Form Bpr 34 001 – Fill Out and Use This PDF

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

NORTHWOOD CENTRE - 1940 NORTH MONROE STREET

TALLAHASSEE, FLORIDA 32399-1032

MEDIATION PROCEDURES FOR HOMEOWNERS

1)WITHIN 30 DAYS AFTER THE COMMITTEE MEETING WITH THE PARK OWNER, THE HOMEOWNERS MAY PETITION THE DIVISION TO INITIATE MEDIATION BY MAILING OR DELIVERING THE FOLLOWING ITEMS TO THE DIVISION:

1.A completed BPR form 34-001,

2.A copy of the written designation, signed by a majority of the affected homeowners, designating that:

a.The lot rental increase is unreasonable,

b.The rental increase has made the lot rental amount unreasonable,

c.The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable, or

d.The change in rules and regulations is unreasonable,

3.A copy of the records which verify the selection of the homeowners' committee, and

4.A copy of the notice of change.

2)EFFECTIVE APRIL 8, 1992, SECTION 723.038(4), FLORIDA STATUTES, AS AMENDED BY THE 1992 LEGISLATURE, PROVIDES THAT UPON RECEIVING A PETITION TO MEDIATE A DISPUTE, THE DIVISION SHALL, WITHIN 20 DAYS, NOTIFY THE PARTIES THAT A MEDIATOR HAS BEEN APPOINTED BY THE DIVISION. THE PARTIES MAY ACCEPT THE MEDIATOR APPOINTED BY THE DIVISION OR, WITHIN 30 DAYS, SELECT A MEDIATOR TO MEDIATE THE DISPUTE. THE PARTIES SHALL EACH PAY A $250 FILING FEE TO THE MEDIATOR APPOINTED BY THE DIVISION OR SELECTED BY THE PARTIES, WITHIN 30 DAYS AFTER THE DIVISION NOTIFIES THE PARTIES OF THE APPOINTMENT OF THE MEDIATOR. THE $250 FILING FEE SHALL BE USED BY THE MEDIATOR TO DEFRAY THE HOURLY RATE CHARGED FOR MEDIATION OF THE DISPUTE. ANY PORTION OF THE FILING FEE NOT USED SHALL BE REFUNDED TO THE PARTIES.

3)DO NOT SEND MONEY TO THE DIVISION WITH THE PETITION! UPON NOTIFICATION BY THE DIVISION THAT A MEDIATOR HAS BEEN APPOINTED TO MEDIATE THE DISPUTE, THE PARTIES SHALL HAVE 30 DAYS FROM THE DATE STATED ON THE NOTICE TO MAIL OR DELIVER THE FILING FEE TO THE MEDIATOR APPOINTED BY THE DIVISION.

The name, address, and phone number of each member of the homeowners’ committee must be listed above, and the petition must be signed by one or more of the committee members of the homeowners’ committee.

The name, address and phone number of the park owner, or subdivision developer, must be listed above.

STATEMENT OF DISPUTE

We the undersigned, in accordance with the Florida Statutes, Section 723.037(5), dispute the change noticed by the park owner in that:

Choose one or all of the following

Depending on the nature of the change.

a)The rental increase is unreasonable,

b)The rental increase has made the lot rental amount unreasonable,

c)The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable,

d)The change in the rules and regulations is unreasonable.

We designate the committee previously chosen to meet with the park owner on this change to represent us in this dispute before the Division of Florida Condominiums, TIMESHARES, and Mobile Homes. We hereby authorize the committee to mediate this dispute.

The number of mobile home lots affected by the proposed change is

______.

PRINT NAMESLOT NO. SIGNATUREDATE

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COMMITTEE DESIGNATION BY A HOMEOWNERS’ ASSOCIATION

PARK NAME: _______________________________________________________

ADDRESS: _______________________________________________________

_______________________________________________________

We, the undersigned, as Board of Directors of ___________________

_________________________________________________________________

(Park Name)

in accordance with Florida Statutes, Section 723.037, designate the following five (5) member committee to represent our interests to the above-stated mobile home park owner relating to changes in lot rental amounts, park rules and regulations, and changes in utilities/services. We further authorize this committee to represent our interests in any subsequent mediation proceedings that may arise.

4.______________________________________________________________.

COMMITTEE DESIGNATION BY A MAJORITY OF HOMEOWNERS

PARK NAME: _______________________________________________________

ADDRESS: _______________________________________________________

_______________________________________________________

We, the undersigned, as homeowners of __________ ________

__________________________________________________________ _______

(Park Name)

in accordance with Florida Statutes, Section 723.037, designate the following five (5) member committee to represent our interests to the above-stated mobile home park owner relating to changes in lot rental amounts, park rules and regulations, and changes in utilities/services. We further authorize this committee to represent our interests in any subsequent mediation proceedings that may arise.