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FMOnews September/October 2013 The Official Publication of the Federation of Manufactured Home Owners of Florida, Inc. !! ber em 16 EW M ge Nm iu m re FMO News P p i sh a P ee S 1 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 admin@fmo.org Administrative Assistant Jane Clapp jane@fmo.org Member Services Manager Beth Pankow members@fmo.org 2 FMO News FMO News Editor Art/Production Director Jennifer Tobin editor@fmo.org Account Executive Joyce Stanton ads@fmo.org 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: jinsura1@tampabay.rr.com 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 fmosupplies@fmo.org 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: pres@fmo.org Vice-President George dunn (813) 774-9918 E-mail: GDunn524@tampabay.rr.com 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: RBrewerFMO@earthlink.net Fred Cole, jr. (352) 236-5602 E-mail: bandfcole@aol.com Richard Twort (386) 760-7140 E-mail: richardtwort@yahoo.com BILL WILLIAMS (863) 679-8500 E-mail: billouwms@hotmail.com Directors of Sections Section I OLIVER MARSTELLER (813) 645-1224 E-mail: opmars2@yahoo.com Section II jack berg (941) 776-3732 E-mail: jbandjbfl@earthlink.net 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: JimNewmanFMO@aol.com Section IX TBA 3 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: herbdarlenebush@aol.com District 5 (Manatee) Earl Dennis - President Phone: (941) 524-0738 E-mail: earl@earldennis.com District 10 (Hillsborough) Robert Redhouse - President Phone: (813) 645-8636 E-mail: bobredhouse@msn.com District 7 (Charlotte, Lee, Collier, Hendry) John Bowman - President Phone: (708) 214-8142 E-mail: pres.jon@comcast.net SECTION III - DISTRICTS 14, 16 District 8 (Sarasota) William Greenaway - President Phone: (941) 923-9788 E-mail: wagwlg@webtv.net District 14 (Volusia, Flagler, Duval, St. Johns, Santa Rosa) John Hoyt - President Phone: (386) 322-7184 E-mail: hoytjohnf_@hotmail.com District 16 (Seminole, Orange, Osceola) Frederick Berry - President8 Phone: (407) 572-4591 E-mail: fredfmo16vp@yahoo.com SECTION V - DISTRICTS 1, 6 District 1 (Polk) David Carr - President Phone: (863) 816-6925 FMO News E-mail: dwcarr@rogers.com SECTION IV - DISTRICTS 12, 12A District 12 (Broward, Dade, Monroe) Richard Thomas - President Phone: (954) 415-7836 E-mail: thomasrj1945@yahoo.com District 12A (Martin, Palm Beach) TBA SECTION VI - DISTRICTS 3, 13 District 3 (Lake) John Petrella - President Phone (352) 669-6936 E-mail: jdp44emporia@aol.com District 6 (De Soto, Glades, Hardee, Highlands) Blanche Chafe - Vice President Phone: (863) 314-9943 E-mail: tishfl@embarqmail.com Phone: E-mail: ingler46@embarqmail.com District 13 (Marion, Alachua, Putnam) Robert Bull - President Phone (352) 237-0877 E-mail: bobthebull5525@yahoo.com 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: JimNewmanFMO@aol.com District 9 (Brevard) Sue Leahy - President Phone: (321) 622-5437 E-mail: fmosue@gmail.com 4 FMO News District 11 (Pasco – West of US 41, Hernando) Ann La Fountain - President Phone: (727) 869-1459 E-mail: annloufl@aol.com 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% 6 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: herbdarlenebush@aol.com. 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: joyce@fmo.org 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 arrowmust 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 Mastercard MISCELLANEOUS 61 313 FMO Decal FMO Bookmarks To pay with credit card: $1 Visa 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: editor@fmo.org 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 jbandjbfl@earthlink.net (941) 776-3732 George Dunn – Co-Leader gdunn524@tampabay.rr.com (813) 774-9918 Richard Twort - Co-Leader RichardTwort@yahoo.com (386) 760-7140 Send a copy of your complaint to the FMO office below: FMO ATTN: Jane Clapp 4020 Portsmouth Rd. Largo, FL 33771 jane@fmo.org (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: editor@fmo.org 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 Renew Now, Program Available Immediately! Full Credit for Current FMO Membership Period! Discounts at Home Depot! Auto Repair? Discounts at The Tire Rack and Sears! Discounts at Kohl’s, Target, Lands End, and The Container Store!! 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. - beth@fmo.org 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 beth@fmo.org. . 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 members@fmo.org. 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: members@fmo.org Thank you for joining the only organization fighting for the rights of manufactured/mobile home owners! Date: _______________ Name: ___________________________________________________________ Check Amount: _____________________ Check Number: _________________________________ Forget about Unexpected Home Repair Bills! “Exclusive Pricing” En joy -W orr bu y Fr dg ee P etblo eace win of Min gh d by o es. harg c c i ost urly iagn d e v rates i xcess , poor service, high s, and e parts and labor cost Heater Water Heater Air Conditioner Broken Pipe Oven/Range Refrigerator Dishwasher Washer/Dryer Electrical $310-$1000+ $185-$500+ $450-$1000+ $150 - $500+ $200-$500+ $300-$500+ $150-$500+ $160-$500+ $110-$500+ $55 $55 $55 $55 $55 $55 $55 $55 $55 PLUS Ceiling Fans, Garage Door Opener, Ice Maker, Built in Microwave, Garbage Disposal, Etc. FREE!! 1 YEAR FMO MEMBERSHIP Plans starting at less than a dollar a day. Available on all homes regardless of age or size. One phone number 24/7/365 in the event of a home system or appliance breakdown. Emergency service included. TakeAdvantage Advantageof of Take EXCLUSIVE FMOFMO Pricing NOW EXCLUSIVE Pricing –– Call Now 1-877-752-6794 Call Now 1-877-752-6794or orvisit visit http://www.arwplans.com/FMO http://www.arwplans.com/FMO 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 bajoczka@tcc.fl.edu 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 editor@fmo.org. 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 800-226-6677 800-226-1334 800-522-3134 800-282-3572 AMS is Rated Florida’s #1 Remodeler by Qualified Remodeler Magazine AMS OFFERS THE BEST IN: **FREE ESTIMATES** Evening & Weekend Appointments Available. FMO News Aluminum Roofovers • Vinyl Siding • Acrylic Lanais Carports • Storm Protection • Screen Rooms Awnings • Window Replacements Licensed & Insured CG CO33977 • CC CO42787 Visit Our Website www.AMSOFFLA.com MADE IN THE 100% FINANCING AVAILABLE (with approved credit) 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 joyce@fmo.org 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 jane@fmo.org 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:Call.Center@dbpr.state.fl.us 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: Beth@fmo.org ** 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 buy your park. Are you ready? Specializing in Resident Owned Communities 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 and organizing the sales and financing effort through the closing. We even help you set up the management after you become the owners. Community Management. Our licensed Community Association Managers have extensive experience in providing ongoing management for your board. 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: Beth@fmo.org ** 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 Lifestyle Choice Realty, Inc. 280 LaVista Dr. West, Winter Springs, FL 32708 Call Toll-Free: 1-866-527-3258 www.LifestyleChoiceRealty.com 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 Cross Country Motor Club = Premium Roadside Service $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 U Custom Computerized Trip Routing/Map Service U Reimbursement for Emergency Travel Expense U Emergency Message Service U Auto/Truck/RV Rental Discounts U Hotel/Motel Discounts U Spouse covered at no extra charge U Much much more! COMPARE Benefit Emergency Road Service Theft Reward Decal Emergency Message Service Custom Trip Routing/ Map Service Annual Cost Cross Country AAA Allstate Motor Club Yes up to $5,000 reward will call 3 family members Yes up to $1,000 reward not available Yes up to $5,000 reward not available Yes Yes Yes $66/first year $66/renewal $52.00 * $30 add’l member $30 YES...I want to Join Cross Country Motor Club Date: _______________________ FMO Membership #:_________________________________________ Member : ____________________________________ Secondary Member: __________________________ 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 ads@fmo.org 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! FMO Classifieds Each issue is posted on the FMO website. To stop hard copy mailing, call the FMO office or email members@fmo.org mobilehome.net Advertise your Home Sale on the Manufactured Home MLS. For a onetime fee, your home sale info, including 5 photos remains advertised “UNTIL SOLD”! Get nationwide exposure for your home sale. 1-940-2319188. www.mobilehome.net Proudly Roofing Since 1985 For advertising information call Joyce at 727-530-7539. WANTED! Like to help others? Keep people informed? Why not spend a few hours each month volunteering for the FMO. If your community already has a rep, consider becoming an assistant. Additionally, larger communities need many reps to meet the needs of their members. 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