Resident-Owned Mobile Home Parks in Florida: Your Rights and Steps
Facing rising rents or uncertainty in your mobile home park? Many Florida residents are exploring park conversion to resident ownership. This process lets tenants collectively buy their community, gaining more control and stability over where they live. Understanding your rights, the legal steps involved, and available resources is crucial for making informed decisions.
What Is Resident Ownership of a Mobile Home Park?
Resident ownership means tenants of a mobile home park work together, usually forming a cooperative or homeowners' association, to purchase the land beneath their homes. This offers greater security, helps protect against rent increases, and gives residents a real say in park management.
Your Florida Rights When a Park Is Up for Sale
Under Florida law, if a mobile home park owner decides to sell the property, residents have specific rights to receive notice and to purchase the park themselves. These rights are outlined under Chapter 723 of the Florida Mobile Home Act[1].
- Right to Notice: The park owner must provide written notice to each homeowner and the homeowners' association (HOA) before selling.
- First Right of Refusal: The HOA typically has 45 days to decide if it wants to buy under the same terms as the owner’s offer from another buyer.
- HOAs must be properly registered under Florida law to exercise this right.
Key Official Forms and Notices
- Mobile Home Park Sale Notice (No official form number): This is a mandatory written notice from the park owner notifying all residents and the HOA of their intent to sell. Upon receipt, residents should immediately discuss next steps with their HOA or seek legal support. A sample letter template can be found through the Florida Department of Business & Professional Regulation (DBPR) Mobile Home Park Rights Guide.
- Homeowners' Association Purchase Response (No official form number): After receiving a sale notice, the HOA can submit a formal written response to the owner indicating whether they intend to pursue the purchase. Residents collaborate through meetings to decide and document their vote.
- If forming an HOA, you need to register with the Florida Division of Corporations (Sunbiz: Forming a Nonprofit). This online system guides you through filing Articles of Incorporation for a nonprofit HOA.
How Does the Resident Purchase Process Work?
The road to resident ownership can take time and careful coordination. Below is a quick summary before reviewing each step:
- Residents receive a sale notice from the park owner
- The HOA votes to pursue purchase
- The HOA arranges financing or partners with organizations to help raise funds
- Residents finalize the purchase and become owners
Step-by-Step Overview
- Check if your HOA is registered and able to negotiate. (If not, begin the process through Florida Sunbiz.)
- Meet as a community to review the purchase offer and vote.
- Submit a written response to the owner within the 45-day window if residents wish to pursue purchase.
- Explore funding options, such as cooperative loans or nonprofit partner support.
- Work with professionals (lawyers, accountants) during negotiations and due diligence.
- Close the purchase and transfer the property to the resident-owned association.
Which Legal Bodies Handle Mobile Home Park Issues in Florida?
The main authority for mobile home park matters in Florida is the Florida Department of Business & Professional Regulation (DBPR), specifically the Mobile Home and Recreational Vehicle Section. They oversee park compliance, disputes, and resident protections. If a dispute arises, you may also involve Florida courts if negotiation fails.
Florida’s Key Legislation
The Florida Mobile Home Act (Chapter 723, Florida Statutes) governs resident rights, notification requirements, and the conversion process.
- How long do residents have to decide to buy their park?
Florida’s law gives the HOA (or a properly formed cooperative) 45 days to present an offer to the park owner after receiving the sale notice. - Do all residents have to agree to buy the park?
No, but a majority of HOA members must vote in favor. The HOA acts on behalf of residents, so participation and clear communication are essential. - What if residents can’t raise enough money?
If the residents’ group is unable to secure financing or raise the full purchase amount during the given window, the owner can proceed with a sale to another party under the original terms. - What are the benefits of converting to resident ownership?
Ownership gives residents greater control over community rules, protection from outside rent hikes, and can increase long-term housing stability. - Is legal help needed to convert a park?
While not required, professional legal and financial advice is highly recommended to navigate contracts and fundraising steps.
Need Help? Resources for Renters
- Florida DBPR: Mobile Home Park Resident Purchase Rights: Up-to-date guides and contact information
- DBPR Mobile Home & RV Section: For complaints and more information
- Florida Sunbiz: Register your Homeowners' Association or cooperative
- Florida Law Help: Mobile Home Rights: Legal resources and referrals
- Florida Housing Finance Corporation: For resident financing programs and support
- Florida Mobile Home Act (Chapter 723, Florida Statutes): Complete text here
- Florida Department of Business & Professional Regulation (DBPR): Official homepage
- Registering a Nonprofit HOA (Sunbiz): Start here
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