property renters vs. park owners

Our Park has 400+ mobile homes of which 65 are home owned/property rented. We have recently formed our own association under Fl. 723 and are being met with total opposition from the owners and their board members. They stated we must have our own HOA insurance and I can't find a site for this. Can someone help me?

Cindy,

You may already have this info, but if not:

FL 723 - MOBILE HOME PARK LOT TENANCIES

Are you incorporated? If you are corporate laws will also apply.

Generally, an Association is a separate entity in the eyes of the law. As an entity, they should protect themselves just as individuals do. In addition to insurance to cover board members the Association should consider insurance to cover common areas and liability (if someone is hurt on the common areas).

I also agree with Glen. If the person knows where it says you need insurance, ask them for the info so you can make sure you get the right kind.

Tim

From what I can read, Mary is at the crux of the matter. This group of owners that rent their property has no authority to form a separate entity.

If my evaluation proves correct and you documents don't address what you want to do (form a new separate association) you should do what you should have done all along. Help the Board formulate a association rental policy that can represent the owners that own property and rent it. As far as a group of renters getting together and forming any kind of governing entity within the association, I can't see it happening. You certainly can serve as an advisory group to the Board but you are not owners of property and have no vested interest. Also, Mary is right, it is hard to know what you are asking, who you represent and why you want to do whatever it is you want to do. Also, if this group of renters has anything that they feel is detrimental to them selectively, they should force their landlords to approach the Board as a representative of the association. It is not a Board responsibility to manage the rental property for the owners of those that rent property. But there may be issues that are addressed in your documents that address rental property, and precedence has probably been established in some instances. It sounds as if the rental concerns of property has been allowed to evolve to a point that someone is unhappy.

Tim,

That's what I thought too; just want to be sure.

Steve,

All well and good, however the OP stated the renters formed their own assn under FL723. What they don't seem to understand is that, as renters, they have no authority to form an HOA. Here is the applicable excerpt from FL723:

"723.075 Homeowners' associations.--

(1) In order to exercise the rights provided in s. 723.071, the mobile home owners shall form an association in compliance with this section and ss. 723.077, 723.078, and 723.079, which shall be a corporation for profit or not for profit and 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. Upon such consent by two-thirds of the mobile home owners, all consenting mobile home owners in the park and their successors shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, and such restrictions as may be properly promulgated pursuant thereto. The association shall have no member or shareholder who is not a bona fide owner of a mobile home located in the park. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of the mobile home owners in all matters relating to this chapter."

The fact that the board members of the "real" HOA are only concerned with them having their own liab ins tells me they don't even know this group has no authority to form their own HOA. IMO, liability ins is a moot point -- this assn shouldn't even exist -- period.

If this group of renters is having problems with how the HOA is being run, they need to discuss them with their individual property owners, who, in turn, can take it up with the BOD. Forming their own HOA is not the answer to their problems -- whatever they are.

Robert,

Everything is spelled out in the statute -- the rights and obligations of the park owner, the mobile home owners and the assn. One thing of note is that, unlike an HOA where the assn and/or its members own the common areas and amenities, in a mobile home park these are owned by the mobile home park owner. The assn has a right to purchase the mobile home park which is also spelled out in the statute.

Although not spelled out in statute (at least I didn't see it!), the rights and obligations of the mobile home owners should be passed on to any renters.