CopyCited 10 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 568, 1988 Fla. LEXIS 1034, 1988 WL 97919
...Grievance Committee (L.C.) is a Florida not-for-profit corporation that was organized in 1975 to represent the interests of mobile home owners in the park. Lanca Homeowners (Lanca) is a Florida not-for-profit corporation that was organized in 1985 as "the homeowners association," pursuant to section 723.075, Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 18456
...Mobile home park owners are subject to unique requirements impairing the unfettered alienation of their realty. Section
723.071 provides in its pertinent parts that: (1)(a) If a mobile home park owner offers a mobile home park for sale, he shall notify the officers of the homeowners' association created pursuant to ss.
723.075-723.079 of his offer, stating the price and the terms and conditions of sale. (b) The mobile home owners, by and through the association defined in s.
723.075 shall have the right to purchase the park, provided the home owners meet the price and terms and conditions of the mobile home park owner by executing a contract with the park owner within 45 days, unless agreed to otherwise, from the date of mailing of the notice and provided they have complied with ss.
723.075-723.079....
...e homeowners' association that he has received an offer and disclose the price and material terms and conditions upon which he would consider selling the park and consider any offer made by the homeowners provided the home owners have complied with ss. 723.075-723.079....
...ion of its ability "to exercise the rights provided in s.
723.071 ... shall be a corporation ... 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." §
723.075, Fla. Stat. (1983). The association's entitlement to pre-sale notice is further conditioned upon its compliance with sections
723.075-723.079....
...r, the Association would not acquire a right of first refusal. In resolving this one issue, we need not reach the questions of whether the Association enjoyed a two-thirds membership at the time of the sale, had at that moment complied with sections
723.075-723.079, or whether Britt and Brate enjoyed an exemption from section
723.071(1) by reason of section
723.071(4)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 1360, 2005 WL 292265
...Stat. (2003). The condominium association generally has insurance to protect itself from claims. See §
718.111(11), Fla. Stat. (2003). By contrast, only two-thirds of the mobile homeowners in a park must join a mobile homeowners' association. See §
723.075, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 7081, 2006 WL 1235912
...has obtained the written consent of a majority of the homeowners, we affirm. In its motion for summary judgment, Anerican Land Lease challenged the status of Sun Valley Homeowners as a homeowners’ association established under the requirements of section 723.075....
...The circuit court ruled that American Land Lease was entitled to summary judg *261 ment on both grounds. In view of our conclusion that the trial court correctly granted the summary judgment- on the basis of Sun Valley Homeowners’ failure to comply with section
723.037(1), we will not address the challenge based on section
723.075....
CopyPublished | Court of Appeals for the Eleventh Circuit
...lations of the Florida Mobile Home Act, Fla. Stat. §
723.001 et seq.
Under that count, the homeowners’ association reiterated that it
was authorized to file the action in its “representative capacity un-
der Rule 1.222 of the Florida Rules of Civil Procedure and Section[]
723.075” of the Florida Statutes....
CopyPublished | Court of Appeals for the Eleventh Circuit
...lations of the Florida Mobile Home Act, Fla. Stat. §
723.001 et seq.
Under that count, the homeowners’ association reiterated that it
was authorized to file the action in its “representative capacity un-
der Rule 1.222 of the Florida Rules of Civil Procedure and Section[]
723.075” of the Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 53649
...refusal to purchase the park. Finally, NEHA seeks to enforce a statutory right of first refusal pursuant to section
723.071(1)(b), Florida Statutes (1997). That statute states that "[t]he mobile home owners, by and through the association defined in s.
723.075, shall have the right to purchase the park." Id....
...Thus, the statute does not give individual mobile home owners a right of first refusal. That right must be exercised through an association. As a matter of law, the association cannot be an informal group of individuals and must be a corporation. See § 723.075....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 2550, 2008 WL 465573
...fusal to purchase the park. Finally, NEHA seeks to enforce a statutory right of first refusal pursuant to section
723.071(1)(b), Florida Statutes (1997). That statute states that “[t]he mobile home owners, by and through the association defined in s.
723.075, shall have the right to purchase the park.” Id....
...Thus, the statute does not give individual mobile home owners a right of first refusal. That right must be exercised through an association. As a matter of law, the association cannot be an informal group of individuals and must be a corporation. See § 723.075....
