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When the park owner wants to sell

 
Published Aug. 14, 1999|Updated Sept. 29, 2005

In 1995, Ridge Haven Mobile Home Park, a 65-space senior community, was located on U.S. 19 in Clearwater. The community no longer exists because the use of the property was changed from a mobile home community to commercial real estate.

This scenario can happen anywhere in the state where, typically, an older, smaller community, once surrounded by orange groves and bordered by a two-lane road, 20 years later finds that the groves are gone, the road has developed into a four- or six-lane highway and commercial businesses are squeezing its boundaries. The property becomes much more profitable as commercial real estate than as a residential community.

Often, the residents of these communities are elderly, don't understand their rights and are scared about their future. It's a traumatic experience that can unnerve even the most confident individuals.

When a park owner wants to sell a manufactured home community and do something else with the property, it is called a "change in land use" under Florida Statute 723. The park owner has the right to change the use of the property, but he must give the residents a one-year notice to leave.

The statute also addresses compensation for the homeowners in this situation. In 1994, this portion of the statute was ruled unconstitutional by the 1st District Court of Appeal and is now rarely enforced.

What can homeowners do? First, F.S. 723.061 outlines that the statement of eviction must be in writing, posted on the premises and sent to every homeowner by certified or registered mail. A park owner cannot simply say he is changing the use of the land; he must give written notice. It's surprising how many park owners do not realize they have to mail the eviction notice. If the park owner fails to provide this notice, the residents should file a complaint with the state Department of Business and Professional Regulation.

Second, once the notice is received, the residents can make an offer to buy the park themselves, thereby keeping the property a residential community. Depending on the circumstances, this may not be possible, but if it is, it is worth the effort.

Third, even if the residents cannot buy the community, they can voice their concerns. A change in land use requires a change in the city or county land-use plan. The park owner must apply to all applicable planning and zoning boards for the change. The board examines the proposed change and makes a recommendation to the city or county. At each step of the review process, the homeowners have an opportunity to voice their objections.

In addition, F.S. 723.083 states that no local county or state government can take any official action regarding the removal of homeowners residing in a mobile home community without first determining if there are other communities or suitable facilities in the area to which these residents can move. This portion of the statute needs to be brought to the attention of the officials reviewing the request for change, as it will require that they investigate and determine whether other facilities exist.

Sometimes the park owner or potential buyer wants to develop the property quickly. On many occasions, the new developer provides financial assistance to residents so that the project continues on schedule. That's what happened at Ridge Haven. Compensation can ease the pain of moving.

Homeowners should face the facts when they see commercial development encroaching on their park. Make a regular offer to buy the park. The owner may never sell, but he may say yes.

If buying the park is out of the question, residents need to take quick action if they receive notice of a change in land use and should try to negotiate with the owner or new developer for financial compensation. These notices often come unexpectedly. By noticing the changes going on in the immediate neighborhood, homeowners can anticipate what might happen and plan for it.

Send questions to Charity Cicardo c/o Federation of Manufactured Home Owners, P.O. Box 5350, Largo, FL 33779-5350. The FMO maintains a Web site at http://www.fmo.org.