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JoeH15 (Florida)
Posts: 3
Posted:
I've been looking, but can't seem to find an answer that applies to an association for an RV park. THis is in Florida and all lots in the park are individually owned. The declaration states that rentals/leases are allowed. Current;y some people rent the lots themselves,some have the association management team do the rentals and some have outside agencies manage the rentals. The asscoation board is attempting to add a bylaw to only allow rentals to be performed by the associations management team , eliminating use of outside agencies and preventing owners from renting it themselves.

My questions/thoughts are:

1) since rentals are allowed in the declarations, with no stated restrictions, I would think that adding a bylaw would not be adequate to implement this change and that it instead would require an amendment to the declaration, which requires a 75% member approval. Thoughts ???

2) Does FS 718.110(13) apply to a RV park association ? If such, any change would not be retrocative. I can't seem to find clarification or cases that address this for an RV park association.

Thanks for your help !
GenoS (Florida)
Posts: 4,276
Posted:
Have a look at FS 723 "Florida Mobile Home Act" and see if it applies. It may not because it defines "mobile home" as something "not originally sold as a recreational vehicle". An RV park may be nothing more than a private campground, so I'm not sure. I doubt an RV park would fall under FS 718 as a condominium association, though.
JoeH15 (Florida)
Posts: 3
Posted:
In digging through the various documents, I see that the directors decided about 10 yrs ago to adhere, via by law, not declaration, to "reporting requirements" of FS 720. Don't know exactly what that means. I would think that RV lots ( no park models/structures alowed) would be more of a condo , e,g FS 718 due to the proximity of lots?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JoeH15 on 03/07/2018 2:26 PM
In digging through the various documents, I see that the directors decided about 10 yrs ago to adhere, via by law, not declaration, to "reporting requirements" of FS 720. Don't know exactly what that means. I would think that RV lots ( no park models/structures alowed) would be more of a condo , e,g FS 718 due to the proximity of lots?


FS 720 is for in essence LOTS which would be for example single family home lots or potentially your RV lots. That would make more sense than condo via FS 718 which would be building units with common walls.

LOL ... If my HOA for one minute thought they could tell me who could manage or rent MY personal property ... I would tell them BITE ME!
GenoS (Florida)
Posts: 4,276
Posted:
Joe, if all lots are individually owned (fee simple ownership?) who owns the rest of the property? Is it your association or is it some other entity?
JoeH15 (Florida)
Posts: 3
Posted:
Yes all lots are owned by individuals ( fee simple) and the common areas,roads,pool,etc are owned by the association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JanetB2 on 03/09/2018 3:25 AM
Posted By JoeH15 on 03/07/2018 2:26 PM
In digging through the various documents, I see that the directors decided about 10 yrs ago to adhere, via by law, not declaration, to "reporting requirements" of FS 720. Don't know exactly what that means. I would think that RV lots ( no park models/structures alowed) would be more of a condo , e,g FS 718 due to the proximity of lots?


FS 720 is for in essence LOTS which would be for example single family home lots or potentially your RV lots. That would make more sense than condo via FS 718 which would be building units with common walls.

LOL ... If my HOA for one minute thought they could tell me who could manage or rent MY personal property ... I would tell them BITE ME!

I believe Janet to be correct.

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