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DebiH (Florida)
Posts: 3
Posted:
I am living in a mobile home park that has no dues for the HOA. You are automatically a member if you want to be or not. My question is, can you not be a member of the HOA if you choose? If so, what do you have to do to resign your membership?
SkunT (Ohio)
Posts: 73
Posted:
If it's in your Contract and you signed, the only way out of it is to get 100% lot owners to end it but it'll still live to it's expiration date or you can move to get out of it, long as their not a lease involved.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Debi,

The applicable law, as I understand it, for FL mobile home parks is the Florida Mobile Home Act, FL 723. Unfortunately, I simply haven't studied that statute to offer an informed opinion on how the laws apply.

Typically, there are mandatory and voluntary Associations. If you are in a mandatory association, you became a member when you purchased the property and will remain a member until you sell the property. Your governing documents should specify if membership is mandatory or not.

Hope this helps,

Tim
RM5 (Florida)
Posts: 41
Posted:
Quote:
Posted By DebiH on 02/02/2015 5:47 PM
I am living in a mobile home park that has no dues for the HOA. You are automatically a member if you want to be or not. My question is, can you not be a member of the HOA if you choose? If so, what do you have to do to resign your membership?

When was the Association first Incorporated?
If the CC&Rs have expired there may be a way out.
Check out the postings on this cite dealing with that issue.
Subject: FL Covenant Expiration MRTA
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/149433/view/topic/Default.aspx
There's a mobile home park (sort of) in Central Fl going through that right now.

Its not simply choosing not to be a member.
If you read through the threads it might answer your question and raise some others you might not have thought of.

Never know, maybe you have something in common with what's going on there.
DebiH (Florida)
Posts: 3
Posted:
The BY-LAWS and Standard Rules were adopted in May of 1986.
I will go and checkout the site you have given me. I sure hope I can find a way not to be part of this HOA. They are not following their own by-laws or some of the state laws and I don't want anything to do with these kind of people. I'm just looking for a legal way to not be responsible or associated with this kind of practice.
Thank you for you help, I'll keep reading...thanks again
RM5 (Florida)
Posts: 41
Posted:
How does the Association operate?
By that I mean do you own the parcel your unit is located on?
Do you own the unit?
Are there common grounds and facilities?
What did you mean when you said "I am living in a mobile home park that has no dues for the HOA"
Don't you have maintenance fees and assessments?
Is it an HOA or a Mobile Home Park?

RM5 (Florida)
Posts: 41
Posted:
Quote:
Posted By DebiH on 02/02/2015 9:36 PM
The BY-LAWS and Standard Rules were adopted in May of 1986.
I will go and checkout the site you have given me. I sure hope I can find a way not to be part of this HOA. They are not following their own by-laws or some of the state laws and I don't want anything to do with these kind of people. I'm just looking for a legal way to not be responsible or associated with this kind of practice.
Thank you for you help, I'll keep reading...thanks again

Debi,

Here's a better place to start reading about MRTA.
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/A8A8DA7514A6718885256FF10060DF88
Unfortunately, not yet sure if and how it applies to a Mobile Home Park,
Or if it will be any help to you and your situation.
DebiH (Florida)
Posts: 3
Posted:
The mobile home park I live in has a HOA. The park is not owned by the HOA, it's owned by a very large corp. There are no HOA membership dues in this park. The HOA makes it's money by having fun raisers and events. I own my mobile home but lease the land from the corp. The corp maintains the park common areas and p rovides lawn serve along with water and garbage pickup. In my lease with the corp it doesn't state anything about the HOA or having to be a member. After moving into the park I was given the by-laws from the HOA and told I was a member. I have no membership card and have not signed anything to belong to this HOA. This booklet was not given to me by a HOA board member but by the welcome wagon lady here in the park. All she said is to read it and come to the meetings the first Wed of each month if I wanted to. I did go to meetings and also became part of the board for a short time last year. Do the some health issues in the family I resigned. This year the board that was placed has decided that they are going to do thing their way and just vote things in without a proper vote from the residents. Ex: The corp told the HOA they needed insurance because they handle money and provide beer, ect., or BYOB at events. The corp. will not be liable for any accidents that happen after one of the HOA gatherings. The HOA went and got an attorney, signed a contract, and paid him a retainer fee without a vote from the members. In our by-laws it states anything over $50.00 for an attorney or large ideas being purchased has to be voted on at a regular monthly meeting before moving into a contract or purchasing the idea. They just went a head and did it anyway without the vote. So they said they would vote on it this coming Wed. What good is that going to do?, they already paid the man and are going ahead with a lawsuit against the corp.
This thing is just a mess and there are a few of us that want nothing to do with the HOA or the law suit. That is why we are trying to find a way to get out of this HOA.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I doubt that there are many people on this board who are familiar with your situation as a renter being part of an HOA. Since there are no dues, how does the board intend to pay for an attorney? Are they going to assess the members?

If you're not paying anything and the HOA is not imposing any rules on you, then I'm not sure what the concern is. If they do bill you, then ask what authority they have to force you to be an HOA member and/or collect dues/assessments. For most people here, there is a deed restriction attached to their property. This is a contract that one automatically becomes a party to by buying the property. In typical HOAs, renters aren't members and any HOA fees are paid by the owner, any enforcement is against the owner.

Assuming there is nothing in your lease requiring membership, I'm hard pressed to see how it could be required.

Escaped former treasurer and director of a self managed association.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Unfortunately you acknowledged your membership in the (probably) voluntary HOA by serving on its' Board of Directors.

I would try sending a Certified Mail, Return Receipt Requested letter to BOTH the Park Owners and the HOA resigning my membership.

... see what happens ...
JohnB26 (South Carolina)
Posts: 1,001
Posted:
ps.

many 'voluntary' HOAs are like 'roach motels'

easy in with no exit

JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Debi:

Welcome to the forum.

Sounds like you are possibly a Mobile Home Lot Tenancy under Chapter 723 as Tim noted above. I would recommend reading the statute to see if items required have been followed. The blue text Tim posted above was a link to the FL statute which can be clicked or if you prefer here is one you can copy and paste in your browser:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0723/0723ContentsIndex.html&StatuteYear=2014&Title=%2D%3E2014%2D%3EChapter%20723

We never know exactly how computer savvy some who post questions ... so wanted to make sure you were aware of the link to review your State Statutes if desired. Same as Tim I am not very familiar with this setup and have only briefly glanced at these statutes a couple of times. We rarely have questions from individuals regarding these tenancies and from what I have read from various states, FL is about the only one I can think of who has this type setup.

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