RIGHTS TO FIRST REFUSAL-FS723.071 AND FS723.083

[Florida32934]

HELP!
Our wonderful community is about to lose the right to first refusal. There are two homeowners associations, two prospectus and both boards are pushing to merge both associations to make it ONE.

We understand that the attorney of record said it can be done but we would lose our rights under the above-named Statutes. The Dept.of Business and Professional Regulations has a "DECLARATORY STATEMENT" as follows:

According to a declaratory statement given by the DPBR in 1999. A
mobile home park Strawberry Ridge wanted to represent two parks –
themselves and Strawberry Ridge south. The owner of the Park - Community
Investments asked for an opinion as to whether the two parks would still
have protection under Florida Statue 723. The opinion of the DPBR
(Department of Business and Professional Regulation) felt that the two
parks would be entitled to all of the protections of 723 except “land
use” (right of first refusal). The reason being that if one HOA
represents more than one park, only members of that park are bona fide
members and are able to exercise the right of first refusal.

According to the FMO (Florida Manufactured Homeowners Assn.) magazine, this is an important statute that was created to protect us if the park is sold. Also, they have two proposed bills in the legislature SB 1016 and HB 513 that will enhance our protection.

We have been notified by previous board members that both associations are presently properly registered with the clerk of the courts and that if we merge we will lose this protection and any protection in the future.

Also, if our park is no longer protected under this law, could our property values be affected.

WE NEED CLARIFICATION - SHOULD WE RELINQUISH THIS PROTECTION OR SHOULD WE DO EVERYTHING WITHIN OUR POWER TO KEEP IT?

THANK YOU

[David Oxhandler]

Florida has long been a leader in protecting the rights of homeowners in land-lease communities. The right of first refusal can be an indispensable tool to protect your home investment, and your way of life.

We are not lawyers and this issue seems to be serious enough that you should seek professional advice. My immediate reaction is that you should not do anything that might compromise your rights as homeowners.

I am not clear if there are 2 parks involved or are there 2 associations in one park? Either way, is there any reason that the groups can not meet and act together on joint projects while retaining their individual identities, and so maintain the associations' unique position's under Florida state law?

[Florida32934]

Thank you for your input.

We are one park but two associations.

Historically, we have conducted joint Board of Directors, Rent Negotiations and etc. for many years.

We had been told for years "act together but stay separate that we would be opening a can of worms". Well, here is the can of worms; lose our constitutional rights under Florida law.

Both boards seem to miss the fact that they have a fiduciary responsibility to protect our rights.

[Florida32934]

If our park is no longer protected under this law, could our property values be affected?

[David Oxhandler]

If I was in the market for a home, in a park, and knew that park residents had waived homeowner rights, which could lead to me having to relocate that home, I doubt that I would be interested in buying at any price.

What is the upside of this pending decision?

[Celtlund]

David, my wife and I have rented a MF home in two parks. We have owned two MF homes in two parks. We now own a MF home on our own property and would never live in a park again because of problems like this person and many others are having. If you live in a park you may own your own home, but you don't own the land it is on and have little control over what they can do to you. We never had a bad experience living in a park but I see the nightmares we could have had by reading posts like this on this forum. I realize not everyone has a choice, but the bottom line is to do your research, then do it again before you enter into any contract in an MF park.

[David Oxhandler]

Celtlund -

The advantages of owning the land under your home are numerous. I own the land under mine. Yet, different lifestyles require a variety of situations.

A home in a park is a unique type investment. There are down sides to owning in a park but there are also many benefits. There are lifestyles that are enhanced by owning a home on leasing the land.

The best article I have read on this subject is in our archive, See Private Property or a Land-Lease Community? by Chrissy Jackson

[hadenoughsnow]

AM about to purchase in a landlease situation. Propspectus says need approval in writing in order to sublet home. Nothing is forthcoming from American Land Lease other than their policy, which specifically states you need written permission. Anyone with similar experiences? Deal breaker?

[rmurray]

You have to decide if it is a deal breaker..You have to decide if park approval of your future rental tenants is a policy you can not live with..I understand the parks reason for this policy..They would be at least as rigorous approving your tenants as they are approving you to move in..Many parks do not allow rental of units in their park unless they own the unit..