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Live in a Florida moblehome park and need to paint home. Can…

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Live in a Florida...

Live in a Florida moblehome park and need to paint home. Can the park owners restrict the colors? They want to improve colors without written guidelines. They disapprove of trim color even already on other homes>

Lawyer's Assistant: What steps have they taken so far? Have they prepared or filed any paperwork?

No they verbally turned down colors submitted.

Lawyer's Assistant: Have they talked to a FL lawyer about this?

Not that I am aware of. They simply threaten to evict if you contradict them and use paying for their legel fees as a threat.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 hour by:
3/16/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,893
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

While the Park Owner's can have specific rules they MUST be clearly articulated. The rules in this case are arbitrary as they have not set out specific acceptable color samples. Let me provide the law for you as well as how to file a complaint. Please give me a few moments and thank you in advance for your patience.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

This is a link for the law that governs Florida Mobile Home Parks for your reference http://www.myfloridalicense.com/dbpr/lsc/documents/723StatuteRuleBooklet081413.pdf

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

723.022 Mobile home park owner’s general obligations.—

A mobile home park owner shall at all times:

(1) Comply with the requirements of applicable building, housing, and health codes.

(2) Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness.

(3) Provide access to the common areas, including buildings and improvements thereto, at all reasonable times for the benefit of the park residents and their guests.

(4) Maintain utility connections and systems for which the park owner is responsible in proper operating condition. (5) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not unreasonably disturb the park residents or constitute a breach of the peace. History.—s. 1, ch. 84-80; s. 917, ch. 97-102. 723.023

Mobile home owner’s general obligations.—A mobile home owner shall at all times:

(1) Comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes.

(2) Keep the mobile home lot which he or she occupies clean and sanitary.

(3) Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and to conduct themselves in a manner that does not unreasonably disturb other residents of the park or constitute a breach of the peace..." http://www.myfloridalicense.com/dbpr/lsc/documents/723StatuteRuleBooklet081413.pdf

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

They cannot just turn down colors they must provided the acceptable colors.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

http://myfloridalicense.custhelp.com/app/answers/detail/a_id/2220/related/1/session/L2F2LzEvdGltZS8xNTIxMjIzNzA2L3NpZC9rKnk3OU5Ibg%3D%3D

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Are you online with me? What the Park is doing is called "Selective Enforcement" and that is not permitted under the law.

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