Hurricane Ian did something to mobile home communities in Lee, Collier and Charlotte Counties that Chapter 723 was never written to handle. The statute assumes a stable arrangement in which a homeowner owns a home and rents a lot. It says almost nothing about what happens when the home is gone, the lot is unusable, and nobody can reach the community for weeks. This guide sets out what the chapter does say, and is candid about where it is silent.
Who owns what, and why that decides almost everything
In a Chapter 723 community the homeowner owns the home, its appurtenances, the carport and the shed. The park owner owns the land, the streets, the common area buildings, the drainage and the utility systems it is responsible for. Insurance follows that line, repair obligations follow that line, and so does debris. Almost every post-storm dispute in these communities is a dispute about which side of the line something sits on.
Section 723.024 makes the line a hard one. When a unit of local government finds a code violation it must cite the responsible party, and no lien, penalty, fine, or administrative or civil proceeding may be brought against a homeowner or home for a duty of the park owner under § 723.022, or against the park owner or park property for a duty of the homeowner under § 723.023. That stops the two common post-storm reflexes: billing residents for common area restoration, and attaching a lot violation to the park's property.
Resident-owned communities are the hardest cases. When residents bought the park, the association became the landlord for the lots and the owner of the infrastructure while members still own their homes. The board sits on both sides of § 723.024 at once.
Chapter 723 has no emergency powers
Condominium, cooperative and homeowners associations each have a statutory emergency powers section allowing a board to act without ordinary notice, declare portions of the property unavailable, contract for emergency repairs and levy emergency assessments. Chapter 723 has no such provision. Its section list, from § 723.001 through § 723.1255, contains no emergency powers, casualty or disaster section.
Two consequences follow, and boards should hear both before a storm rather than after one.
- A park owner cannot impose a post-storm rule by emergency action. A change in the rules still requires 90 days' written notice to each affected homeowner and to the association board under § 723.037(1), and remains subject to the committee meeting and mediation petition that follow.
- A park owner cannot levy a post-storm assessment the way a condominium board can. Cost recovery has to fit an increase noticed under § 723.037(1), a pass-through charge as defined in § 723.003(17), or a tax or utility pass-on permitted by § 723.031(5). See our guide to the lot rental increase procedure.
One adjacent authority is worth knowing. Under § 723.046, capital costs of utility improvements exceeding $200 per resident may be paid in full within 60 days or amortized on the terms a local ordinance allows for single-family homes, and where none exists, over not less than 8 years. That is a financing rule, not an emergency assessment power.
What the park owner owes after the storm
Section 723.022 sets five obligations, and four do real work after a hurricane. The park owner must comply with applicable building, housing and health codes; maintain the buildings and improvements in the common areas in a good state of repair and the common areas in a good state of appearance, safety and cleanliness; provide access to the common areas at all reasonable times; and maintain the utility connections and systems for which it is responsible in proper operating condition.
The utility obligation is the one residents ask about first. The statute requires the systems the park owner is responsible for to be kept in proper operating condition. It sets no restoration deadline, and it does not make the park owner responsible for what the serving utility has not restored. Where the park resells purchased electricity, gas or water, § 723.045 caps the resale charge at what the public utility charges.
Access to a home is narrow even in an emergency. Under § 723.025 a park owner has no right of access to a mobile home without the homeowner's prior written consent, revocable in writing, unless entry is needed to prevent imminent danger to an occupant or to the home. The park owner may enter the lot at all reasonable times for repair and replacement of utilities and for protection of the park. Clearing a fallen limb from a lot is lot access. Going inside a damaged home is not.
What the homeowner owes
Section 723.023 is the mirror. The homeowner must comply with the code obligations imposed on mobile home owners and is responsible for local government fines; must keep the lot clean, neat, sanitary and in compliance with all local codes; must abide by the park rules and require others not to unreasonably disturb residents; must get the park owner's written approval before any exterior modification or addition; and on leaving must remove any debris and other property left on the lot.
Three of those drive post-storm disputes. The lot condition obligation is the lever against a destroyed home left in place for a year. The written approval requirement covers the replacement carport, shed, ramp and awning, so a park that waives approval informally during recovery should say in writing that the waiver is temporary. The debris obligation is what a park owner points to when a homeowner walks away.
Enforcement is private. Section 723.005 gives the Division no power to enforce park rules or §§ 723.022, 723.023 and 723.033, so complaints to the Division about a neglected lot or an unrepaired clubhouse will not be acted on. The remedies are local code enforcement under § 723.024(1), a civil action, and in the right case the rule-violation track described in our guide to evictions under Chapter 723.
Destroyed and abandoned homes
A destroyed home is still property, and usually still encumbered. Chapter 723 gives a park owner no self-help route to clear it, and the sections that do apply protect the lienholder.
Section 723.084 governs storage charges after an eviction or abandonment. Charges begin 5 days after the lienholder receives written notice stating the filing date, the daily charge and what must be paid, and the lienholder has 30 days to say whether it will pay. A lienholder that files replevin or forecloses is responsible from 30 days after filing. The maximum daily rate is one-thirtieth of the last monthly lot rental amount, and a park owner may not refuse repossession over charges it never properly noticed.
Section 723.085(1) makes it unlawful to execute a writ of possession against a home undergoing foreclosure of a properly noticed purchase money or first lien, or that the lienholder has foreclosed and now holds title to, so long as the lot rental amount is paid under § 723.084(6). Section 723.086 lets the property owner and lienholder contract around these provisions, and the contract controls to the extent of any inconsistency.
Title is what stalls the most files. A mobile home is titled personal property, and clearing a derelict home means dealing with a title and with liens recorded against it. Chapter 723 addresses that only in the change-of-use context, where § 723.0612(7) requires a homeowner electing abandonment to deliver the endorsed title and valid lien releases. Outside a change of use the chapter has no equivalent mechanism, and the path runs through the motor vehicle title statutes and DHSMV.
Does rent keep running on a lot nobody can live on?
The honest answer is that Chapter 723 does not say. There is no casualty clause, no abatement provision and no suspension of the lot rental amount anywhere in the chapter. Rent is a contractual obligation under an agreement with a minimum term of one year under § 723.031(4), and nothing in the statute stops it from accruing because the home was destroyed or the lot is unreachable.
That leaves three lines of argument, none automatic.
- The rental agreement itself. Some agreements and prospectuses contain casualty or interruption language, and under § 723.031(10) the rules and the prospectus are incorporated into the rental agreement.
- Material noncompliance under § 723.063. In an action for rent or possession the homeowner may raise the park owner's material noncompliance with any portion of the chapter, including the § 723.022 obligations, and the court determines the amount, if any, by which rent is reduced to reflect the diminished value of the lot. The homeowner must give 7 days' written notice before withholding and deposit the disputed rent into the court registry.
- Unreasonableness under § 723.033. A court may refuse to enforce an unreasonable lot rental amount, limit its application, or award a refund or a reduction in future rent. A lot rental amount in excess of market rent is unreasonable. This is a judicial remedy only; § 723.005 bars the Division from enforcing it.
For a board, neither side should assume. A park owner that keeps billing full rent on lots with no utilities is building the other side's § 723.063 case. A homeowner who simply stops paying without the notice and the registry deposit waives every defense except payment. Where a community negotiates a voluntary reduction, put it in writing and apply it uniformly.
Rebuilding: the density rule most people miss
Section 723.041 is filed under entrance fees, which is why its most useful subsections get overlooked. Subsection (5) says that where a mobile home park is damaged or destroyed by wind, water or other natural force, it may be rebuilt on the same site with the same density that was approved, permitted and built before. Subsection (6) provides that this does not limit the uniform firesafety standards established under § 633.206, but that it supersedes any other density, separation, setback or lot size regulation adopted after the initial permitting and construction of the park.
That is a significant protection in counties that have tightened lot standards since the parks were built. Subsection (4) is the companion: a homeowner or park owner may site any size new or used mobile home and appurtenances on a lot in accordance with the lot sizes, separation and setback distances and other requirements in effect when the park was approved, without displacing the requirements of the Department of Highway Safety and Motor Vehicles.
Installation is the DHSMV half of the picture, not the DBPR half. Anchoring and tie-down standards are set by that department by rule, and § 320.8285 requires counties and municipalities to inspect for compliance with the uniform installation standards, to issue installation permits only to licensed installers or to owners and dealers showing a licensed installer will do the work, and to issue certificates of occupancy on verified compliance. The same section bars a local government from prohibiting the siting or resiting of a used mobile home based solely on its date of manufacture. Anchor loads and tie spacing live in rule rather than statute and change over time, so a replacement home specification should be checked against the current rule text. See our guide to replacement homes and lot improvements.
Insurance, FEMA and the flood disclosure
Chapter 723 says very little here, and what it says is new. Section 723.011(6), added by chapter 2025-166 and effective October 1, 2025, requires a separate written flood disclosure delivered before occupancy or execution of the lot rental agreement, whichever occurs first. The park owner must disclose whether it has knowledge of flooding damage to the property, whether it has filed a flood damage insurance claim, and whether it has received flood damage assistance. On a violation where the lessee suffers substantial loss, meaning repair costs of 50 percent or more of the market value of the home and personal property, the lessee may terminate by written notice within 30 days after the date of the damage.
Everything else is outside the chapter. The park's policy covers the park's property and the homeowner's policy covers the home. Federal disaster assistance and flood insurance are governed by federal program rules, so boards should be careful about telling residents what they are entitled to. Documentation is within a board's control: date-stamped photographs before and after, contemporaneous scope notes, contractor records kept from the first week. Our checklist on insurance claim documentation applies here without modification.
Can a storm support a change of use?
It can, but it does not change the procedure. Chapter 723 has no storm-specific or expedited change-of-use track. A park owner who decides after a hurricane that the land will not go back to lot rentals must use § 723.061(1)(d) like anyone else: notice to the homeowners' association of its right to purchase, with 45 days from mailing to execute a contract and 10 more if the price is later reduced, and at least six months' notice of eviction carrying the Relocation Trust Fund statement, with a copy to the Division within 20 days.
The § 723.0612 relocation and abandonment payments then apply, homeowners have 90 days from the date of the notice to petition or lose the right to contest the change in use under § 723.061(2), and § 723.083 still bars any agency from approving a rezoning that would remove or relocate residents without first determining that adequate parks or other suitable facilities exist. After 2022 that determination is harder to make in Southwest Florida, not easier. The full sequence is in our guide to change of use and relocation.
What a storm changes is the factual record, not the calendar. The six-month notice, the 45-day purchase window and the 90-day objection period all run on dates that begin the moment a notice is mailed.
Frequently Asked Questions About Storm Recovery in Mobile Home Communities
Does a mobile home park board have emergency powers after a hurricane?
No. Chapter 723 has no emergency powers provision and no analogue to § 718.1265, § 719.128 or § 720.316. A rule change still requires 90 days' notice under § 723.037(1), and there is no statutory emergency assessment. Cost recovery has to fit an ordinary increase, a pass-through charge, or a permitted tax or utility pass-on.
Do residents still owe lot rent when the lot has no power and the home is destroyed?
Chapter 723 has no abatement or casualty provision, so rent does not stop by operation of the statute. The available arguments are the rental agreement's own terms, a § 723.063 material noncompliance defense with its 7-day notice and court registry deposit, and the unreasonableness remedies in § 723.033. None of them is automatic, and self-help withholding waives defenses.
Can the park remove a destroyed home from a lot?
Not unilaterally. Most homes carry liens, and §§ 723.084, 723.085 and 723.086 protect the lienholder, including a bar on executing a writ of possession against a home in or after lienholder foreclosure while lot rent is paid. Title clearing runs through the motor vehicle title statutes and DHSMV, not Chapter 723, and should be handled with counsel before the home is moved.
Does the park have to rebuild to current county density and setback rules?
No. Section 723.041(5) allows a park damaged or destroyed by wind, water or other natural force to be rebuilt on the same site at the same density approved, permitted and built before, and subsection (6) says that supersedes any density, separation, setback or lot size regulation adopted after initial permitting and construction. The uniform firesafety standards under § 633.206 still apply.
Who is responsible for storm debris?
It follows ownership. Section 723.022 puts common area buildings, improvements and the park owner's utility systems on the park owner. Section 723.023 puts the lot on the homeowner, who must keep it clean, neat, sanitary and code compliant and must remove debris and other property on departure. Section 723.024 bars either side from being fined or liened for the other's duty.
Are storm tie-down and installation standards in Chapter 723?
No. Installation, anchoring and tie-down standards for mobile homes are administered by the Department of Highway Safety and Motor Vehicles by rule, and § 320.8285 requires local inspection for compliance with those standards and permitting through licensed installers. Because the specifications live in rule, check the current rule text rather than an older specification sheet.
Contact Hamilton Mikes
Hamilton Mikes represents community associations and boards across Lee, Collier and Charlotte Counties on storm recovery, insurance claims, contractor agreements and the notice requirements that survive a disaster. Call 239-594-7227 or visit our Disaster Recovery page.
Statutes and authorities referenced
- Chapter 723, Fla. Stat. (2026 edition; no emergency powers, casualty or disaster section)
- § 723.003(17), Fla. Stat. (pass-through charge)
- § 723.005, Fla. Stat. (Division may not enforce park rules or §§ 723.022, 723.023, 723.033)
- § 723.011(6), Fla. Stat. (flood disclosure; ch. 2025-166, effective October 1, 2025)
- § 723.022, Fla. Stat. (park owner's general obligations)
- § 723.023, Fla. Stat. (mobile home owner's general obligations)
- § 723.024, Fla. Stat. (compliance; local code citation of the responsible party; no cross-liability)
- § 723.025, Fla. Stat. (access to the home only on written consent or to prevent imminent danger; lot access for utilities and protection of the park)
- § 723.031(4), (5), (10), Fla. Stat. (minimum one-year term; permitted mid-term increases; rules and prospectus incorporated)
- § 723.033, Fla. Stat. (unreasonable lot rental amounts, increases and changes; market rent; comparable parks)
- § 723.037(1), Fla. Stat. (90-day notice of increase, reduction in services or utilities, or rule change)
- § 723.041(4)-(6), Fla. Stat. (siting any size new or used home; rebuilding at prior density after wind, water or other natural force; firesafety standards preserved)
- § 723.045, § 723.046, Fla. Stat. (resale of utilities; capital costs of utility improvements over $200 per resident)
- § 723.061(1)(d), (2), Fla. Stat. (change of use; six-month notice; 90-day objection period)
- § 723.0612(7), Fla. Stat. (abandonment payments available only on a change of use)
- § 723.063, Fla. Stat. (material noncompliance defense; rent reduction for diminished value; registry deposit)
- § 723.068, Fla. Stat. (prevailing party attorney's fees)
- § 723.084, § 723.085, § 723.086, Fla. Stat. (storage charges; lienholder rights; contracts between owner and lienholder)
- § 723.083, Fla. Stat. (governmental action affecting removal of mobile home owners)
- § 320.8285, Fla. Stat. (onsite inspection; uniform installation standards; licensed installers)
- § 633.206, Fla. Stat. (uniform firesafety standards)
- § 718.1265, § 719.128, § 720.316, Fla. Stat. (emergency powers for condominiums, cooperatives and HOAs; no Chapter 723 counterpart)