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The BPR 34-001 form is a vital document for homeowners in Florida's mobile home parks, designed to facilitate mediation when disputes arise regarding lot rental increases, changes in services, or modifications to park rules. Homeowners can utilize this form to formally petition the Division of Florida Land Sales, Condominiums, and Mobile Homes for mediation within a specific timeframe after discussing their concerns with the park owner. Essential components of the form include a majority vote from affected homeowners indicating the nature of their grievances and documentation of prior discussions with the park owner. After submitting the completed form, a mediator will be appointed, helping the parties work collaboratively toward a resolution without escalating the conflict further. The mandatory filing fee for mediation and detailed requirements for submitting the form are clearly outlined, making the process somewhat straightforward. Understanding the intricacies of this form is crucial for homeowners seeking equitable treatment and resolution of their concerns in a structured and fair manner.

Bpr 34 001 Example

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.

BPR 34-001

8/94

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES

NORTHWOOD CENTRE - 1940 NORTH MONROE STREET

TALLAHASSEE, FLORIDA 32399-1032

PETITION FOR MEDIATION BY HOMEOWNERS

We, the undersigned, hereby request that the Division of Florida Land Sales, Condominiums and Mobile Homes appoint a qualified mediator to mediate the disputes set forth in this petition:

We understand and agree that the parties shall be responsible for paying the mediator fee as required by Section 723.038(4), Florida Statutes, which was amended during the 1992 Legislative Session. Effective April 8, 1992, 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.

This is a dispute concerning the reasonableness of an increase in the lot rental amount, reduction in services or utilities, or changes in the rules and regulations at:

________________________________________________________________

NAME OF MOBILE HOME PARK OR SUBDIVISION

________________________________________________________________

ADDRESS OF MOBILE HOME PARK OR SUBDIVISION

________________________________________________________________

CITY

STATE

ZIP

Please indicate the type of park (check only one):

___ Mobile Home Park

___ Mobile Home Subdivision

A meeting was held on _______________________________________ between the

homeowners’ committee and the park owner/subdivision developer to discuss the proposed change, but no agreement was reached as to the reasonableness of the proposed change.

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

___

Yes

Has a majority of the affected homeowners designated in writing

 

 

that the change is unreasonable?

___

No

 

 

(If a mobile home is owned jointly, the joint owners shall be counted

 

 

as one for determining the majority. ONLY ONE VOTE PER MOBILE HOME

 

 

LOT SHALL BE COUNTED.)

 

 

Page 1 of 2

BPR 34-001

 

 

 

Rev.8/94

Page 2 of 2

 

 

 

 

 

 

 

 

HOMEOWNERS’ COMMITTEE

NAME

_____________________

_________________________

ADDRESS

_____________________

SIGNATURE

 

_____________________

 

PHONE

(

)

-

.

 

NAME

_____________________

_________________________

ADDRESS

_____________________

SIGNATURE

 

_____________________

 

PHONE

(

)

-

.

 

NAME

_____________________

_________________________

ADDRESS

_____________________

SIGNATURE

 

_____________________

 

PHONE

(

)

-

.

 

NAME

_____________________

_________________________

ADDRESS

_____________________

SIGNATURE

 

_____________________

 

PHONE

(

)

-

.

 

NAME

_____________________

_________________________

ADDRESS

_____________________

SIGNATURE

 

_____________________

 

PHONE

(

)

-

.

 

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.

NAME

_____________________

ADDRESS

_____________________

 

_____________________

PHONE

(

)

-

.

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

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

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.

COMMITTEE MEMBERS

 

 

PHONE

1.

 

 

 

.

2.

 

 

 

.

3.

 

 

 

.

4.

 

 

 

.

5.

 

 

 

.

ALTERNATE COMMITTEE MEMBERS

____

__

PHONE

1.

 

 

.

2.

 

 

.

BOARD OF DIRECTORS

 

 

 

 

 

PRINT NAMES

LOT NO.

SIGNATURES

DATE

 

1.

 

 

 

.

2.

 

 

.

3.

 

 

.

4.______________________________________________________________.

5.

.

6.

.

7.

.

8.

.

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.

COMMITTEE MEMBERS

 

 

PHONE

1.

 

 

 

.

2.

 

 

 

.

3.

 

 

 

.

4.

 

 

 

.

5.

 

 

 

.

ALTERNATE COMMITTEE MEMBERS

 

 

PHONE

1.

 

 

 

.

2.

 

 

.

SIGNATURES OF HOMEOWNERS

 

 

 

 

PRINT NAMES

LOT NO.

SIGNATURES

DATE

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

 

 

 

 

.

Form Characteristics

Fact Name Description
Purpose The BPR 34-001 form is a petition for mediation by homeowners regarding disputes with park owners about lot rental increases, service reductions, or rule changes.
Submission Deadline Homeowners must submit the completed BPR 34-001 form within 30 days after a meeting with the park owner.
Filing Fee Each party must pay a $250 filing fee to the appointed mediator within 30 days of notification by the Division of Florida.
Governing Law The form falls under Section 723.038(4) of the Florida Statutes, which was amended in 1992, governing mediation for disputes.

Guidelines on Utilizing Bpr 34 001

Completing the BPR 34 001 form can be an essential step for homeowners seeking mediation regarding disputes with their park owner. After filling out the form, it is important to ensure that the necessary documentation is included and submitted within the required timeframes. The next steps will involve mailing or delivering your completed form and supporting documents to the Division of Florida Land Sales, Condominiums, and Mobile Homes.

  1. Obtain the BPR 34 001 form from the Department of Business and Professional Regulation.
  2. Carefully read the instructions outlined on the form to understand the requirements.
  3. Fill in the name of the mobile home park or subdivision in the designated space.
  4. Provide the address, city, state, and zip code of the mobile home park or subdivision.
  5. Select the type of park by checking one box: either Mobile Home Park or Mobile Home Subdivision.
  6. Indicate the date of the meeting that occurred between the homeowners’ committee and the park owner.
  7. State the number of mobile home lots affected by the proposed change.
  8. Answer whether a majority of affected homeowners has designated in writing that the change is unreasonable.
  9. List the names, addresses, and phone numbers of each homeowner committee member, ensuring all required signatures are obtained.
  10. Detail the name, address, and phone number of the park owner or subdivision developer.
  11. Select one or more options from the listed disputes that reflect your concerns regarding the changes that have occurred.
  12. Designate the homeowners' committee to represent the affected residents in mediation.
  13. Ensure all committee members acknowledge their willingness to mediate by signing the form.
  14. Review the form for accuracy and completeness before submission.
  15. Mail or deliver the completed BPR 34 001 form along with the following additional documents to the Division: a copy of the written designation, a copy of the records verifying the selection of the committee, and a copy of the notice of change.

What You Should Know About This Form

What is the BPR 34 001 form used for?

The BPR 34 001 form is a petition for mediation by homeowners in Florida mobile home parks. It allows homeowners to formally request mediation for disputes regarding lot rental increases, reductions in services, or changes in park rules. By submitting this form, homeowners can initiate a process aimed at resolving conflicts that affect their living conditions and financial obligations in the community.

Who can submit the BPR 34 001 form?

Any affected homeowners or their designated committee can submit the BPR 34 001 form. A majority of the homeowners must sign a written designation to confirm that they believe the changes being proposed by the park owner are unreasonable. This ensures that the concerns being addressed represent the majority opinion of those affected within the mobile home park.

What documents must accompany the BPR 34 001 form?

When submitting the BPR 34 001 form, homeowners need to include several key documents. These include: 1) A completed BPR 34 001 form, 2) A signed copy of the written designation from a majority of affected homeowners that outlines the basis for the mediation request, 3) Records verifying the selection of the homeowners' committee, and 4) A copy of the notice of change provided by the park owner. These documents help verify the legitimacy of the petition and provide context to the dispute.

What fees are associated with the mediation process?

There is a $250 filing fee that each party must pay. This fee applies whether a mediator is appointed by the Division or selected by the parties involved. Homeowners must pay this fee within 30 days once notified about the mediator's appointment. Importantly, do not send any money with the initial petition to the Division. Any unused portion of the fee, once mediation is completed, will be refunded to the parties. Understanding these costs is crucial for all homeowners considering this process.

Common mistakes

Filling out the BPR 34-001 form can be crucial for homeowners seeking mediation. However, several mistakes often occur during this process. One common error is neglecting to gather the necessary documentation before starting the form. Homeowners should ensure they have the written designation signed by the majority of affected homeowners, along with the records verifying the selection of the homeowners' committee. Without these documents, the form may not be accepted.

Another issue arises from misinterpreting the required information. For example, failing to correctly specify the type of park can lead to delays. The form has options for "Mobile Home Park" and "Mobile Home Subdivision." Choosing the wrong designation could require additional follow-up or lead to the rejection of the petition.

Additionally, it is vital for homeowners to provide accurate responses to questions regarding the impact of the proposed changes. Omitting important details or not providing a clear rationale for disputing changes can hinder the process. Homeowners should articulate the specific reasons why they believe the changes are unreasonable, addressing all relevant points listed in the form.

In some cases, signatures can be problematic. Homeowners often forget to include all required signatures from committee members. Each member must sign and provide their contact information. If signatures are missing, the petition might be incomplete, leading to delays or outright rejection.

Moreover, submitting the form without first verifying all written details can create issues. Errors in names, addresses, or numbers can complicate communication with the Division. A simple typo might result in further inquiries or a need for clarification, which can unnecessarily prolong the process.

Finally, another common mistake is not adhering to the timeline established for mediation requests. Homeowners must submit the form within 30 days after the committee meeting with the park owner. Missing this deadline can lead to automatic dismissal of the request for mediation, requiring homeowners to restart the process.

Documents used along the form

When preparing to initiate mediation regarding disputes in mobile home parks, several documents may accompany the BPR 34 001 form. Each document plays a crucial role in supporting your case. Below is a list of these forms along with brief descriptions.

  • Written Designation: This document needs to be signed by a majority of the affected homeowners. It must clearly state the specific issues being disputed, such as unreasonable lot rental increases or decreased services.
  • Records of Homeowners' Committee Selection: This includes documentation verifying how the homeowners' committee was established. This record helps affirm the representation of the affected homeowners.
  • Notice of Change: A copy of the official notice issued by the park owner regarding any changes in lot rental amounts, services, or rules is required. This notice serves as the basis for the dispute.
  • Petition to Mediate: This document formally requests the mediation process. It outlines the homeowners' allegations and provides background information necessary for the mediator.
  • Mediator Selection Form: If the homeowners decide to select their own mediator instead of accepting the one appointed by the division, they must fill out this form clearly indicating their choice.
  • Fee Payment Confirmation: This document confirms the payment of the required mediator fee. It ensures that all parties are in compliance with the financial obligations of the mediation process.
  • Homeowners' Association Resolution: If applicable, this form reflects the official stance of a homeowners' association regarding the mediation. It validates the association's support for the action being taken.

Each of these documents is essential in creating a comprehensive petition for mediation. Ensuring all required forms are accurately completed and submitted will help facilitate a smoother mediation process. Your concerns are valid, and the right documentation will support your efforts in addressing these issues effectively.

Similar forms

The BPR 34 001 form serves as a crucial document within mediation procedures for homeowners in Florida. However, it shares similar features and purposes with several other documents. Here’s a look at six such documents and how they relate to the BPR 34 001 form:

  • Petition for Mediation: Like the BPR 34 001, this document requests the appointment of a mediator, allowing homeowners to formally address disputes regarding rental increases or changes in park rules.
  • Mediation Agreement: This document outlines the terms agreed upon by the parties during mediation. It complements the BPR 34 001 by providing a framework for resolving disputes amicably.
  • Homeowners' Committee Designation: This document designates a committee to represent homeowners in mediation. It is similar to the BPR 34 001 in that both necessitate a majority agreement from affected homeowners.
  • Notice of Change: A key component in the mediation process, this document notifies homeowners of any changes that may spark disputes. It is akin to the BPR 34 001 in addressing issues stemming from those changes.
  • Verification Records Form: This form provides evidence of homeowners' committee selections. Like the BPR 34 001, it plays a pivotal role in verifying the legitimacy of the mediation request.
  • Filing Fee Acknowledgment: Similar to the BPR 34 001, this document confirms the payment of mediation fees, ensuring both parties are informed of financial responsibilities in the mediation process.

Understanding these parallels can empower homeowners to navigate the mediation process more effectively. Each document plays a distinct role, yet collectively they foster a fair and orderly resolution to disputes.

Dos and Don'ts

When filling out the BPR 34 001 form, it's important to follow certain guidelines to ensure your submission is correct and efficient. Below are five things that you should and shouldn't do during this process.

  • Do ensure all sections of the form are completed accurately.
  • Do include the proper designation from the affected homeowners regarding the dispute.
  • Do submit a copy of the records that verify the selection of the homeowners' committee.
  • Do mail or deliver the completed form within 30 days after the committee meeting with the park owner.
  • Do keep a copy of the submitted form for your records.
  • Don’t send any money to the Division with your petition.
  • Don’t forget to obtain the majority signature from the affected homeowners.
  • Don’t leave any required sections blank, as this can delay the process.
  • Don’t overlook the importance of deadlines; timely submission is key.
  • Don’t wait to respond after receiving a notification about the mediator; act promptly.

Misconceptions

Many misunderstandings exist regarding the Bpr 34 001 form. Clearing up these misconceptions is essential for homeowners navigating the mediation process related to their mobile home parks. Below are ten common misconceptions along with explanations.

  • The Bpr 34 001 form is optional. Some people believe that completing the form is not necessary for mediation. In reality, it is a required step for initiating the mediation process.
  • You can submit the form without majority support. Many homeowners mistakenly think they can petition without the written designation from a majority of affected homeowners. This designation is mandatory.
  • There is no deadline to submit the form. Homeowners often assume that they can take their time. However, the form must be submitted within 30 days after the committee meeting with the park owner.
  • Sending money with the petition is allowed. Some believe it is acceptable to include the $250 filing fee with the petition. This is incorrect; funds should not be sent until notified of the mediator's appointment.
  • All disputes can be mediated using this form. Not every conflict qualifies for mediation through this process. The form specifically addresses disputes related to lot rent increases or changes in services.
  • The $250 filing fee is collected by the Division. People often think the fee goes to the Division of Florida, but it is actually paid to the mediator.
  • Once the form is submitted, no further action is required. It is a misconception that submitting the form is the final step. Homeowners must also be attentive to future instructions and deadlines.
  • You can select any mediator you want. While homeowners can select their mediator, they must do so within 30 days of being notified about the appointed mediator by the Division.
  • The information on the form is confidential. Many believe their submissions are kept private. However, information about disputes may be made public during mediation.
  • Submitting the form guarantees mediation. Some homeowners assume that completing the form automatically ensures that the mediation will happen. While it starts the process, the Division must still review the submission.

Key takeaways

Here are some key takeaways about filling out and using the BPR 34 001 form:

  • The form must be submitted within 30 days after a committee meeting with the park owner to initiate mediation.
  • Collect required documents, including a completed BPR 34 001 form and signatures from a majority of affected homeowners, before submission.
  • Each party involved must pay a $250 filing fee to the mediator, within 30 days after being notified of the mediator's appointment.
  • Do not include any payments with the initial petition sent to the Division.
  • Be clear and specific when stating the nature of the dispute, as it may involve issues related to rental increases or changes in rules.