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FMOnews
September/October 2013
The Official Publication of the Federation of Manufactured Home Owners of Florida, Inc.
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Volume 50, Number 1
FMO NEWS
Official publication of the Fed­er­a­tion
of Manufactured Home Owners of Florida
Editorial
Publisher The Federation
of Manufactured
Home Owners, Inc.
Editor Jennifer Tobin
Advertising Sales Joyce Stanton
Account Executive (727) 530-7539
The FMO News (ISSN 0274-9882; USPS 356-320) is pub­
lished bi-monthly by the Federation of Manufactured
Home Owners of Flor­i­da, Inc., 4020 Portsmouth
Road, Largo, FL 33771-3318; phone: (727) 530-7539.
FMO Website: www.fmo.org. Periodicals Post­a ge
Paid at Largo, FL, and at ad­di­tion­al mail­ing of­fic­es.
POSTMASTER: Please send change of address notices
to FMO News, P.O. Box 5350, Largo, FL 33779-5350.
Opin­ions ex­pressed in articles are not nec­es­sar­i­ly those of the
FMO or its publisher. Mem­ber­ship in the Federation of
Manufactured Home Own­ers of Flor­id
­ a, Inc., is $22
(U.S.) an­nu­al­ly or $55 (U.S.) for a three-year membership and in­cludes the FMO News sub­scrip­tion (one
copy per home). Forty cents of every membership is
al­lo­cat­ed to the pub­lish­ing of the FMO News. Back
is­sues of the FMO News can be obtained for $1.88
per issue, if available, by writing to the above address.
©2013 Federation of Manufactured Home Own­ers of
Florida, Inc.
The Federation of Manufactured Home Owners (FMO)
News is the official publication of the Federation of
Manufactured Home Own­ers of Flor­i­da, Inc.—a statewide or­ga­ni­za­tion—and is in no way affiliated with or
subsidized by any mobile home manufac­turer, deal­er,
park or in­dus­try association.
Ac­cep­tance of ad­ver­tis­ing by the FMO News does not con­sti­
tute an en­dorse­ment by the FMO. A Preferred Pro­vid­er logo
signifies a special FMO benefit the or­
ga­
ni­
za­
tion has
con­tract­ed with the com­pa­ny.
Federation of Manufactured Home
Owners of Florida
4020 Portsmouth Rd., Largo, FL 33771
Phone: (727) 530-7539
Fax: (727) 535-9427
Website: www.fmo.org
FMO Administrative Staff
Executive Director
Sara Monaco
[email protected]
Administrative Assistant
Jane Clapp
[email protected]
Member Services
Manager
Beth Pankow
[email protected]
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FMO
News
FMO News
Editor
Art/Production Director
Jennifer Tobin
[email protected]
Account Executive
Joyce Stanton
[email protected]
Broward/Dade County
Polk/Hillsborough/Pasco
Palm Beach/Martin/st lucie/
Highlands/okeechobee/polk
County
Polk/Pinellas/Hillsborough/
Pasco/manatee/sarasota/lee/
charlotte/highland/orange/
Okeechobee/palm beach/lake/
martin/marion/brevard county
Dillon Insurance Agency, Inc.
6884 Taft Street, Hollywood, FL 33024
(954) 961-0503
N. Broward (954) 973-7443
Dade (305) 261-7963
Toll-free (866)-961-0503
Gallo Insurance Agency, Inc.
4360 Northlake Blvd. S #214
Palm Beach Gardens, FL 33410
(561) 694-6666 or 888-591-8666
www.galloagency.com
Pinellas/pasco/Hillsborough
Manatee/sarasota/POLK/
CHARLOTTE/LEE/COLLER COUNTY
Coverage Available Statewide (except in Dade & Monroe)
AUTO INSURANCE QUOTES AVAILABLE
Security Life and Casualty
3750-5th Avenue N., St. Petersburg, FL 33713
Pinellas/Pasco/Hillsborough
(727) 327-7616
Manatee (941) 746-2836
Sarasota (941) 365-1684
All Other Counties (800) 247-7133
www.slcinsurefl.com
Jack’s Insurance Agency, Inc.
4710 New Tampa Highway
Lakeland, FL 33815-3256
(863) 688-9271 or (863) 686-5034
or 800-732-0328
Fax: 863-683-8698
email: [email protected]
Smith & Thomas Insurance Agency, Inc.
115 Rogers Terrace., Lakeland, FL 33811
(863) 688-1141
www.smithandthomasinsurance.guideone.com
coverage available statewide
Bankers Alliance Insurance Group
10655 S. US Hwy 1
Port Saint Lucie, FL 34952
(800) 568-5163 or (772) 337-9787
or apply online at:
www.baigonline.com/mh
Call one of these
experienced
agencies!
Supplies
[email protected]
September/October 2013
Board Room
FMO STATE BOARD
President
by Charles Gallagher
State Board President
charles gallagher
4020 Portsmouth Rd.
Largo, FL 33771
E-mail: [email protected]
Vice-President
George dunn
(813) 774-9918
E-mail: [email protected]
How time flies! It seems like it was just yesterday the seasonal people were heading north, now it's time they will
be coming back. For those of you driving, please have a
safe trip!
In other parts of this magazine, you will see a lot of information on a new membership level. I would like to thank
George Dunn, our Vice President, for all the work he
did on this project. It is our hope that this will bring in
many more new members. As you will see, there are many
things this level of membership will bring to you.
We are putting the final touches on it now. We have many
different groups working on this. Professional Insurance
Systems of Florida, Inc. has been an advertiser and preferred provider for quite some time. We also have My
American Access and American Residential Warranty joining them on this endeavor. They will all work with our
district officers and staff to help improve our membership
numbers.
It is important that we push this program as it will help
with our membership. As you know, this is an area we
need to improve. Let's all get behind this program and
make it a big success!
Directors-at-Large
roy brewer
(772) 340-2587
E-mail: [email protected]
Fred Cole, jr.
(352) 236-5602
E-mail: [email protected]
Richard Twort
(386) 760-7140
E-mail: [email protected]
BILL WILLIAMS
(863) 679-8500
E-mail: [email protected]
Directors of Sections
Section I
OLIVER MARSTELLER
(813) 645-1224
E-mail: [email protected]
Section II
jack berg
(941) 776-3732
E-mail: [email protected]
Section III
TBA
Section IV
TBA
Section V
TBA
table of contents
Five-Zero Club............................................................................................6
HOA Honor Roll........................................................................................15
Premium Membership Info/Application................................................. 16-19
Understanding 55+ Status........................................................................21
Tie Down Program Update.........................................................................22
CPI Education..........................................................................................24
9 X 10.....................................................................................................27
FMO News
Section VI
TBA
Section VII
James Newman
(772)567-7116
E-mail: [email protected]
Section IX
TBA
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September/October 2011
District contacts
SECTION I - DISTRICTS 2, 10
SECTION II - DISTRICTS 5, 7, 8
District 2 (Pinellas County)
Herbert Bush - President
Phone: (727) 216-3158
E-mail: [email protected]
District 5 (Manatee)
Earl Dennis - President
Phone: (941) 524-0738
E-mail: [email protected]
District 10 (Hillsborough)
Robert Redhouse - President
Phone: (813) 645-8636
E-mail: [email protected]
District 7 (Charlotte, Lee, Collier, Hendry)
John Bowman - President
Phone: (708) 214-8142
E-mail: [email protected]
SECTION III - DISTRICTS 14, 16
District 8 (Sarasota)
William Greenaway - President
Phone: (941) 923-9788
E-mail: [email protected]
District 14
(Volusia, Flagler, Duval, St. Johns, Santa Rosa)
John Hoyt - President
Phone: (386) 322-7184
E-mail: [email protected]
District 16 (Seminole, Orange, Osceola)
Frederick Berry - President8
Phone: (407) 572-4591
E-mail: [email protected]
SECTION V - DISTRICTS 1, 6
District 1 (Polk)
David Carr - President
Phone: (863) 816-6925 FMO News
E-mail: [email protected]
SECTION IV - DISTRICTS 12, 12A
District 12 (Broward, Dade, Monroe)
Richard Thomas - President
Phone: (954) 415-7836
E-mail: [email protected]
District 12A (Martin, Palm Beach)
TBA
SECTION VI - DISTRICTS 3, 13
District 3 (Lake)
John Petrella - President
Phone (352) 669-6936
E-mail: [email protected]
District 6 (De Soto, Glades, Hardee, High­lands)
Blanche Chafe - Vice President
Phone: (863) 314-9943
E-mail: [email protected]
Phone: E-mail: [email protected]
District 13 (Marion, Alachua, Putnam)
Robert Bull - President
Phone (352) 237-0877
E-mail: [email protected]
SECTION VII - DISTRICTS 4, 9
SECTION IX - DISTRICTS 11, 17
District 4 (Indian River, St. Lucie, Okeechobee, Martin)
James Newman - Section Director
Phone: (772) 567-7116
E-mail: [email protected]
District 9 (Brevard)
Sue Leahy - President
Phone: (321) 622-5437
E-mail: [email protected]
4­ FMO News
District 11 (Pasco – West of US 41, Hernando)
Ann La Fountain - President
Phone: (727) 869-1459
E-mail: [email protected]
District 17 (Pasco – East of US 41, Sumter, Citrus)
TBA
September/October 2013
FMO’s Homeowners Association Manual
Make sure your
HOA is prepared and
up-to-date on current topics.
FMO members
can order a manual
for $8 plus tax plus
shipping & handling.
Total $13.56
This “best-selling” guide is a must-have for every
member of a homeowners association in a manufactured/ mobile home community governed by F.S. 723.
Topics include:
• Incorporation
• Duties of each board member
• Finance
• Meetings with the park owner
• Preparing for Homeowners Association’s
annual meeting and much more.
Important forms included that can be copied and used!
Mail this order form & check payable to FMO to 4020 Portsmouth Rd., Largo, FL 33771. Please allow 2 weeks for delivery.
Quantity _________
Price ea. _________
Price ea. x Quantity _________
Total Cost _________
Please note: $13.56 includes shipping and
handling as well as sales tax. Picked up orders
will total $8.56 each with sales tax included
Name: ___________________________________________________________
Address: _________________________________________________________
______________________________________________________________
FMO Member number: ________________________
Community name:
Shipping & Handling charges are $5.00 per book.
The Florida Mobile Home Relocation Corporation
The Florida Mobile Home Relocation Trust Fund was created for the purpose of funding the administration and
operations of the Florida Mobile Home Relocation Corporation. The purpose of this private corporation is to make
payments to mobile home owners who are required to move due to a change in use of the land compromising
their mobile home park.These payments are designed to help offset the expense of the home owner’s cost of relocating.
Relocation is relocating the home to a new location within a 50-mile radius. Upon approval, a home owner is
entitled to actual moving expenses of relocating the mobile home up to $3,000 for a single-section home and up
to $6,000 for a multi-section home. In lieu of filing for relocation, a home owner may abandon the mobile home in
the park. The home owner must be able to deliver the current title to the park owner, duly endorsed by the owner
of record and valid releases of all liens shown on the title. The owner of a single-section will be eligible for $1,375
and the owner of a multisection will be eligible for $2,750 in abandonment money from the Corporation.
There are certain restrictions and payment caps imposed by the new law. Please contact The Florida Mobile Home
Relocation Corporation in one of the following ways:
Toll Free Telephone:
U.S. Mail:
1.888.862.7010
Florida Mobile Home
Relocation Corporation
Website:
P.O. Box 7848
w w w . f m h r c . o r g Clearwater, FL 33765
­­ FMO News
5
FMHRC Board Meetings
TO BE ANNOUNCED
visit website for meeting updates
5
FMO Honors the Park Representatives for Communities in the
50% Membership Club
Community
District
Park Rep
Member %
May Manor 1Veronica Fiorina94%
Bear Creek MHP
14
Mary Lou Allen
81%
Swiss Village1Steve George75%
Cypress Creek Village1Thomas Rusch74%
Emerald Lake MHP7Barbara Ann Atkinson69%
Colony Pointe MHP6Blanche Chafe69%
Oak Haven Park6Dave Bergman68%
The Arbors8Charles E. Hermann68%
Lake Pointe Village1Russell Hawkins 66%
Century 21 MHC7John A. Potito66%
Walden Shores1Dennis Dusseau 64%
Town & Country Mobile Estates 6
Wendy Caruso Johnson
64%
Cedar Cove8William A. Greenaway63%
Woodland Lakes1Lonnie L. Adams62%
Swiss Golf & Tennis Club1Donald Dodds61%
Sunshine MHP3Jerry L. Lyons59%
Sunlake Estates3N/A59%
Hickory Lake Estates1Margaret Dunlop58%
Shangri-La by the Lake3Linda J. McKenna58%
Vizcaya Lakes7Margaret Vento58%
Beacon Hill Colony1Richard Gebo57%
Honeyvine MHP2Robert G. Bennett57%
Arcadia Village6James L. Scott57%
Dunnellon Square
13
Donna L. Stalter
56%
Golf View Estates
12
Robert M. Muir
56%
Park East MH Club8James C. Diefenderfer55%
Four Lakes Golf Club
1
Kirk Miesmer
55%
Bahia Vista Estates8Norman Kauffman53%
Hidden Golf Club1Ronald Cooke53%
Sugar Creek MHP2Clement A. Rose51%
Riverbreeze Estates 10
Oliver Marsteller
50%
Beacon Terrace1James Houlihan50%
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September/October 2013
Herb's Corner
by Herb Bush, District 2 President
I hope everyone has enjoyed their summer. So far we have had lots of
rain, but no major storms.
It is with a heavy heart that I announce the passing of two District 2
board members; our treasurer, Jackie Phillips and fellow board member
Dean DeMarre. Both were tremendously dedicated to the FMO and spent
a good portion of their lives helping residents in other communities. They will be missed dearly.
It’s that time of year again where we receive our rent increase letters from management. Do all
of your committee members have copies of “Negotiating with Your Park Owner, The Law on
Delivery of Rent Increases, and Mediation Offers First Chance at Dispute?” If not, you can print
them out from the FMO website (www.fmo.org) once you log in. Just click on “resource materials”, find the information and print it. You can also call the FMO office to obtain copies. These
are strong tools to use when negotiating your rent increase. In your best interest, please do not
sign any agreement until your attorney has reviewed it.
FMO District 2 will now hold their meetings on the FIRST Friday of the month at 9:30. Please
make note of the change on your calendars. The change is to hopefully give our seasonal members a chance to attend the April meeting before leaving Florida for the summer.
At our meetings this year, there will be a free $10 gift certificate/card drawing for all FMO park
reps in attendance. You can earn an extra ticket for the monthly drawing for each new member
application turned in at the meeting. If you are not an FMO park rep, you will also get a ticket
for each new membership application you bring to the meeting.
How would you like a FREE dinner at Red Lobster, Olive Garden or Longhorn Steak House?
FMO District 2 is having a six month membership drive starting October 2013 and going thru
March 2014. For every NEW membership that you bring to the monthly meeting, you will be
given a ticket for the drawing to be held at the April 2014 monthly meeting. Two members will
win $50 gift certificates/cards. This contest is only for District 2 members.
If you haven’t already, check out our district website: http://fmodistricttwo.wix.com/fmo-d2#.
If your park does not have a park rep or you know someone that would be interested, please
either call me at 727-216-3158 or email me at: [email protected]. Also let me know if
your HOA board would like us to come to their monthly meeting for a presentation.
The FMO gives you a voice and a defense against those who would adversely affect your choice of living. We need you to support our efforts by attending meetings, obtaining new members and renewals
and registering to vote. The FMO cannot be your voice if we don’t know what it is you want us to say!
See you at the October meeting - Remember the First Friday Now!
FMO News
7
legal questions & answers
Have a legal question?
You can submit a question for FMO’s Legal Counsel’s
consideration in one of the following ways:
E-mail: [email protected]
Fax: (727) 535-9427
Mail: JOYCE at FMO
4020 Portsmouth Rd., Largo, FL 33771
by FMO Legal Counsel Diana Davis Basta
www.DavisBastaLaw.com
[Editor’s Note: If Diana Davis Basta directs you
to send more information to your legal counsel,
please, do not send it to the FMO office.]
CABLE TV/DISH TV?
Q: I am a resident owner in an ROC community in Port St
Lucie. I am writing concerning the co-op’s attempt to charge
me for cable TV, which I do not want because I have DISH
TV. When we purchased the park, cable was not part of
the maintenance cost, nor was it added to the 1st operating budget. At that time each resident purchased their own
Cable TV from the supplier. A short time later the co-op and
TV operation got together to make a contract each year for a
lesser rate if the co-op took charge of collecting the monthly
fee if a certain number of people signed up.
In 2009, there was a contract for 175 residents and the
co-op had 178 residents sign. They had more than they
needed so I was allowed to get out as my contract expired
on April 30, 2009. Each year a new contract was signed
with a different number needed, due to death and people
moving. I think the new contract is for 182 persons, even
though there are 189 units in our park. I am told the fee
that I am expected to pay is not due to needed money, but
because of one unit owner complaining that he couldn’t
get out because he was in the middle of a longer contract.
I don’t understand how the co-op can make this a common
expense, because it has nothing to do with the maintenance
of the park. I am a part-time resident and I carry my DISH
receiver back to Indiana which saves me money. We have no
way to bundle services if would we choose to.
Because the FMO News is a bi-monthly magazine,
it will take at least 2 1/2 months to have questions
answered and published in the magazine. If you
need an immediate answer, this is not
the place to turn. Deadline for November/
December 2013 is October 1st.
SORRY, THERE ARE NO MULTI-PART
QUESTIONS ANSWERED. PLEASE LIMIT
YOUR QUESTIONS TO ONE.
**PLEASE INCLUDE MEMBER # WITH ALL
SUBMISSIONS.
A: It seems like the main focus of your question is
whether the co-op can force you to pay for cable TV
as essentially a “maintenance fee.” If the charge is
for a service that the co-op bought for the benefit of
all shareholders, such as exterminator services, basic
cable TV service, or basic Internet service—in my opinion, those fees can be incorporated in the general
co-op budget, and be passed on to all shareholders as
part of the “common expenses” on a per share basis.
Section 719.107, Florida Statutes, addresses this situation. It states: a “duly franchised cable television
service obtained pursuant to a bulk contract…shall
be considered a common expense…” §719.107(b),
Fla. Stat. (2012). However, the contract “…may be
cancelled by a majority of the voting interests present
at the next regular or special meeting of the association.” Additionally, the contract is supposed to be for
a term of “not less than 2 years.” Thus, it is clear that
your association can charge you for cable TV service
even if you do not want it.
CAREGIVER AGREEMENT?
Q: Can a MHP supplement the state approved ‘Park Rules
and Regulation’ with a CAREGIVER AGREEMENT if it is not
approved by the State of Florida? Can this supplement
be held as confidential between park management and a
resident that is under hospice care that requires around the
clock care?
Can the park do this?
­8
What is the correct procedure for changing rules and regulations?
September/October 2013
legal questions & answers
A: I had not heard the term caregiver agreement
previously so I looked it up. The term “Caregiver
Agreement” is normally used to describe a “private”
contract entered into by an older person needing
care and a caregiver, where the caregiver agrees to
provide certain services in exchange for payment.
As such, I do not see how such an agreement could
become a part of the rules and regulations, and I
would need more facts to better answer your question. If the park owner is failing to enforce the rules,
you could file a lawsuit against the park owner for
lack of enforcement. Filing suit will in all likelihood
prompt the park owner to start enforcing the rules
and regulations, or to make the appropriate rule
changes.
Unlike the prospectus, the rules and regulations of
a mobile home park can be amended with 90 days
“written notice to each affected mobile home owner
and the board of directors of the homeowners’ association…” §723.037, Fla. Stat. (2012). The park owner
also has an obligation to meet with a committee “…
designated by a majority of the affected mobile home
owners or by the board of directors of the homeowners’ association…” to discuss the rule change “…within 30 days after receipt by the homeowners of the
notice of change…” §723.037(4)(a), Fla. Stat. (2012).
FAMILY MEMBERS PROXIES?
Q: The HOA board of directors of our rental community
just allowed a couple (cousins) that are renting a mobile
home in our park to join the membership of the HOA. The
HOA is governed by F.S.723. When a director of the board
was asked if these two people were in the membership his
answer was "technically yes". I asked for an explanation and
was told that the owner of the home has become a member
and therefore the two are his proxy; that they can do everything that owners in the membership can do except "vote".
Our current by-laws state: "must be home owners". I mentioned this to the director that they could make an "Associate
Membership" which would take care of this matter, but it
must be put in new by-laws. Can this be done?
A: Typically, all the members of the homeowners’
association must be owners of a home in the community. This is explicitly stated in section 723.075,
Florida Statutes, which states: “The association shall
have no member or shareholder who is not a bona
fide owner of a mobile home located in the park.”
Thus, it is clear that to be a member one must actually own a home in the park.
You also reference an “associate membership.” You
FMO News
do not state what privileges these “associate members” will be entitled to, but pursuant to Florida
Statutes they are unable to vote unless they are designated as a proxy by the owner. Typically a proxy is
someone that is given power to vote on the owner’s
behalf or in the owner’s absence. Section 723.078,
Florida Statutes requires that the bylaws define
“proxy” and explain how a proxy may be used; it also
states: “Any proxy given shall be effective only for the
specific meeting for which originally given and any
lawfully adjourned meetings thereof. In no event shall
any proxy be valid for a period longer than 120 days
after the date of the first meeting for which it was
given.” Under your circumstances, it may be possible
to amend the bylaws to create an “associate membership”—however, it will depend on what privileges are
provided.
HOA MINUTES NOT READ, APPROVED, ETC
Q: We live in a mobile home park where we lease our property. We have an established HOA. The board of directors
has had the same president for several years.
At our monthly meetings, the president asks for a motion to
suspend the reading of the minutes.
While the minutes are posted on the clubhouse bulletin
board, none have been authorized, approved, voted on etc.
or signed by the secretary for several years.
I raised the question - suspended minutes must be introduced at the next meeting or a later date if applicable to be
read and approved. I also stated that since our meetings are
monthly, the minutes MUST be read for approval at each
meeting according to Robert’s Rules of Order, revised.
In as much as the suspended minutes have not been
approved for a very long time, the HOA has no official record
that meetings were held, including the election of officers at
the Annual Meeting.
Your comments would be greatly appreciated.
A: Thank you for asking this question. The importance of good minutes cannot be understated.
Minutes are essential for summarizing business decisions and providing a historical record of HOA actions.
The HOA bylaws should provide the procedures for
keeping minutes. Although most bylaws defer to
Robert’s Rules of Order if the bylaws are silent on
an issue or there is a conflicting issue, some do not.
Typical bylaws state: “Robert’s Rules of Order shall
govern the conduct of corporation meetings when
­­9
legal questions & answers
not in conflict with the articles of incorporation or
bylaws.”
There are provisions in Robert’s Rules for “dispensing”
with the reading of the minutes, as well as provisions
regarding the reading and approval of the minutes—
refer to the section titled, “Minutes and Reports of
Officers.” RONR (10th ed.), p. 451-58. In addition
to the HOA bylaws, Florida Statutes impose certain
mandates as well. Section 617.1601, Florida Statutes,
requires nonprofit corporations to keep minutes of
all meetings of members and boards of directors.
Section 723.078(2)(e), Florida Statutes, also provides
that the bylaws of a HOA are deemed to include the
following provision if it is not already in the bylaws:
“Minutes of all meetings of members and of the
board of directors shall be kept in a businesslike manner and shall be available for inspection by members,
or their authorized representatives, and board members at reasonable times. The association shall retain
these minutes for a period of not less than 7 years.”
As long as the minutes are approved by an officer, it
seems fine to “suspend the reading” of the minutes. I
know of no obligation imposed by Florida law to actually read the past minutes at every meeting.
HOA REPRESENTS RESIDENTS?
Q: We are a very large FS 723 manufactured home community in SW Florida and we are a own your home and rent
your lot community. We are a properly formed and legally
incorporated HOA that has been in operation nearly 30 years
and we have a 16 member board plus our four officers. The
community operates under rules and regulations developed
by the management company and approved by our board
through our negotiating team. Our negotiating team also
negotiates rent and community services with the management company. Our board was advised by the management
company that they would no longer take resident complaints
or resident issues with the rules and regulations that are
brought to them by our board through our officers that
mainly being our President as the board spokesperson. Our
board interprets FS 723 as authority for our board to represent the residents to management. We specifically cite FS
723.075 (1) the final line states "the association shall become
the representative of the mobile home owners in all matters
relating to this chapter". Our board views this as meaning
rent, rules and regulations and services including representing questions of residents to management concerning these
areas. We also cite FS 723.078(I) that states:
“The officers and directors of the association have a fiduciary relationship to the members ". Our board views this as a
mandate to act in good faith and candor with a high degree
­ 0
1
of trust and confidence that is given to us by our residents.
We believe that questions brought directly to our board by
residents are the responsibility of the board to take them to
management for review and the taking of appropriate action
by management.
Isn’t our Board of Directors and Officers the representative of
the residents of our community as accorded by FS 723 ?
A: If I understand the question correctly, you are
asking whether the Board of Directors for the
Homeowners’ Association is obligated to present
questions/concerns of HOA members to the park
owner. While section 723.075(1), Florida Statutes,
does indicate that the HOA is the “representative” of
homeowners under “all” provisions of Chapter 723, I
interpret this section as providing the HOA a “right”
to act on behalf of the homeowners—not as imposing
an obligation. The basis for my interpretation stems
from the fact that under certain circumstances, a
HOA is forbidden to represent the homeowners unless
there is written consent from the homeowner. For
instance, section 723.037(2), Florida Statutes, states:
“The homeowners’ association shall have no standing
to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and
regulations unless a majority of the affected homeowners agree, in writing, to such representation.” To
determine what obligations your HOA has toward its
members, I suggest you refer to the HOA bylaws. If
the management company or park owner is refusing
to acknowledge or accept complaints, you should consult with an attorney to determine the best course of
action to remedy the cause of homeowner complaints.
PARK MANAGER LICENSED?
Q: I often read about decisions that the DBPR makes regarding rules and regulations in mobile home parks. In your July/
August 2013 issue you mention; "It does not have the power
or duty to enforce such created by park owner”.
After residing in this park for 20 years, I have yet to see any
decision the DBPR made that helped or settled any legal
situation brought on by our residents or HOA. One question
that continues to plague this community is our park manager. Even the DBPR refused to discuss or provide a definitive
answer regarding their qualifications per state statutes. Our
park manager does not have a license.
What actions can our HOA take against our park owner to
ensure our park manager is properly qualified and licensed?
We would like our manager’s name to be posted and hours
available.
September/October 2013
legal questions & answers
A: When you say “license,” I assume you are referring to a Community Association Manager (CAM)
license or real estate license. Although I hold both of
these licenses (currently inactive), it was difficult for
me to find a definitive answer as to the boundaries
required for licensure. The CAM license is a relatively
new Florida license that was faced with extinction a
few years back and, in my opinion, is just starting to
firmly place its roots.
A CAM license is required for individuals engaged
in management of community associations for
compensation; it typically involves activities such
as controlling or disbursing funds, preparing budgets, coordinating maintenance, etc. A real estate
license is required if an individual “attempts to rent
or lease real property of another for compensation.”
However, the DBPR website states that such licenses
are not required for a “salaried employee of an owner
of an apartment community working in an onsite
rental office.” Thus, because of the similar operations
involved in an apartment community and a mobile
home park, I do not believe a license is required if the
park manager is a salaried employee of the owner of
the mobile home park. If you have a complaint about
a possible “unlicensed” community association manager or real estate agent, you can contact the DBPR’s
unlicensed activity complaint hotline to initiate an
investigation.
LAUNDRY TREE
Last month, one of our readers asked the question
below about the right to use a “laundry tree” or
clothesline. In my answer (also below) I did not
point out another important statute that another
reader brought to my attention. This is a reprint
of the original question and answer, along with an
additional point.
Legal Ease July/August:
Q: Our park is an older rental 55+ community of approximately 300 homes. Most home owners have a laundry
washer and use a "drying tree" that folds up and that we put
away before we close our home for the season. This practice
has gone on since the park opened many years ago.
The park is still operated by the original owners, but recently
a decision was made not to allow the residents to use the
"drying tree" so they collected all of them and the supports
and threw them away.
FMO News
Do park owners have the right to confiscate a homeowners
private equipment costing approximately $100.00 without
notice, or offer an alternate to the homeowners on how they
are to dry their laundry? Most homeowners could not afford
to have an electric dryer and a 220V outlet installed in their
home or necessarily have room for a dryer
A: The park owner does not have a right to enter
your property, leased or otherwise, and take your
personal property—regardless of the dollar amount
of the property. The issue of whether the park owner
has a duty to provide a method for drying clothes
would require reference to your park’s governing
documents. If the park owner is entering your private property (versus a common area) and removing
your belongings, you should contact the police. If you
were storing the drying tree in a common storage
area, this does not sound like a criminal matter, but
it may constitute civil theft. It is unclear from your
question where the drying tree was located (common
area or your home), and this will make the difference
in whether a crime was committed or whether the
owner is civilly liable.
There is also a statutory provision that protects an
individual’s right to use a drying tree/clothesline as
long as it is located on their property (e.g., on their
leased lot). The statute is codified at section 163.04,
Florida Statutes. It is aimed at protecting the value of
land, buildings, and resources; and, it encourages the
use of energy saving devices. The statute essentially
has the effect of prohibiting a park owner from making a rule which bans the use of a laundry tree. It also
provides for attorney’s fees for the prevailing party.
Therefore, if the park owner is banning your private
use of a laundry tree on your leased lot, you may have
a cause of action against the park owner and if you
prevailed, you would be entitled to your attorney
fees.
"Legal Ease" Archive
Check out this feature on the FMO website
(www.fmo.org)!
Find Legal Ease questions and answers from the FMO
News from the past 10 years.
After login, go to the "member area" on the left and
click on "Legal Ease". Click on a topic to view specific information or click on the top option for the full
archive.
**Please remember - some answers may have had legal
updates since publication date.
11
FMO Resource Material Order Form
Ship order to:
Name: ___________________________________________________________
Date: _________________________________
Street Address: ____________________________________________________
District:________________________________
City: _____________________________________________________________
Member #: ____________________________
Phone: ___________________________________________________________
Park Name: _____________________________
Please send order form to: FMO, 4020 Portsmouth Road, Largo, FL 33771
Instructions: Please mark quantities on all items requested. Allow 2 weeks for delivery!
Items marked with an arrowmust be purchased. Send check payable to FMO.
Item
#
Qty. Item
#
Item Description
Item Description
Qty.
MEMBER RECRUITMENT MATERIALS
LEGAL INFORMATION
260
F.S. 723 Reference Guide
339
Filing Instructions/Tax Liabilities-Not for Profit

$3.50
22
Filing Requirements for Homeowners’ Association
19
Finding an Attorney
24
How Mobile Home Owners are Taxed
237
Final Rules – Housing for Older Persons
250
09
Accomplishments – Legal/Legislative
301
“FMO Happenings” Bulletin Board Banner
256
Doorknob Hanger Bags
50
Elite Membership/Cross Country Motor Club
298
FMO/HOA Common Goal Flyer
362
We Give You a Voice Recruitment Letter
How to Form a Homeowners’ Association
363
Why Be a Member of FMO?
365
Homestead Exemption Factsheet
364
Who is the FMO?
291
Know Your Rights When Selling Your Home
23
40
Law on Delivery of Rent Increases
142
Obtaining Correct Prospectus
314
Pass-on/Pass-through Charges
29
$2.50

360
Satellite Dish Flyer
347
Tie-Down Rule 15C-1

Member Recruitment Brochure
(member application included)
BOOKS
Sample Limited Proxy Form
324
Membership Applications
69
Homeowners’ Association Manual 
$13.56*
(HOA Manual is $8.56 ea. if picked up)
$3.50
* Price includes tax, shipping and handling.
MEDIATION INFORMATION
26
DBPR - Mobile Home Complaint Form
28
DBPR Mediation Form
149
25
PLEASE REMIT PAYMENT WITH ORDER.
Price subject to change without notice.
Mediation Offers First Chance of Dispute Resolution
Negotiation with Your Park Owner
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313
FMO Decal 
FMO Bookmarks
To pay with credit card:
$1
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Discover
Card #:__________________________________
Exp. Date:____________
Signature:________________________________
Billing address:
Same as above
17
FMO Expense Report
70
FMO Resource Material Order Form
Address: _______________________________________
Mobile Home Tie Downs Article
City/State/Zip:__________________________________
Oath of Officers/Charge to the Officers
Phone: (_____) ________________________________
312
07
Most items can be downloaded by MEMBERS
at www.fmo.org free of charge.
Federation of Manufactured Home Owners of Florida, Inc.  4020 Portsmouth Road  Largo, Florida 33771
(727) 530-7539  Fax (727) 535-9427  Website: www.fmo.org
#70 M Rev. 2/13
Your FMO News Submissions
Have an article or concept you would like to see in future editions of the FMO News?
Examples:
- "News From the Field" (District officers or section directors)
- HOA functions with photos
- "Member to Member" - any information you think other members
should know
Simply submit your information by the deadline dates below to:
[email protected] or mail to: FMO
Attn: Editor
4020 Portsmouth Road, Largo, FL 33771
DEADLINE
November/December 2013
October 11, 2013
January/February 2014
December 13, 2013
March/April 2014
February 14, 2014
** All submissions are subject to approval and editing.
Procedures for registering with Team DBPR
To better serve you with your concern, complaint or issue,
we recommend the following:
• F ile your complaint with the Department of Business and Professional
Regulation (DBPR)
• Send a copy to the LARGO OFFICE to Jane’s attention.
(Jane will forward to the appropriate TEAM DBPR member to follow up.)
 Be sure to include your name, address and phone number.
An e-mail address is helpful if you have one.
 Cite the part of F.S. Statute 723 that you think has been violated.
— We will contact the Bureau of Regulation or Compliance,
whichever has jurisdiction.
 Let us know if any litigation is in progress.
(Did you hire an attorney?)
 Be specific about what you want resolved.
• We will work as your advocate with our contacts at the
Department.
– While most issues are of urgency to you; the Department
does a thorough investigation prior to a ruling and that
takes time.
 Call or e-mail us with any questions about these procedures.
­­FMO News
TEAM DBPR Contacts
Jack D. Berg – Team Leader
[email protected]
(941) 776-3732
George Dunn – Co-Leader
[email protected]
(813) 774-9918
Richard Twort - Co-Leader
[email protected]
(386) 760-7140
Send a copy of your
complaint to the FMO
office below:
FMO
ATTN: Jane Clapp
4020 Portsmouth Rd.
Largo, FL 33771
[email protected]
(727) 530-7539
­­13
2013 RENT SURVEYS
ORDER FORM
FLORIDA MANUFACTURED HOME COMMUNITIES
FMO Members receive 25% off!!
** PLEASE CHECK THE APPROPRIATE COUNTY BELOW:
(NOTE: These surveys are intended to assist in rent negotiations by using comparisons of other communities. The
fees below ARE NOT suggested rent amounts!!!)
COUNTY
PRICE
MEMBER
COUNTY
PRICE
MEMBER
COUNTY
PRICE
MEMBER

Brevard
$175.00 $131.25

Hillsborough
$195.00 $146.25

Palm Bch.
$180.00 $135.00

Broward
$195.00 $146.25

Indian River $120.00 $ 90.00

Pasco
$180.00 $135.00

Charlotte
$ 75.00
$ 56.25

Lake
$190.00 $142.50

Pinellas
$250.00 $187.50

Citrus
$150.00 $112.50

Lee
$175.00 $131.25

Polk
$250.00 $187.50

Collier
$ 85.00
$ 63.75

Manatee
$190.00 $142.50

St. Johns
$ 45.00
$ 33.75

Desoto
$ 85.00
$ 63.75

Marion
$160.00 $120.00

St. Lucie
$105.00
$ 78.75

Flagler
$ 55.00
$ 41.25

Martin
$105.00
$ 78.75

Sarasota
$175.00 $131.25

Hendry
$105.00
$ 78.75

Miami/Dade
$110.00
$ 82.50

Seminole
$ 45.00
$ 33.75

Hernando
$ 85.00
$ 63.75

Orange
$125.00
$ 93.75

Sumter
$110.00
$ 78.75

Highlands
$125.00
$ 93.75

Osceola
$130.00
$97.50

Volusia
$225.00 $168.75
Surveys are updated with each order and include: homesites/homes, occupancy, current rent (past increases), what is
included in rent & amenities. Surveys are broken down by age requirements and by leased land/resident owned status.
** All surveys are shipped via USPS Priority Mail. Please call if you have special instructions 727-535-5125
PLEASE RETURN THIS FORM WITH CHECK OR MONEY ORDER TO:
FMO, C/O RENT SURVEY - 4020 PORTSMOUTH RD, LARGO, FL 33771 (or visit www.fmo.org and use PayPal)
NAME
PHONE
ADDRESS
COMMUNITY
MEMBER TO PAY BY CREDIT CARD:
Card #:
 Mastercard
 Visa
 Discover Exp. Date:
Signature:
*FMO does not warranty any information contained in the survey. The surveys and data contained therein were
compiled by FMO employees with the help of FMO members and Park Representatives.
The HOA Board Of Directors
100% FMO Membership
Fairlane Harbor
Vero Beach, FL
Winter Haven Oaks
Winter Haven, FL
Harold Schwartz, President
Ann Hayes, Vice President
Doug Schupp, Vice President
Mary Tomaro, Secretary
Eugene Schmeiler, Treasurer
Dawn Marks, Memb. Coord.
Bill Willem, FMO Rep
Honor
Roll
Roger Culp, President
Dennis Duff, Vice President
Doris Sharak, Secretary
Beverly Yeager, Treasurer
Patricia Thier, Director
Joyce Campbell, FMO Rep
Past 2013 Submissions
Bahia Vista Estates, Sarasota, FL
Beacon Hill Colony, Lakeland, FL
Century 21 Mobile Comm. Fort Myers, FL
Cypress Greens, Lake Alfred, FL
Emerald Lake MHC, Punta Gorda, FL
Four Lakes Golf Club, Winter Haven, FL
Harbor Lights Mobile Resort, Inverness, FL
Gulfstream Harbor, Orlando, FL
Hickory Hills Manor, Lakeland, FL
Pinelake Gardens & Estates, Stuart, FL (Gardens Board)
Pinelake Gardens & Estates, Stuart, FL (Estates Board)
Royal Manor Estates, Boynton Beach, FL
Shangri La by the Lake, Leesburg, FL
Swiss Golf & Tennis Club, Winter Haven, FL
Tara Woods, N. Fort Myers, FL
Westside Ridge MHP, Auburndale, FL
Woodbrook Estates MHP, Lakeland, FL
Woodlands @ Church Lake, Groveland, FL
The FMO HOA Honor
Roll
FMO would like to recognize even more homeowners'
associations who have 100% of their Board of Directors
that are FMO members!
For your submission to be
included in the November/
December edition of the
FMO News, please submit by
October 18, 2013.
If ALL of your board members are in fact members of
the FMO, please submit your park name board members/positions to (please include each membership #):
FMO C/O FMO News Editor
4020 Portsmouth Road
Largo, FL 33771
­­FMO News
OR
Email: [email protected]
­15
Don’t stand
on the sidelines!!
!!
The FMO Needs You
Get Your
FREE
It is important to stay
involved and understand
that with more
members,
We will have more Votes
and Voices!
RX DISCOUNT CARD
SAVE UP TO 65%
1) The FMO has secured and preserved the $2.8 million budget allocation from the
State for the Mobile Home Tie-Down Program.
2) Ensured that there is NO sales tax added on Mobile Home rentals and that
no new prospectus is required at resale.
3) Passed legislation to require that Citizens offers coverage for mobile home
attachments and appurtenances for homes insured by Citizens.
NEW PREMIUM LEVEL MEMBERSHIP ADVANTAGES ONLY $13 ADDITIONAL
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Full Credit for Current FMO Membership Period!
Discounts at Home Depot!
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Daily restaurant discounts at over 50,000 locations nationally!!
Free MD Online, Free Medical Alert Card, Free Hearing Test
YES! I would like to upgrade my FMO membership to the PREMIUM LEVEL
CONTACT: Beth Pankow - Member Services Mgr. - [email protected]
­­16
September/October 2013
Offering New Florida Product
Mobile Home Owners Insurance
By: George Dunn, State Board Vice President
Not to be outdone by Pop-Warner, high school, college and the NFL football seasons, the
Federation of Manufactured Home Owners of Florida will officially kickoff our Premium
Membership on October 1st. Our first string has been selected, training and practice sessions
are nearing completion and we will be ready on opening day to meet the expectations of
our fans (current and prospective members).
Our team includes Professional Insurance Systems of Florida, Inc., My American
Access, American Residential Warranty (ARW), FMO Directors, District Officers, Park
Representatives and the FMO office staff.
Current members can update to a premium membership by submitting their application with the annual fee of $35.00, which will not only extend their membership for one
year from their normal renewal date, but also give them immediate access to the coupon
and benefit program for one year plus. Although the Premium and regular FMO memberships are two distinct entities, and two ID cards will be issued, this method will allow both
renewal dates to occur at the same time.
The ARW program is different in that they will offer a free one year FMO Premium
Membership to anyone who purchases a Home Service Agreement from them. In addition, ARW will add your washer and dryer to your agreement at no cost when your policy
includes at least four appliances. If you don’t have a washer and dryer, in lieu thereof,
you will be given a 10% discount on your purchase. For several other incentives or further
information from American Residential Warranty just call 1-877-752-6794 or visit http://
arwplans.com/FMO.
SO GET READY FOR A NEW AND EXCITING FOOTBALL AND FMO SEASON
For further information, please call BETH, Member Services Manager at 727-530-7539 or
email her at [email protected].
.
FMO News
17
FMO Premium Membership Cont'd
­18
Auto discounts for tires, repair, rentals
and much more!
Free MD Online, medical alert card and
hearing test!
Discounts at Kohl's, Target, Land's End and
many other retail businesses AND daily
restaurant discounts at over 50,000 locations nationally!
Home-delivery health screening kits - test
and monitor chronic conditions with just
the prick of a finger!
September/October 2013
FMO PREMIUM Membership Application
Fill out and return
this portion along with
your check to:
Federation of
Manufactured Home
Owners of Florida,
P.O. Box 5300, Largo, FL
33779-5300
M One-year FMO Premium Membership for $35
M Three-year FMO plus one-year Premium status for $68
Best
Value!
M Cross Country Motor Club - Add $30 per year
Current members: Pay $35 now, regardless of renewal date, and your membership is
good until one year from next renewal. USE YOUR PREMIUM BENEFITS NOW!!
For a standard membership application contact Beth at [email protected].
Only the two individuals listed below are eligible for membership. Persons listed must live at the address given on this
application. Memberships are not transferable between generations.
We need the following information (please print clearly)
Date: ____________________________________________________
Name: ___________________________________________________
M New member
M Current Member # _____________________
Birth Date (Optional): ______________________________________
Non-Florida Address (if applicable)
Co-member: _______________________________________________
Address:___________________________________
Florida Address: ___________________________________________
City/State/Zip:_____________________________________________
Phone: (_____) ___________________________________________
City/State/Zip: _____________________________
_________________________________________
Check off whole months you DO NOT live in Florida:
M Jan.
M Feb.
M March
M April
E-mail Address: ___________________________________________
M May
M June
M July
M Aug.
Park Name: _______________________________________________
M Sept.
M Oct.
M Nov.
M Dec.
I am a: M Lot Renter
M Other _________________________
To pay with credit card:
MMastercard
MVisa
MDiscover
Card #:_______________________________________________
Recruiter Name _______________________
_____________________________________
Membership Number ___________________
Exp. Date:____________
Signature:_____________________________________________
Number of FLORIDA registered voters in household: ______
KEEP THIS PORTION AS YOUR RECEIPT (RETURN THE APPLICATION PORTION TO THE FMO.)
Please enclose check payable to FMO. U.S. Funds only.
Do not send cash.
NOTICE: Contributions or gifts to the Federation of Manufactured Home Owners of Florida, Inc., are not deductible as charitable contributions for federal income tax purposes.
Postal Regulation Requirement: Forty cents of every membership is allocated to the publishing of the FMO News.
A complete explanation of your FMO Premium benefits will be included with your new
membership and Premium Status cards. Please allow 4 to 6 weeks for processing time.
Cross Country Members: You will receive a separate membership card from Cross Country in approximately 4 to
6 weeks. If you should need roadside assistance before you receive your Cross Country card, please call their
toll-free number (800) 528-2056.
Questions? Call membership at 727/530-7539 or e-mail: [email protected]
Thank you for joining the only organization fighting for the rights of manufactured/mobile home owners!
Date: _______________
Name: ___________________________________________________________
Check Amount: _____________________
Check Number: _________________________________
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­­20
September/October 2013
UNDERSTANDING 55+ STATUS
GUIDE TO MEETING THE “HOUSING FOR OLDER PERSONS” EXEMPTION
What do owners of a community have to do to
meet requirements of the housing for older
persons exemption?
1.
2.
3.
80% Occupancy
In order for the community to qualify as housing
for older persons, at least 80% of its occupied
units must have at least one person 55 years of
age or older. Before calculating 80%, exclude
vacant homes, homes occupied by employees of the
community, and homes occupied by caregivers to
disabled residents.
Policies and Procedures
To meet the housing for older persons exemption,
owners of communities must publish and follow
policies and procedures that demonstrate an intent
to be housing for older persons.
Review the prospectus and lot rental agreement
If there is an assertion in any of these that the park
is a 55 and older park, the homeowners may have
an action for breach of contract.
2.
Verification of Occupancy
Owners of communities must routinely determine
the occupancy of each home. These procedures
may be part of a normal leasing or purchasing
arrangement but must provide for regular updates,
through surveys, at least once every two years.
Review advertisements
Chapter 723 requires that park owners file all
promotional material with the Bureau of Mobile
Homes. If there are any ads or promotional
material advertising the community as 55+, the
residents may have cause for legal action.
3.
Review park rules and regulations
F.S. 723 also requires the park owner to provide
homeowners with 90-day written notice of a
change in rules and regulations. If there is a
change without notice, homeowners should file
a complaint with the bureau (850-488-0970). If
notice of change in rules with regard to minimum
age requirements is received, the homeowners
may request a meeting with the park owner. The
meeting and subsequent mediation outlined in F.S.
723 may yield the desired result. If it does not,
the homeowners may still have action for breach of
contract, but their claim will be more tenuous.
1.
Post Signs
Owners of communities should post signs that state
that the park is “for 55 and over”, “senior housing”
or “a retirement community”. No phrases such as
“adult living” or “adult community”.
2.
Include lease provisions
The lease provisions should state that the park
intends to operate as 55 or older housing. This
lease provision should be provided to local real
estate agents who sell homes in the community.
Leases should also contain a provision directly
above the signatory line, asserting that the resident
meets the minimum age requirement. Any person
selling homes must be aware of the policies.
FMO News
What can homeowners do if the park owner
in a rental community is not meeting the
requirements for housing older persons?
1.
What actions should owners take to meet
requirements?
3.
military ID; any other official document showing
date of birth. If a resident is unwilling to show
proof of age, the owners may accept a signed
statement signed under penalty of perjury from
someone who had knowledge of the resident’s age.
Conduct surveys
Owners should survey all current residents as to
age. These surveys should be repeated every
two years. Owners can consider the following in
determining the age of residents: driver’s license;
birth certificate; passport; immigration card;
How can homeowners be certain the park owner
is meeting the requirements?
The rule provides that a summary of the occupancy surveys be
available for inspection by any person upon reasonable notice.
Therefore, homeowners can request a summary for the park
owner.
Who can homeowners complain to?
If homeowners are concerned that the park owner is not meeting
the housing for older persons requirement, they should see an
attorney. Only in cases where the park owner is attempting to
change park rules without proper notice, can residents complain
to the Bureau of Mobile Homes.
21
TIE- DOWN PROGRAM
The State of Florida has allocated grant money through a contract with Tallahassee Community
College to implement the Manufactured Home Tie-Down Enhancement Program. This program
involves the enhancement of the tie-down and anchoring system of your home. The program
does not intend to bring existing mobile homes up to code but to make the home as wind
resistant as funding, physical characteristics and condition of premises permit. Please note:
Each home worked on may receive differing quantities of new equipment depending on size,
condition and physical characteristics.
This program is at NO COST to you. Skirting removal and re-installation on eligible homes is
now being offered with the Program. All fees paid to the contractor are paid directly by
Tallahassee Community College through a grant from the state. The additional tie-down and
anchoring systems could help minimize damage to the mobile home arising from windstorms,
tornadoes or hurricanes.
Eligibility to receive inspections and tie-down services is limited to the following:
1. A 60% mandatory participation rate is required and each manufactured home must be
located within the boundaries of the mobile home community.
2. The manufactured home must be built and installed prior to September 1999.
3. The minimum height requirement for the manufactured home shall be at least 15” inches
from the ground to the sidewall of the home.
4. The homeowner must properly complete and sign the AUTHORIZATION-TOPROCEED FORM.
5. Skirting removal and re-installation on eligible homes is included in the Program. All
skirting must be easily removable and able to be re-installed with minimal effort. Repair
or replacement of any skirting will be the sole responsibility of the homeowner. Please
note: Windstorm Mitigation Inc. reserves the right not to remove and re-install any
skirting which does not meet Program requirements. Tallahassee Community College and
the State of Florida are not responsible for the removal and re-installtion of the skirting.
6. The homeowner shall be responsible for the preparing and cleanup of the home site for
the enhancement project. Preparation may include removal and replacement of shrubbery,
furniture under carports and within screen rooms, etc.
7. To nominate your community for this program please send a letter of interest stating the
name, address of your community along with contact information to:
Tallahassee Community College
Attn: Amy Bajoczky
444 Appleyard Drive
Tallahassee, Florida 32304-2895
[email protected]
1-850-201-8025
18
22
May/June 2013
September/October
2013-2014 Tie-Down Enhancement Program
2012-2013
Community Interest Verification
Date:
Community:
Contact:
Address:
County:
Telephone:
Email:
Please consider this a letter of interest for the Tie-Down Enhancement Program,
Here are the answers to the following questions.
1. Yes or No - Is your Community interested in qualifying for the Tie-Down Enhancement
Program? If yes, continue with questions.
2. Yes or No - If chosen to participate, will the owner(s) of the community allow the Program
access to the property?
3. Yes or No – Does your Community/HOA have the ability to organize and acquire the 60% of
eligible homes needed to participate in the Program?
4. How many homes are in your Community?
5. How many homes in the Community are vacant, up for sale or not occupied?
6. What year was your Community established?
7. What percentage of homes were installed before 1999?
%
8. What is the approximate height from the ground to the bottom of home (sidewall)?
Please measure.
9. What type of skirting is on the homes?
vinyl, stack, block. metal, slats, mortared, block, lattice, vinyl, siding to ground
10. Yes or No - Is the skirting easily removable?
FMO News
­­23
UNDERSTANDING CPI
By: Roy Brewer, Director-at Large, Federation of Manufactured Home Owners of Florida and, Ken Shouse,
Former Director of Community Operations, Florida Manufactured Housing Association
This article is not designed to be a scientific, legalistic
or economics based discussion of what CPI is or how it
is computed. Rather, it is an attempt to explain, in plain
English, how CPI works. For more detailed information,
and for pages and pages of analysis of CPI, the authors
refer you to the web pages of the U.S. Bureau of Labor
Statistics (US-BLS), where you can click on the CPI links.
The web site is www.bls.gov/CPI/.
The first section of this article discusses what CPI is,
what it isn’t and generally how it is computed. If you
prefer, you can skip to the second section of the article for
how CPI affects and impacts manufactured home owners
and manufactured home community owners. FMO and
FMHA have cooperated on producing this article because
of the confusion about CPI among both homeowners
and community owners. While Roy and Ken hope you
find this article helpful, it should not be substituted for
competent legal advice.
SECTION ONE - WHAT IS CPI?
First, CPI stands for Consumer Price Index.
government’s definition of CPI is:
The
The Consumer Price Index is a
measure of the average change
over time in the prices paid by
urban consumers for a market
basket of consumer goods and
services.
Source: US-BLS
The CPI computation is based on a mathematical formula,
with data compiled from consumer surveys. There are
“hard numbers” backing up the CPI. CPI is not a “cost
of living index”. A cost of living index is part of the
formula for CPI, but a true cost of living index includes
assumptions made by economists - it is a conceptual
measuring tool, as opposed to a mathematical measuring
tool like CPI. A cost of living index would include
factors such as the impact of crime or water quality on a
person’s cost of living. Those types of governmental or
environmental factors are not part of the CPI computation.
Because of the cost of living assumptions, 2 economists
can come up with different results for their cost of living
index.
FMO
­­24 News
The CPI represents the change in price (value) of all goods
and services purchased by consumers for a specific time
period, usually the previous 12 months. US-BLS calls this
whole group of goods and services the “market basket” of
goods and services. CPI computes the value of all of these
goods and services by detailed consumer surveys. In each
year about 7,000 families from around the country provide
very detailed information on their spending by keeping
diaries of everything they purchased. Over each two-year
period, approximately 28,000 weekly diaries are reviewed,
and 60,000 quarterly interviews are made by US-BLS
personnel, to determine actual consumer spending on
various items. In addition to the consumer data, US-BLS
personnel make thousands of calls each month to stores,
service businesses, doctor’s offices apartment offices, and
many more locations and ask what the current prices are
for goods and services. This actual pricing data is also
used to compute the CPI.
CPI “goods and services” are broken down into more than
200 categories, which are organized into 8 major groups.
The groups, and a few examples of each, are below.
1. FOOD AND BEVERAGES (breakfast cereal,
milk, coffee, chicken, wine, full service meals,
snacks)
2. HOUSING (rent of primary residence, owners’
equivalent of rent, fuel oil, bedroom furniture)
3. APPAREL (men’s shirts and sweaters, women’s
dresses, jewelry)
4. TRANSPORTATION (new vehicles, airline
fares, gasoline, motor vehicle
insurance)
5. MEDICAL CARE (prescription drugs and
medical supplies, physicians’ services, eyeglasses
and eye care, hospital services)
6. RECREATION (televisions, toys, pets and pet
products, sports equipment,
admissions)
7. EDUCATION AND COMMUNICATION
(college tuition, postage, telephone services,
computer software and accessories)
September/October 2013
8. OTHER GOODS AND SERVICES (tobacco
and smoking products, haircuts
and other personal services, funeral expenses)
It is important to remember that CPI measures the change
in value for an average family, not for any one individual.
The market basket values for all consumers is computed
then averaged to arrive at the CPI value. Your individual
experience with consumer prices may vary widely from
the CPI number, or may track it very closely.
Finally, there is the issue of who is included in the CPI
computation. The main population group is “all urban
consumers”. A subset of this main group is called “all
urban wage earners and clerical workers.”
The second group focuses on consumer
prices experienced by hourly wage
earners and clerical positions only. The
main group includes the wage earners
and clerical people, but also includes
all professionals, the self employed,
the poor, the unemployed (including
‘homemakers’) and retired persons.
There are also specialized CPI’s for
selected cities and for some states, not
all of which are computed each year or
each month. The main CPI, all urban
consumers, represents almost 90% of the
U.S. population.
see if the type of CPI to be used is defined. The “all
urban consumers” CPI has become the most common CPI
version used because it gives the best representation of the
actual prices paid by consumers in the U.S. Sometimes
homeowners and community owners have agreed that a
different form OF CPI should be used, for example the
wage and clerical CPI, or just the Florida CPI, or the
Miami CPI, etc. If there is an agreement on which form
of the CPI to use, it should be written in an agreement
between the homeowners and community owner.
Checking a community’s documents is important however
because many older prospectus’ use an earlier version
SECTION TWO - HOW IS CPI
USED IN MANUFACTURED HOME
COMMUNITIES?
First, all homeowners and community
owners must consult their own prospectus
documents (the prospectus, lot rental
agreement and rules) for how CPI affects
them, if at all. Nothing in this article can
change the agreements and provisions that
are in your prospectus documents.
A homeowner’s prospectus details the
methods that can be used to compute a
lot rental amount increase. Sometimes
only one method is allowed; sometimes
several are there for the community owner
to choose from. If your prospectus states
that CPI may be used to compute an
annual adjustment, then the prospectus
documents and prior agreements
between the community owner and the
homeowners should be scrutinized to
5 News
F­­2MO
November/December 2011
25
of the CPI. This CPI is (All Urban Consumers) 1967 =
100. The main difference (in general) between this earlier
version (1967) and the modern version (1982-84 = 100) is
the consideration of housing prices is included in the later
version.
If your community is using the standard “All Urban
Consumers (1982-84=100)” CPI number you can obtain
it very easily at www.bls.gov/news.release/pdf/cpi.
pdf. To have the latest CPI figures emailed to you each
month, go to http://www.bls.gov/bls/list.htm, subscribe
by entering your email address, and check the box(es)
under “Notifcations” that contain the information you are
interested in receiving. Remember, you want the CPI-U,
All Urban Consumers (1982-84=100). The report you
receive will look like this:
The Consumer Price Index for All Urban Consumers
(CPI-U) increased 0.2 percent in July on a seasonally
adjusted basis, the U.S. Bureau of Labor Statistics
reported today. Over the last 12 months, the all
items index increased 2.0 percent before seasonal
adjustment.
Homeowners need to remember that a lot rental amount
increase notice must be sent 90 days prior to the date the
increase will be effective. CPI numbers are announced
around the 15th of the month for the preceding month. So,
if a rental agreement rolls over on January 1st, the notice
usually goes out around the end of September. Because
the notices take time to be prepared, be reviewed and
checked for accuracy and be put in envelopes, etc., they
are usually mailed in mid September to be sure there are
no timing issues. That means that the CPI number that
will be used came out on August 15th for the month of
July. As a rule of thumb, if your rent is adjusted according
to CPI, and your rental agreement rolls over January 1st,
your increase amount will be based on the July CPI.
Both FMO and FMHA hope this information has been
helpful in understanding the CPI and how it is used.
Please do not hesitate to contact either organization with
your questions or comments.
EXAMPLE CPI TIMELINE
The following is an EXAMPLE ONLY of the general time frames involved in a CPI rental amount increase. The
following is not intended as legal advice, should not be taken as legal advice, and you should consult an attorney familiar with Florida’s Mobile Home Act, Chapter 723, with any questions you may have.
Consult your community prospectus, or talk to the community’s attorney to determine which version of CPI
will be used. Different versions of the CPI may be used within the same community. The community prospectus, or a written agreement between the community owner and the homeowners, may specifically designate
which month’s CPI number will be used to compute the rental amount adjustment.
This example assumes all leases roll over on January 1, and assumes the rental amount increase for all
leases is computed based on the July CPI number as computed and distributed by BLS. The BLS is the
Federal Government’s Bureau of Labor Statistics.
JULY
2012
JULYAUG 15*END OF*OCT 1,
2013 2013SEPT 2013
2013
In this example, using the July
2012 CPI NOTICE PERIOD,
CPI is based on this 12 month
time frame.
90-Day Notice Period
July 2013 CPI #
issued by BLS**
90-Day Rent
Increase Notices
served, based on
July 2013 CPI
number
JAN 1,
2014
Rent Increase goes
into effect January
1st based on the July
2013 CPI number
* approximate dates
** BLS is the Bureau of Labor Statistics
26
­­September/October 2013
Bill pickard
Bill Pickard celebrated his
90th birthday on June
12, 2013. Bill is a native
of Sarnia, Ontario but now
resides in Lake of the Woods,
Virginia with his wife Sue. Bill met Sue while camping
in Florida in February 2000. They married in November 2000 after figuring out that a courtship between Canada and Virginia was too difficult. Bill and
Sue both love to travel and have done so every fall on numerous cruises to most of the popular destinations including Europe
as well as to locations in the US and Canada. Bill is still very active. He does all of the handyman chores at
home and is always ready to give a hand or do the work for
anyone who needs help.
Bill was a widower with 2 children when he married Sue who
was the mother of 5 and grandmother of 15. What a difference
he moved into from his earlier life. They spend eight months of the year from May through
December at their Virginia home on a lake. During this period they also spend time every month in Rehoboth Beach,
Delaware. They love spending the winter months in Florida at
Lake Hammock Village in Haines City, Florida.
AMS
9 x 10 CLUB
If you are or you know an FMO member
who is at least 90 years old, please let
us know.
E-mail your digital photo, along with the description, to [email protected]. Send photos to FMO, 4020
Portsmouth Road, Largo, FL 33771, ATTN: FMO NEWS.
If you have any questions call Joyce at (727) 530-7539.
Send a photo and a brief description of your hobbies,
your lifestyle, and what keeps you feeling young. If
more than one person is pictured, please provide the
names of everyone as well as the context for the photo
(park meeting, pot-luck dinner, birthday party), as well
as the date and location where the photo was taken.
Special thanks to the family and friends who continue to support this column by sending in photos
and articles of their friends, neighbors and relatives.
Southeast FL. Division
Southwest FL. Division
Central FL. Division
Northwest FL. Division
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FMO News
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27
MARK YOUR CALENDARS:
State Assembly 2013
December 9th & 10th
FMO's official business meeting will be held Monday, December
9th and Tuesday, December 10th.
State Assembly will consist of two half-days of meetings, during
which delegates will elect a new Board of Directors for the FMO.
Any FMO member is invited to attend the meetings, but only delegates will be allowed to have a vote during elections. Space is very
limited for attendees, so if you are planning to sit in on the meetings, please advise Joyce Stanton at [email protected] or by calling
the FMO office.
This meeting will be held at the Clarion Inn & Suites, 20967 US.
19, Clearwater, FL 33765.
If anyone is interested in running for office, please contact
JANE at 727-530-7539 or [email protected] and she will be
happy to give you the steps necessary for getting on the ballot.
The November/December issue of the FMO News will be running a bio for each of the candidates running for the Board of
Directors.
MEMBER SERVICES
CORNER
Dear FMO Members,
The month of September is upon us
and many of you will be coming back
to Florida to spend the winter months
in warmer weather.
As you begin to settle in and venture
outside, look around your community
to see if there are any new people who
have moved in. Why do I ask?
See if they know about the FMO and
if they do not, tell them about our
organization and how important it is
to be a member.
Also if there is an interest in becoming
an FMO representative (if your
community does not have one), please
contact me. A representative is of
great importance as they are a voice in
spreading the word of what FMO does
for its members.
You can reach me at the business
office with any of your questions or
concerns. I will be happy to help.
Beth Pankow
How to get your copy of F.S. 723
Order your copy of the
Florida Mobile Home Act,
Florida Statute Chapter
723 from the Department of
Business and Professional
Regulation.
­­28
Call toll free: 800-226-9101 or 850-487-1395
Email:[email protected]
Web:
WWW.MyFlorida.com/dbpr
Mailing:
Department of Business & Professional Regulation
Division of Florida Condominiums, Timeshares and
Mobile Homes Northwood Centre
1940 North Monroe Street
Tallahassee, FL 32399-1030
September/October 2013
Attention!
Parlez-vous français?
Nous avons maintenant
des informations et des applications
d'adhésion dans le français.
Communiquer avec le bureau FMO
pour plus de détails.
Email: [email protected]
** FMO MEMBERSHIP INFORMATION
AND APPLICATION NOW AVAILABLE
IN FRENCH.
¡atención
¿Usted habla español?
Ahora tenemos la información y los usos de la calidad de
miembro en español.
We’re ready to help you
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Specializing in
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Your Conversion Specialists. We provide the expertise for
your rapid response to your park purchase opportunity when it arises.
We guide you through the entire process, from contract negotiation
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Community Management. Our licensed Community
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Home Resales. Lifestyle Choice Realty, Inc. is a licensed real estate
broker and mobile home dealer, able to assist your residents with their real
estate needs. Our on-site specialists help you build equity in your community by actively marketing your for-sale properties.
Entrar en contacto con la oficina del
FMO para más detalles.
Email: [email protected]
** FMO MEMBERSHIP INFORMATION
AND APPLICATION NOW AVAILABLE IN
SPANISH.
DON'T FORGET!!!
FMO now happily accepts major credit
cards!!!
* FMO membership fees (new member or renewal)
* Cross Country Motor Club
* Resource materials
* Rent Surveys
See the order forms in this
magazine, or contact the
FMO Main Office for more
details.
FMO Newa
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Call Toll-Free: 1-866-527-3258
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A D R
Alternative Dispute
Resolution
ADR mediation encourages communication and negotiation between homeowners and community owners, and
allows them to settle disagreements in a neutral and nonthreatening environment, without costly court litigation.
For HOA's that want to file an application, call FMO at 727-530-7539.
Remember: No Rent Issues, Reduction of Services or Rule Amendments
will be mediated.
29
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$30 covers you and your sweetie for 1 year.
*To take advantage of this offer, you must be an FMO member in good standing.
This fantastic offer is available to ALL FMO members!
U 24-Hour Emergency Road Service
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YES...I want to Join Cross Country Motor Club
Date: _______________________
FMO Membership #:_________________________________________
Member : ____________________________________
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Address:____________________________________________________________________________________
City/State/Zip:_______________________________________________________________________________
Phone: _________________________ E-mail (please print):________________________________________
Do not send cash. Fill out the coupon above and enclose a check or money order for $30, payable
to FMO. Mark front of envelope “Cross Country Membership enclosed” and mail to: Federation of
Manufactured Home Owners of Florida, 4020 Portsmouth Rd., Largo, FL 33771.
Questions? e-mail Joyce at [email protected] or call (727) 530-7539.
Note: Your Cross Country Motor Club Membership will be billed separately.
Please allow 4–6 weeks to receive your card from CCMC.
30
Get your FMO News online!
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Classifieds
Each issue is posted on the FMO website.
To stop hard copy mailing, call the
FMO office or email [email protected]
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WANTED!
Like to help others? Keep people
informed? Why not spend a few hours
each month volunteering for the
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Additionally, larger communities
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