Residents Association
Under Florida Statute Chapter 723, individual mobile home park residents cannot negotiate rent hikes, service reductions, or rule changes alone. Instead, residents must take action collectively by forming a proper association or committee to be officially recognized for negotiations.
This is the only regulated and legally necessary aspect of a residents assocaition. Social elements and activites should be handled seperately, each with its own committee and finance.
RENT INCREASE
Overview
When the park wants to raise rent or change the rules, and if we have a registered association it should go something like:
- The park gives official written notice to all residents.
- The negotiation team automatically begins the negotiation process, requesting justification and a meeting date.
What the park owner must disclose (§ 723.037(4)(b))
- All material factors that led to the rent increase, including:
- Itemized breakdown of cost increases (and any decreases in other costs)
- How these factors justify the specific proposed change
If the increase is based on comparisons to nearby parks, they must provide in writing (on or before the meeting):
- Name and address of each comparable park
- Lot rent amount charged there
- Relevant details on facilities, services, and amenities used in the comparison
The Negotiation
- The team prepares a formal response, which may include objections, proposed alternatives, or calls for mediation.
- If the park refuses to cooperate, mediation or legal action may be pursued (723.038).
This is a legal structure that can work—but only if residents participate and support the process.
About the Negotiation Team
We are allowed a team of up to 5 members to represent us in negotiations with the landlord. This team should be residents without legal or financial connections to the park owners. Ideally, they have a background or interest in contract negotiation, land use, or similar skills.
- Must be incorporated as a Florida not-for-profit corporation.
- Must represent at least a majority of homeowners.
- May negotiate only within the scope of lot rent, services, and park rules.
- Does not control the park or enforce local ordinances.
- This team is not leadership they are negotiators. Cannot function as a full governance body like an HOA in a traditional subdivision.
More details on the team’s makeup and authority can be found in Chapter 723.075 of the Florida Statutes.
Resident Voting & Input
Every major decision—especially those involving negotiation strategy, leadership, or formal responses to the park—should come from a clear process of resident input. The law does not mandate exact procedures, but we can set them ourselves in our bylaws or organizing documents. Common practices include:
- Public nomination and voting for negotiation team members.
- Community meetings before and after receiving notices from the park. For quick updates/
- Collecting feedback, questions, and concerns in writing; through flyers, surveys, online or door-to-door outreach.
- Transparent and accessable minutes, updates
- Accessable and reliable methods of community input/voting before decisions are finalized.
This group does not have decision making power they cannot move without community consent. Most of the work is preperation and more than the 5 team members can help. Only the negotiations are limited, this team is not leadership they are negotiators. Meetings are expedient ways to get information out they are not reliable for voting or passing information. To ensure the full community is getting the information and protection everything must be documented formally no public votes.
Rent, Rule & Land Use Protections
Chapter 723 gives us collective protections as a community:
- Advance Notice of Rent Increases: Park owners must give 90 days’ written notice before any rent hike.
- Land Use Changes: Any plan to close, rezone, or change the use of the park must come with 6 months’ notice. (723.071)
- Right of First Refusal: If the owner decides to sell the park, residents have a legal right to make a purchase offer before outside buyers are accepted. (723.071)
- Transparency Required: If rent is increased or rules change, justification and supporting documentation must be provided upon request.
Key Documents & Links
Forming or Rebuilding the Association
The negotiation team must be part of a recognized association. A residents' association becomes legally recognized when it is formed according to the rules in Chapter 723.075 and registered with the Florida Department of Agriculture and Consumer Services.
Once registered, the park owner is required to notify us of any major changes—such as rent increases or changes in park use—at least 6 months in advance and provide written justification. Rebuilding this team gives residents collective power in a system that favors ownership by default.
NON ASSOCIATION LEGAL CONCERNS
Eviction, Complaints, and Disputes
Individual residents also have protections
- Evictions: The park can only evict for specific legal reasons outlined in 723.061 — such as nonpayment, rule violations, or change in land use. They must follow strict procedures.
- Home Sales: You have the right to sell your mobile home in place. The park may not interfere without lawful cause (723.059).
- Dispute Resolution: If you have a grievance, you can file with the Florida Department of Agriculture & Consumer Services. Mediation or legal review is also an option.
Association Role: While the team cannot intervene in personal matters, it should track evictions and other individual concerns as well as any titles owned by the park for patterns of abuse, market manipulation, etc. This is relevent to comparitive rates of other parks and can greatly impact unit pricing.