61B-32.004. Meeting Between Park Owner and Homeowners' Committee

(1) The park owner or subdivision developer shall make and maintain a written record of the reasons for the increase in lot rental amount or reduction in services or utilities or changes to rules and regulations as applicable, which shall be as specific as the explanation required by subsection 61B-32.004(2), F.A.C., and which shall be retained for a period of 3 years.

(2) At the meeting required by Section 723.037(4), F.S., the park owner or subdivision developer shall in good faith disclose and explain all material factors resulting in the decision to increase lot rental amount, reduce services or utilities, or change rules and regulations, including how those factors justify the specific change proposed. The park owner or subdivision developer may not limit the discussion of the reasons for the change to generalities only, such as, but not limited to, increases in operational costs, changes in economic conditions, or rents charged by comparable mobile home parks. For example, if the reason for an increase in lot rental amount is an increase in operational costs, the park owner must disclose the item or items which have increased, the amount of the increase, any similar item or items which have decreased and the amount of the decrease. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose the name, address, lot rental amount and any other relevant factors concerning the mobile home parks relied upon by the park owner.

(3) If an agreement is reached between the committee and the park owner or subdivision developer, the terms of the agreement shall be stated in writing and signed by the committee and the park owner or subdivision developer.

(4) If an agreement is not reached in the meeting, the homeowners’ committee may petition the division to initiate mediation by mailing or delivering the following items to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 within 30 days after the meeting required by Section 723.037(4), F.S.:

(a) A completed BPR form 34-001, PETITION FOR MEDIATION BY HOMEOWNERS, incorporated herein by reference and effective 1-19-97, which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030; and,

(b) A copy of the written designation required by Section 723.037(5), F.S., which shall include lot identification for each signature; and

(c) A copy of the notice or notices of lot rental increase, reduction in services or utilities, or change in rules and regulations which is being challenged as unreasonable; and,

(d) A copy of the records which verify the selection of the homeowner’s committee in accordance with Rule 61B-32.003, F.A.C., and Section 723.037(4), F.S.

(5)(a) Mediation will not be initiated pursuant to Section 723.037(5)(a), F.S., if the following items are not mailed or delivered to the division within 30 days after the date of the meeting required by Section 723.037(4), F.S.:

1. Completed BPR form 34-001; and,

2. A copy of the written designation required by paragraph (4)(b) of this rule and Section 723.037(5), F.S.

(b) A petition that does not include the items identified in paragraphs (4)(c) and (d) of this rule or the lot identification required by paragraph (4)(b) of this rule shall be considered deficient. The division will notify the committee in writing of the deficiency. The committee shall have 14 days after the date of the notice to mail or deliver to the Division corrections of the deficiencies. If the deficiency corrections are not mailed or delivered within 14 days after the date of the notice, mediation will not be initiated pursuant to Section 723.037(5)(a), F.S. A petition will be considered received pursuant to Section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.

(6) If the homeowners’ committee petitions for mediation, a copy of the four items required by subsection (4) of this rule shall be furnished to the park owner by Certified U. S. Mail, Return Receipt Requested, at the time the petition is filed with the Division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.

(7) A decision by the Division regarding the sufficiency of a petition to initiate mediation does not constitute an adjudication of any issue arising under Section 723.037, F.S. Any dispute concerning the applicability of Section 723.037(6), F.S., must be submitted to a court of competent jurisdiction in the event that judicial proceedings are initiated.

(8) The park owner may petition the division to initiate mediation by mailing or delivering the following items to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, within 30 days after the date of the meeting required by Section 723.037(4), F.S.:

(a) A completed BPR form 34-002, PETITION FOR MEDIATION BY PARK OWNER, incorporated herein by reference and effective 1-19-97, and which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030; and,

(b) A copy of the notice or notices of the lot rental increase, reduction in services or utilities, or change in the rules and regulations identifying the issue for mediation.

(9) Mediation will not be initiated pursuant to Section 723.037(5)(a), F.S., if a completed BPR Form 34-002, PETITION FOR MEDIATION BY PARK OWNER, is not mailed or delivered to the division within 30 days after the date of the meeting required by Section 723.037(4), F.S.

(10) A petition that does not include the items identified in paragraph (8)(b) of this rule shall be considered deficient. The division will notify the park owner in writing of the deficiency. The park owner shall have 14 days after the date of the notice to mail or deliver to the division corrections of any deficiency. If the deficiency corrections are not mailed or delivered to the division within 14 days after the date of the notice, mediation will not be initiated pursuant to Section 723.037(5)(a), F.S. A petition will be considered received pursuant to Section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.

(11) If the park owner petitions for mediation, a copy of the two items required by subsection (8) of this rule shall be furnished by the park owner to the homeowners’ committee by Certified U.S. Mail, Return Receipt Requested, at the time the petition is filed with the division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.

Rulemaking Authority 723.006(7) FS. Law Implemented 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.04, Amended 8-2-87, 10-13-87, 10-2-90, Formerly 7D-32.004, Amended 8-31-94, 11-15-95, 1-19-97.