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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: FL Real Estate
Satisfied Customers: 118175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We live in mobile home park and they have advised us in

Customer Question

We live in mobile home park and they have advised us in writing that we may not buy a new trailer as we are considered by them "in accordance with Rule 19 of the Rules and Regulations, all tenants must be approved for residence by the landlord prior to sale. one factor that we consider is the applicants ability to get along peacefully with neighbors and other tenants of the park". "At this time, we are informing you that you do not have permission to purchase another home in Cypress Cove (that permission was given orally by the new General Manager). Further, any previos approval is officially rescinded." The notice was not on letterhead - however I asked the new GM and he has confirmed that he was there and approved it sent Certified mail. Can they force us to move and does this letter have any legal standing?
Submitted: 1 year ago.
Category: FL Real Estate
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem with these property associations is that they are allowed to set their rules. The park may approve sales in the park, but they may not unreasonably deny someone from making a purchase. So they would have to have good cause to deny you the right to purchase. If they sent a letter stating you are not approved, that is their right and you have a right to appeal it to the board and if they deny your appeal you can go to court if you can prove that the denial is arbitrary and capricious without good cause. I am afraid that the oral approval is not a substitute and cannot override the written determination of the board though.
However, if you have written approval and then another letter not on letterhead trying to deny you, the written approval would likely supersede the other notice and if they continue to deny you or try to forcibly evict you, then you can sue them to enforce the prior approval.