CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The Division argues persuasively that Hobe was required by §
723.011(2) Florida Statutes (1985) to distribute its prospectus to tenants upon execution of the rental agreement or at the time of occupancy, whichever occurs first. Likewise the Division persuasively points to §
723.059(3) Rights of Purchaser, Florida Statutes (1985) to support its claim that a purchaser of a mobile home has a right to assume the remainder of any rental agreement in effect between the mobile home park owner and the seller and shall be entitled to rely on the terms and conditions of the prospectus ......
...ribution was an error resulting from a misunderstanding of the law. We find these assertions irrelevant in light of the fact that by attempting to alter the prospectus which would affect mobile homeowners already in occupancy, Hobe was contradicting § 723.059, Florida Statutes cited above without obtaining the consents of the homeowners pursuant to Rule 7D-31.01(5), Florida Administrative Code....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 2278011, 2013 Fla. App. LEXIS 8358
...ffective date of the increase. Paragraph E of the Prospectus, under the same section and heading, addresses “Additional Considerations” and provides, in relevant part: Tenants assuming the remaining portion of a rental agreement as prescribed by § 723.059(3), F.S., are hereby notified that upon the expiration of the assumed rental agreement, the Park Owner expressly reserves the right to increase lot rental amount in an amount deemed appropriate by the Park Owner with such increase being im...
...it is presented to prospective purchasers of existing homes, must, at a minimum, in order to comply with the full and fair disclosure requirements set forth in Chapter 723, Florida Statutes, clearly inform [Ms. Cashin] of her rights under Fla. Stat. 723.059 and choice to enter into a lot rental agreement on the terms and conditions consistent with her Seller’s prospectus....
...Cashin has no independent rights under the Prospectus. Her rights are provided by the Act and the Lifetime Lease. Thus, one of the questions before us is whether the Act requires Tara Woods, as the mobile home park owner, to “clearly inform” a resale home buyer of her rights under section 723.059 of the Act. As a statutory basis for her lawsuit, Ms. Cashin relies on section 723.059(3). Section 723.059, titled “Rights of purchaser,” defines the rights of a resale purchaser within a mobile home park: (3) The purchaser of a mobile home who becomes a resident of the mobile home park in accordance with this section has the right to...
...in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the initial offering circular or prospectus and this act. § 723.059(3), (4). In the final judgment, the circuit court interpreted section 723.059 not as a statute delineating Ms. Cashin’s rights but as a statute imposing duties upon Tara Woods. In doing so, the court read section 723.059 as requiring Tara Woods to (1) “clearly inform [Ms. Cashin] of her rights under Fla. Stat. 723.059 and her prospectus”; (2) “provide her with a copy of the optional lease she had the right to elect to enter into”; and (3) inform Ms....
...obligations are not part of the Act but are creations of the circuit court. Both parties agree that Ms. Cashin exercised her right to assume the remaining term of her Seller’s rental agreement and all rights provided thereunder, in accordance with section 723.059(3). They also agree that pursuant to section 723.059(4), Ms....
...Cashin had a right to be informed of any rental increase prior to her occupancy. That is, Tara Woods had a duty to disclose any rental increase to Ms. Cashin prior to her occupancy. Additionally, any disclosed rent increase was required to be imposed “in a manner consistent with” the Prospectus. § 723.059(4)....
...Cashin as part of its statutory duties pursuant to the Act. See §
723.011(l)(d) (tasking the Department with approving amendments to prospectuses and their attachments); §
723.012(14) (requiring lease agreements to be attached to prospectuses). Thus, Ms. Cashin’s rights under section
723.059, as applicable to the facts of this case, were the right to assume the remaining term of her Seller’s lease and rights thereunder and the right to rely on the terms of her Seller’s prospectus....
...723.014(1) (“If a prospectus ... was not provided to the prospective lessee prior to execution of the lot rental agreement ... the rental agreement is voidable by the lessee until 15 days after the receipt by the lessee of the prospectus.... ”). Section 723.059(3) states only that a resale home buyer “shall be entitled to rely on the terms and conditions of the [seller’s] prospectus”; it imposes no affirmative duty upon the mobile home park owner. Section 723.059(4) imposes a disclosure obligation on the mobile home park owner as to increases in rent and requires that an increase conform with the manner prescribed in the seller’s prospectus....
...It does not impose an affirmative duty to provide the resale home buyer with the seller’s prospectus. The second duty imposed by the court is to provide Ms. Cashin with a copy of the optional lease she had the right to elect to enter into. Nothing in the Act supports this reading of section 723.059....
...Police Dep’t.,
934 So.2d 1162, 1164-65 (Fla.2006). Here it is obvious that the legislature understands the differences between rights and obligations; section
723.022 defines the mobile home park owner’s general obligations and sections
723.054,
723.055, and
723.059 define various rights of the mobile home owner....
...400 West Madison Corp.,
401 So.2d 1145, 1146 (Fla. 4th DCA 1981)). “[The] alleged inability to understand the Agreement does not vitiate her assent to that Agreement in the absence of some evidence that she was prevented from knowing its contents.” Rocky Creek,
19 So.3d at 1108-09 . Citing section
723.059(8), Ms....
...ement,” Tara Woods reserved the right to increase rent “with such increase being imposed in the manner disclosed in the Prospectus delivered to the initial recipient.” Although the Prospectus does not indicate it, this language is a quote from section 723.059(4). As a result, Ms. Cashin was put on notice that any rent increase subsequent to the expiration of her Rental Assumption Agreement would be made in a manner consistent with the terms of the Prospectus. And nothing in sections 723.059(3) or (4) requires a verbal explanation of the resale buyer’s rights....
...Therefore, the circuit court’s conclusion that “the right to rely on her Seller’s prospectus” was not disclosed to Ms. Cash-in is in error. This error is compounded by the court’s conclusion that Ms. Cashin did not voluntarily consent to the terms of the Lifetime Lease and waive her right under section 723.059(3)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 7251, 2008 WL 2149630
...eferenced provisions compel us to conclude that the leases in question do not contain clear and unequivocal language reflecting an intention to create a perpetual lease. The lessees contend that the authorization of automatically renewable leases in section 723.059(5), Florida Statutes (2005), [3] reflects a legislative intent to treat mobile *1205 home park leases differently than other leases....
...NOTES [1] The alleged perpetual leases were identified below as the leases of Hobbs, Elkins, Maxson, Brothers, Ernest, Reuter, Lucille Miller, Snavely, Lightbody and Pierce. [2] Miren International does not challenge the trial court's determination that the leases were enforceable as life-time leases. [3] Chapter 723.059. Mobile home park lot tenancies. 723.059 Rights of purchaser....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 5696, 2000 WL 569806
...e lease agreement of the previous tenants as prescribed by statute and those previous tenants would have been entitled to be members of the class had they continued to reside in the Community. Our conclusion is supported by the following portions of section 723.059, Florida Statutes (1997): 723.059 Rights of purchaser.— [[Image here]] (3)....
...to his or her occupancy and is imposed in a manner consistent with the initial offering circular or prospectus and this act. One who buys a mobile home from a seller obtains the rights that the seller had in a lease in existence at the time of sale. § 723.059(3), Fla. Stat. (1997). The rights continue until such time as the park owner imposes an increase in rent after compliance with subsection 723.059(4)....
...6 mobile home owners, under leases containing the challenged rent increases, should be entitled to recovery (should the Association prevail) for rental increases they paid until the time of the imposition of an increase in rent in compliance with subsection 723.059(4)....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 13020, 2003 WL 22023570
...isting homeowners each year for the years 2001, 2002, and 2003. Paragraph 3 *757 of the agreement provided: “The rent limitations expressed herein are personal to existing residents and may not be assumed by resale purchasers except as provided in section 723.059(3) F.S.” In relevant part, section 723.059(3), Florida Statutes (2000), provides: The purchaser of a mobile home who becomes a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect between the mobile home park owner and the seller....
...The dispute below turned on the construction of paragraph 3 and the manner in which it applied to resale purchasers. The Owner argued that the mediation agreement specifically excluded resale purchasers from the benefits of the agreement except as to the resale purchaser’s statutory right under section 723.059(3) to assume the remainder of the seller’s rental agreement until its year end on December 31....
