.” Id…of individuals and must be a corporation. See § 723.075. NEHA’s second amended complaint seeks to enforce

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: , by and through the association defined in s. 723.075, shall have the right to purchase the park."…of individuals and must be a corporation. See § 723.075. NEHA's second amended complaint seeks to enforce

Sun Valley Homeowners, Inc. v. American Land Lease, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-10T00:00:00-07:00

Citation: 927 So. 2d 259

Snippet: established under the requirements of section 723.075. The motion also challenged Sun Valley Homeowners…will not address the challenge based on section 723.075. Before discussing the requirement set forth in

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-08T23:53:00-08:00

Citation: 893 So. 2d 620

Snippet: join a mobile homeowners' association. See § 723.075, Fla. Stat. (2003). A mobile homeowners' association

PALM PT. PROPERTY OWNERS' v. Pisarski

Court: Fla. | Date Filed: 1993-10-21T00:53:00-07:00

Citation: 626 So. 2d 195

Snippet: Stat. (Supp. 1976) (condominium associations); §§ 723.075, .076, .077, .078, .079, Fla. Stat. (1985) (mobile

Brazilian Court Hotel Condominium Owners Ass'n, Inc. v. Walker

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-07T00:53:00-07:00

Citation: 584 So. 2d 609

Snippet: or homeowners' association as defined in s. 723.075 which operates the units subject to the assessment

Harris v. Martin Regency, Ltd.

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

Citation: 576 So. 2d 1294

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: homeowners' association created pursuant to ss. 723.075-723.079 of his offer, stating the price and the…, by and through the association defined in s. 723.075 shall have the right to purchase the park, provided…notice and provided they have complied with ss. 723.075-723.079. If a contract between the park owner and…provided the home owners have complied with ss. 723.075-723.079. The park owner shall be under no obligation…writing, to become members or shareholders." § 723.075, Fla. Stat. (1983). The association's entitlement

Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd.

Court: Fla. | Date Filed: 1988-09-22T00:53:00-07:00

Citation: 541 So. 2d 1121

Snippet: homeowners association," pursuant to section 723.075, Florida Statutes (1985). Three-hundred and forty-four

Ago

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

Snippet: 723.074, F.S.); homeowners' associations (ss.723.075, 723.076, F.S. [1986 Supp.], 723.077, 723.078,

State Ex Rel. Garrett v. Whitehurst

Court: Fla. | Date Filed: 1936-02-06T00:00:00-08:00

Citation: 165 So. 691, 122 Fla. 484

Snippet: reversing Worthen Co. v. Delinquent Lands,189 Ark. 723, 75 S.W.2d 62. Compare: Continental Illinois Nat. Bank