Rules in a Florida mobile home park are contract terms, not covenants. They come from the prospectus and the lot rental agreement, and Chapter 723 controls how they are adopted, changed and enforced. Changing a rule takes 90 days' written notice and a meeting with a homeowners' committee. Enforcing one takes a documented notice and cure sequence that is far slower than most park owners expect. Getting either step wrong usually means the rule cannot be enforced at all.
A mobile home park is not a homeowners association
Start with the structure, because most mistakes in park rule enforcement come from borrowing a habit that belongs to a condominium or an HOA. In a Florida mobile home park the homeowner owns the home and the park owner owns the land and rents the lot. There is no recorded declaration of covenants, no membership in an association that governs the residents, no assessments, and no elected board with power over the people who live there. The relationship is landlord and tenant.
Chapter 723, the Florida Mobile Home Act, is the statute that governs it. It reaches any residential tenancy in which a mobile home is placed on a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. § 723.002(1). Rules bind a resident not because they were recorded in the public records, but because § 723.031(10) deems the rules and regulations and the prospectus to be incorporated into the lot rental agreement. They are terms of a contract. Three consequences follow that a condominium director would not expect. A park owner has no statutory assessment lien. A park owner has no free-standing authority to fine. And rules are not amended by a vote of the residents; the park owner changes them by notice on a statutory schedule and then absorbs whatever challenge follows.
Where the authority to have rules comes from
The source document is the prospectus. A park containing 26 or more lots must file one with the Division of Florida Condominiums, Timeshares, and Mobile Homes and deliver a Division-approved copy to the homeowner before entering into an enforceable rental agreement. § 723.011(1)(a). It must contain the park rules together with "an explanation of the manner in which park rules or regulations will be set, changed, or promulgated." § 723.012(11). Our guide to prospectus requirements covers what else has to be in it.
Three housekeeping rules sit alongside that. A copy of all rules and regulations must be posted in the recreation hall, if there is one, or in some other conspicuous place in the park. § 723.035(1). A rental agreement may not contain a rule prohibited by the chapter, nor provide for the promulgation or amendment of rules inconsistent with it. § 723.031(1). And any provision that attempts to waive or preclude a right or remedy set out in Chapter 723 is void to that extent. § 723.032(2).
The limit managers miss most often is the one on money. Section 723.035(2) says no rule "shall provide for payment of any fee, fine, assessment, or charge, except as otherwise provided in the prospectus or offering circular filed under s. 723.012, if one is required to be provided, and until after the park owner has complied with the procedure set forth in s. 723.037." Both conditions have to be met. A fine schedule adopted by management and posted on the bulletin board, with nothing in the prospectus behind it, is not enforceable no matter how reasonable the amount looks.
Changing a rule runs on the 90-day track
Section 723.037 puts three acts on one schedule: an increase in the lot rental amount, a reduction in services or utilities, and a change in rules and regulations. The steps are the same for all three, which is why the lot rental increase procedure is worth reading even when the only thing changing is a pet rule.
- Written notice at least 90 days before the change, to each affected mobile home owner and to the board of the homeowners' association if one has been formed. It must identify all other affected homeowners by lot number, name, group or phase, with names and addresses available on request. § 723.037(1).
- Say what is changing and when. The notice need only describe the change and its effective date. § 723.037(2).
- Meet with the homeowners' committee no later than 60 days before the effective date, at a mutually convenient time and place, to discuss the reasons for the change. The committee is not more than five people, designated by a majority of the affected homeowners or by the association board. § 723.037(4)(a).
- Disclose the reasons in good faith and in writing. Explain all material factors, not generalities; prepare a written summary; give the committee a copy at or before the meeting; keep a copy for 3 years. § 723.037(4)(b)1.
- Expect a mediation window. Within 30 days after the last scheduled meeting, a majority of the affected homeowners may designate in writing that the change is unreasonable and petition the Division for mediation. § 723.037(5)(a)4.
Three details in § 723.037(1) are worth knowing. Rules adopted as a result of restrictions imposed by governmental entities and required to protect the public health, safety and welfare may be enforced before the 90-day period expires, though they are not otherwise exempt from the chapter. The right to the 90-day notice may not be waived by a homeowner or by the committee in an agreement with the park owner. And the association has no standing to challenge a rule change unless a majority of the affected homeowners agree in writing to that representation.
The statute adds that the requirements in subsections (4) and (5) are not intended to be enforced by civil or administrative action; the meetings work like settlement discussions before the parties reach mediation. That does not make them optional.
What makes a rule reasonable
Chapter 723 defines the word. "Unreasonable means arbitrary, capricious, or inconsistent with this chapter." § 723.003(20). That definition applies throughout the chapter, including to a rule change challenged under § 723.037(5)(a)4.
Section 723.033 supplies the remedies. If a court finds a lot rental agreement, a rent amount, an increase or any provision unreasonable, it may refuse to enforce it, enforce the remainder without the unreasonable provision, limit its application to avoid an unreasonable result, award a refund or a reduction in future rent, or grant other equitable relief. § 723.033(1). Arbitrators and mediators apply the same standards. § 723.033(7). The section has not been amended since 1990.
Note who decides. The Division has the power to enforce Chapter 723 generally, but it expressly "does not have the power or duty to enforce mobile home park rules and regulations or to enforce the provisions of ss. 723.022, 723.023, and 723.033." § 723.005. Reasonableness is a court question, reached through mediation first. A rule holds up better when the park owner can answer four questions about it:
- What legitimate park purpose does it serve, in terms of health, safety, appearance or the quiet enjoyment of other residents rather than preference?
- Is it consistent with what the prospectus promised residents about the park, its facilities and its services?
- Does it impose a fee, fine or charge? If so, is that charge in the prospectus, and has § 723.037 been satisfied?
- Can it be applied the same way to every resident it reaches, and has it been?
Uniform enforcement is a statutory requirement, not a best practice
The closing sentence of § 723.061(1)(c) is short and absolute: "A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction." A park that has tolerated the same boat in the same driveway for six years cannot make one resident the test case. The chapter defines the problem directly: "Discrimination or discriminatory means that a homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment." § 723.003(1).
Two more provisions raise the cost of uneven enforcement. Every rental agreement and every duty under the chapter carries an obligation of good faith and fair dealing, and a court that finds noncompliance "shall award reasonable costs and attorney's fees to the prevailing party for proving the noncompliance." § 723.021. And it is unlawful to discriminatorily increase rent, discriminatorily decrease services, or bring or threaten an action for possession primarily in retaliation against a homeowner who complained in good faith to a code enforcement agency, organized or participated in a homeowners' organization, or complained about a failure to comply with § 723.022. Retaliation is a defense to a possession action, and the park owner defeats it only by proving good cause. § 723.0615.
The notice and cure sequence before any remedy
This is the provision that surprises park owners coming from condominium or HOA practice. For an ordinary rule violation, Chapter 723 does not permit an immediate eviction. It builds a two-violation structure, and every step has to be documented as it happens. § 723.061(1)(c).
| Situation | What § 723.061(1)(c) requires |
|---|---|
| First violation, ordinary rule | No termination on this ground alone. Give written notice within 30 days after the violation, specifying the actions that caused it and giving 7 days to correct the noncompliance. |
| First violation that endangered life, health, safety or property, or the peaceful enjoyment of the park | Termination is available, with 7 days after delivery of the notice to vacate. The endangering character must be found by a court, so this is a litigation position, not a mailing decision. |
| Second violation of the same rule within 12 months | Termination is available only if the earlier 30-day notice with 7 days to cure was given, and the resident must receive notice of the ground at least 30 days before the date to vacate. |
| Cure after the second violation | Not a defense. A second violation within 12 months "is unequivocally a ground for eviction, and it is not a defense to any eviction proceeding that a violation has been cured after the second violation." |
| Violation more than a year after the first | Not a ground for eviction under this section. The 12-month clock resets. |
Read that table as a records requirement. The 30-day notice after the first violation is what makes the second violation actionable, and it must specify the conduct and give the 7 days. A park that skips it and waits for a pattern has no usable pattern. Our guide to evictions under Chapter 723 covers the remaining grounds and the service requirements in § 723.061(4).
Remedies short of eviction
Eviction is the remedy Chapter 723 describes in detail, and it is the one park owners reach for least willingly, because it puts the home itself in play. The practical alternatives are narrower than in a condominium but they exist.
- Injunctive and declaratory relief. A park owner may sue to enforce a rule without seeking possession. In a proceeding between private parties to enforce the chapter, the prevailing party is entitled to a reasonable attorney's fee, "except as provided in s. 723.037." § 723.068.
- Charges the prospectus authorizes. Where the prospectus provides for a fee and § 723.037 has been satisfied, it can be billed. It is collected by suit, not by lien.
- Local code enforcement. The homeowner must comply with building, housing and health codes, bears local-government fines, and must keep the lot clean, neat and sanitary in compliance with all local codes. § 723.023(1), (2). For a derelict shed, a code officer is often faster than a lawsuit.
- Written approval requirements. A homeowner must receive written approval before any exterior modification or addition to the home. § 723.023(4). That is the subject of our guide to replacement homes and lot improvements.
- Entry onto the lot, within limits. There is no right of access to the home without the homeowner's prior written consent, revocable at any time, except to prevent imminent danger. Entry onto the lot is permitted for utility repair and replacement and for protection of the park at reasonable times. § 723.025.
What is not available: a suspension of use rights of the kind condominium boards impose, and a fine adopted by management without prospectus authority. The Division is not an alternative either. Its cease and desist and class action powers, and its civil penalties of up to $5,000 per separate violation or per day of a continuing violation and up to $250 for a minor violation, run against park owners, developers and homeowners' associations, not against a resident who parks a boat in the wrong place. § 723.006.
One last fee rule catches people out. A party who refuses to mediate on proper request is not entitled to attorney's fees in any action relating to a dispute described in § 723.037. § 723.037(6). Sequencing matters more than any single rule: adopt with the prospectus in hand, change on the 90-day track with the committee meeting documented, enforce the same way against everyone, and paper the first violation before there is a second one.
Frequently Asked Questions About Mobile Home Park Rules
Can a mobile home park fine a resident for breaking a rule?
Only if the prospectus or offering circular provides for the charge and the park owner has complied with § 723.037 first. Section 723.035(2) bars a rule from providing for any fee, fine, assessment or charge otherwise. Chapter 723 contains no general fining authority and no fining committee, so a fine schedule created by management alone is unenforceable.
How much notice does a park owner have to give before changing a rule?
At least 90 days' written notice before the change takes effect, to each affected mobile home owner and to the homeowners' association board if one exists. § 723.037(1). A homeowners' committee meeting must also be held no later than 60 days before the effective date. Rules required by a governmental entity to protect public health, safety and welfare may be enforced sooner.
Can we evict a resident the first time they break a rule?
Usually not. Under § 723.061(1)(c), termination on a first violation requires an act found by a court to have endangered life, health, safety or property, or the peaceful enjoyment of the park. For an ordinary violation the park owner must give written notice within 30 days specifying the conduct and allowing 7 days to cure, then wait for a second violation of the same rule within 12 months.
What does "unreasonable" mean when residents challenge a rule?
Chapter 723 defines it: arbitrary, capricious, or inconsistent with the chapter. § 723.003(20). A court may refuse to enforce an unreasonable provision, limit how it applies, or award a refund or a reduction in future rent under § 723.033(1). The Division has no authority to decide the question, so it goes to mediation and then to court.
Does the Division of Florida Condominiums, Timeshares, and Mobile Homes enforce park rules?
No. Section 723.005 gives the Division power to enforce Chapter 723 generally but expressly withholds authority to enforce park rules and regulations or §§ 723.022, 723.023 and 723.033. Rule disputes go through the § 723.037 committee process, then Division-administered mediation under § 723.038, then to court.
Can the park owner enter a resident's home to check on a rule violation?
No. Section 723.025 gives the park owner no right of access to the mobile home without the homeowner's prior written consent, except to prevent imminent danger to an occupant or to the home. The park owner may enter the lot for utility repair and replacement and for protection of the park at reasonable times, without unreasonably interfering with quiet enjoyment.
Contact Hamilton Mikes
Hamilton Mikes advises mobile home community owners, managers and boards in Lee, Collier and Charlotte Counties on drafting and changing park rules, running the § 723.037 notice and committee process, and enforcing rules without losing the ability to enforce them. Call 239-594-7227 or visit our Covenant Enforcement page.
Statutes and authorities referenced
- § 723.002(1), Fla. Stat. (application of the chapter; 10 or more lots offered for rent or lease)
- § 723.003(1), (20), Fla. Stat. (definitions of "discrimination" and "unreasonable")
- § 723.005, Fla. Stat. (Division enforcement authority; carve-out for park rules and §§ 723.022, 723.023, 723.033)
- § 723.006, Fla. Stat. (Division powers; civil penalties at (5)(e) and minor violations)
- § 723.011(1)(a), Fla. Stat. (prospectus filing and delivery; parks of 26 or more lots)
- § 723.012(11), Fla. Stat. (prospectus must contain the rules and how they are set or changed)
- § 723.021, Fla. Stat. (good faith and fair dealing; fees for proving noncompliance)
- § 723.023(1), (2), (4), Fla. Stat. (homeowner obligations; codes, lot condition, written approval of exterior modifications)
- § 723.025, Fla. Stat. (park owner's access to the home and the lot)
- § 723.031(1), (10), Fla. Stat. (rental agreement may not conflict with the chapter; rules and prospectus incorporated)
- § 723.032(2), Fla. Stat. (provisions waiving chapter rights are void)
- § 723.033, Fla. Stat. (unreasonable lot rental agreements, increases and changes; remedies at (1); standards at (7))
- § 723.035, Fla. Stat. (posting of rules at (1); no fee, fine, assessment or charge by rule at (2))
- § 723.037(1)–(7), Fla. Stat. (90-day notice; committee meeting; mediation petition; fee forfeiture for refusing to mediate)
- § 723.061(1)(c), Fla. Stat. (eviction for violation of a rule; first and second violation structure; no arbitrary application)
- § 723.0615, Fla. Stat. (retaliatory conduct)
- § 723.068, Fla. Stat. (prevailing party attorney's fees, except as provided in s. 723.037)
- Ch. 2024-123, Laws of Fla. (CS/CS/CS/HB 613, amending § 723.037 effective July 1, 2024)