Complaint,Petition: Galway Bay Mobile Homeowners Association, Inc. vs BIZA Corp. d/b/a Galway Bay Mobile Home Park

On July 13, 2017 a Complaint,Petition was filed involving a dispute between Galway Bay Mobile Homeowners Association, Inc., and Biza Corp. D B A Galway Bay Mobile Home Park, for Other - Matters not falling within the other Civil Subcatego in the District Court of Monroe County.

Preview
|
J Filing #58971042 E-Filed 07/13/2017 01:26:24 PM

IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA.

GENERAL JURISDICTION DIVISION
CASE NO.:

GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC.;

Plaintiffs),

-Vs-

BIZA, CORP. D/B/A GALWAY BAY MOBILE HOME PARK;

Defendant(s).

COMPLAINT FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF

COMES NOW the Plaintiff, Galway Bay Mobile Homeowners Association, Inc.

(hereinafter referred to as “HOA”) and files this action against the Defendant, BIZA Corp. d/b/a

Galway Bay Mobile Home Park (hereinafter “Galway Bay”), and as grounds states:

1 This is an action for injunctive relief, declaratory relief, and compensatory

damages in excess of Fifteen Thousand Dollars ($15,000), exclusive of costs, attorney’s fees,

and seeks the enforcement of various provisions of Chapter 723, Florida Statutes, also known as

the Florida Mobile Home Act (hereinafter “Chapter 723”), governing mobile home park lot

tenancies in Florida.

2 The Plaintiff, Galway Bay Mobile Homeowners Association, Inc., is a Florida

Non Profit Corporation, licensed to do business in Florida, and is the duly constituted

Homeowners Association for Galway Bay Mobile Home Park located at 1361 Overseas

Highway, Marathon, Florida 33050, in Monroe County, Florida.
2
3 Plaintiff institutes this action pursuant to the provisions of Rule 1.222 of the
Florida Rules of Civil Procedure, on behalf of all mobile homeowners at Galway Bay Mobile

Home Park, concerning matters of common interest and pursuant to Chapter 723 of the Florida

Statutes, which governs mobile home park lot tenancies.

4 All prior conditions required for an action under the provisions of Chapter 723,

Florida Statutes have been satisfied by Plaintiff.

5 These requirements under Fla. Stat. §723.075(1) are: (a) two-thirds of the mobile

homeowners within Galway Bay provided written consent to the formation of the HOA and (b)

the HOA notified the owners of Galway Bay in writing of the names and addresses of its

officers.

6. Furthermore, the majority of mobile homeowners gave written consent, as

required under Florida Statutes §723.037 and § 723.038, for the Galway Bay Homeowners’

Committee to represent the homeowners in discussions regarding the proposed changes in the lot

rental amount, in park services or utilities, and/or in park rules and regulations.
7
Galway Bay Mobile Homeowners’ Association Inc. also complied with the two

requirements to bring an action on behalf of the mobile Homeowners, pursuant to Florida Rules

of Civil Procedure, Rule 1.222. The two requirements are: (a) the proper association formation,

requirement and (b) the common interest requirement.

APPLICABLE LAW

8 Chapter 723 of the Florida Statutes entitled “Mobile Home Park Lot Tenancies”

applies “to any residential tenancy in which a mobile home is placed upon a rented or leased lot

in a mobile home park in which 10 or more lots are offered for rent or lease.” Fla. Stat. §

723.002(1). A mobile home owner under Chapter 723 is “a person who owns a mobile home and

rents or leases a lot within a mobile home park for residential use.” Fla. Stat. § 723.003(5).
9 Chapter 723, as stated in the section entitled “Legislative Intent,” acknowledges

that “mobile home owners have basic property and other rights which must be protected.” Fla.

Stat. § 723.004(1). The statute was created to regulate the “unique” landlord-tenant relationship

that exists in mobile home parks, recognizing that “unique factors can affect the bargaining

position of the parties and can affect the operation of market forces.” Id.

10. In order to implement changes in the lot rental amount, in park services or

utilities, or in park rules and regulations, a mobile home park owner must first provide ninety-

day written notice to all affected mobile home owners. Fla. Stat. § 723.037. After a park owner

has given proper notice of a proposed change, Chapter 723 provides for a statutory dispute

resolution mechanism involving formal meetings and mediation to determine the reasonableness

of proposed changes. Fla. Stats. §§ 723.037 & 723.038; Fla. Admin. Code R. 61B-32.004. If no

agreement is reached through mediation, the parties may file an action in Circuit Court. Fla. Stat.

§ 723.0381.

11. Each mobile home park governed by Chapter 723 must have on file with the

Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of

Business and Professional Regulation (“the Division”) an approved prospectus which

“disclose[s| the representations of the mobile home park owner concerning the operations of the

mobile home park,” and which is deemed incorporated into the rental agreement. Fla. Stats. §§

723.011(3) & 723.031(10). The park prospectus may include as an exhibit “a copy of the rental

agreement or agreements to be offered for rental of mobile home lots.” Fla. Stat.

§723.012(14)(@).
12. Every rental agreement subject to Chapter 723 “imposes an obligation of good

faith and fair dealings in its performance or enforcement.” Fla. Stat. § 723.021. Upon a finding
that “the other party has not complied with the obligations of good faith and fair dealings” the

Court “shall award reasonable costs and attorney's fees to the prevailing party for proving the

noncompliance.” Jd.

13. Under the Florida Rules of Civil Procedure, “a mobile homeowners’ association

may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all

homeowners concerning matters of common interest,” but which “shall not be subject to the

requirements of rule 1.220.” Fla. R. Civ. P. 1.222.

14. The prevailing party is entitled to a reasonable attorney’s fee in enforcing the

provisions of Chapter 723. Fla. Stats. § 723.068.

GENERAL ALLEGATIONS AS TO ALL COUNTS

15. Defendant operates Galway Bay Mobile Home Park, located at 1361 Overseas

Highway, Marathon, Florida, 33050 in Monroe County, Florida, pursuant to a prospectus filed.

and approved by the Florida Department of Business and Professional Regulation, Division of

Florida Condominiums, Timeshares and Mobile Homes, under the requirements of Chapter 723,

Florida Statutes. A copy of the prospectus is attached hereto as Exhibit “A.”

16. The HOA is comprised of homeowners who resided in Galway Bay Mobile Home

Park at all relevant times to the matters alleged in this Complaint.

17. The prospectus of Galway Bay provides that the Defendant would provide various

services and facilities to the residents of this mobile home park.

18. There are 62 mobile homes in Galway Bay sharing the facilities.

19. The prospectus states that the maintenance and operation of the mobile home park

includes the following services for the mobile home owner:

a Storm drainage and maintenance of drainage system.
b. Sewage disposal; and
c. Waste disposal, which includes garbage and trash collection

20. Facilities provided as per the prospectus include:

Recreational Center
Laundry facilities
Supply store
Men’s shower room
Women’s shower room
Commercial rental. building
Sewage treatment plant
55 4’ x 8° docks. 11 of the docks are included with mobile home lots, and
the remainders are rented to park residents.

21. Dock rental fees increased from $2,200 in 2015, to $2,600 in 2016, to $2,800 in

2017. Plaintiff increased the dock rental fees despite rent increase notices that state that “all other

fees and charges, contained in your prospectus, will remain the same as [2013/2014/2015}, with

the exception of water, sewage, electric, and taxes, which will fluctuate with the City and County

charges.”

22. Plaintiff increased the lot rent for 2016 by a range of $139-$196 per month, by

$139 for dry lots (from $817 to $956), $142 for comer lots (from $835 to $977), and $196 for

lots with water access and adjoining docks (ftom $890 to $1,086).

23. On December 16, 2016, Defendant provided the homeowners with a 90-day

notice, which proposed an additional increase in monthly lot rent to become effective on April 1,

2017. The rent would increase by a range of 172-$195 per month, by $172 for dry lots (from

$956 to $1,128), $176 for comer lots (from $977 to $1,153), and $195 for lots with water access

and adjoining docks (from $1,086 to $1,281). The notice also states that the daily charge for late

payment would increase to a $225 base charge with a $25 daily fee. A copy of the notice is

attached hereto as Exhibit “B.”

24. On January 23, 2017, pursuant to Section 723.037, Fla. Stat., the homeowners
requested a meeting with the park owner to contest the lot rent increase as unreasonable.

25. The homeowners and the park owner met on March 3, 2017, to discuss the rent

increase and the conditions in the park, as well as the factors that influenced the lot rental

increase. The parties did not reach an agreement.

26. On March 16, 2017, the homeowners requested a second meeting with the

Defendant to contest the lot rent increase. The parties held the second meeting on April 14, 2017,

to discuss the proposed rent increase. The parties did not reach an agreement.

27. Plaintiff, pursuant to the provisions of Fla. Stat. § 723.038, obtained the

signatures of a majority of the Homeowners at Galway Bay and petitioned the State of Florida

Department of Business and Professional Regulation for mediation to contest the lot rent

increase on April 14, 2017.

28. The homeowners requested mediation, under Fla. Stat.§ 723.037 (5)(a), for the

following reasons:

a. The rental increase is unreasonable;
b. The rental increase has made the lot rental amount unreasonable; and
C. The decrease in services and conditions in the park is not accompanied by
a corresponding decrease in rent or is otherwise unreasonable.

29, The parties mutually agreed to use the services of a pro bono mediator.

30. Mediation took place on May 25, 2017, and the parties did not reach an

agreement.

31. Pursuant to the process laid out in Fla. Stat. § 723.0381, the parties did not reach

an agreement so the Plaintiff initiated this action.

COUNTT
Unreasonable Rental Amount Increase, Under §723.033 and §723.037
(Lot Rental Payments and Fees - Damages)
32. Plaintiff restates and re-alleges the allegations contained in paragraphs 15 through

31 as if fully stated herein.

33. Plaintiff sues Defendant, for violations of Fla. Stats. §§ 723.033 and 723.037.

34, Pursuant to Fla. Stat. § 723.033(1), the court may find, as a matter of law, a

mobile home lot rental amount, rent increase, or change, or any provision of the rental

agreement, to be unreasonable and the court may:

(a) Refuse to enforce the lot rental agreement.

(b) Refuse to enforce the rent increase or change.

provision.

(d) Limit the application of the unreasonable provision so as to avoid any unreasonable

result.

(©) Award a refund or a reduction in future rent payments.

(£) Award such other equitable relief as deemed necessary.

35. Pursuant to Fla. Stat. § 723.037, the Defendant “shall in good faith disclose and

explain all material factors resulting in the decision to increase the rental amount, including how

those factors justify the specific change proposed.”

36. Defendant’s explanation of the material factors resulting in the decision to

increase the lot rental increase does not justify the jot rental increase.

37. Defendant asserts that the increase in rental charges is purely based on market

factors, but comparable parks charge less rent than Galway Bay Mobile Home Park, the

Consumer Price Index increased only 2.5% from 2016 to 2017, and Defendant did not provide

proof of increased operating costs of the park.
38. In 2016, the park increased lot rents approximately 20%, and 2017’s proposed

rent increase represents an additional 18%.

39. The lot rental amount has continually increased over the years while the park’s

services have decreased and the park’s overall condition has deteriorated. For example, common

space in the park was converted to a private area for Plaintiff's use only, the size of the

recreational room was decreased to allow expansion of the park manager’s office, the garbage

pick-up service is unreliable and insufficient, dumpsters are often overflowing, there are rats and

raccoons at the park due to the garbage overflows, there are sewer line back-ups, poor water

pressure, and various other conditions issues.

40. Therefore, the parties shall be afforded a reasonable opportunity to present

evidence as to the purpose of the rent increase, the relationship of the parties, and other relevant

factors for the court to make a determination regarding the unreasonableness of the lot rental

amount increase. See Fla. Stat. § 723.033(2).

WHEREFORE, Plaintiff respectfully requests that this Court enter an order against

Defendant:

A Declare that the rental increase is unreasonable;

B. Refuse to enforce the rent increase;

Enjoin Plaintiff from enforcing the rent increase;

Award a reduction in future rent payments;

Award the Homeowners a refund of the lot rents and service fees that the court
may deem unreasonable;

Award Defendant’s counsel reasonable costs and attorney’s fees as provided by
Fla. Stat. § 723.068; and,
Award all other relief as this Court deems just and proper.
COUNT I

Failure to Maintain Common Areas in Good State of Appearance, Safety and
Cleanliness and Buildings in Good State of Repair and Maintenance, Under §723.022
(Park Conditions — Damages)

41. Plaintiff restates and re-alleges the allegations contained in paragraphs 15 through

31 as if fully stated herein.

42. Fla, Stat. § 723.022, relating to a mobile home park owner's general obligations,

requires that the park owner:

(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.

43. Plaintiff sues the Defendants for violations of Fla. Stat. § 723.022.

44. Defendant has failed to comply with the requirements of applicable building,

housing, and health codes, as required under Fla. Stat. § 723.022, due to the following:

a. Failure to maintain the premises and common areas clean by not properly
disposing of the garbage and trash;
Failure to maintain proper drainage sysiem causing flooding of roads within the
park after rain;
Failure to fix low water pressure throughout the park;
Reduction of the recreational facilities to make room for the park’s main offices;
Failure to maintain the entrance gate;
Failure to maintain septic tanks resulting in sewage backup onto street where Row
A and Row D intersect; and,
Taking away a common waterfront area from Homeowners and turning it into a
private use only area for the park owner.

WHEREFORE, Plaintiff respectfully requests that this Court enter an order against

Defendant:

a. Awarding damages for the loss or decrease of those services;
Declaring the current lot rental amount unreasonable;

Awarding a refund and/or a reduction in future rent payments for the current lot

rental amount until such time as defendants become in compliance with Fla. Stat. §

723.022;

Any other relief as the Court deems necessary under Chapier 723, Florida Statutes;

and,

For costs and attorney fees under Fla. Stat. §723.068.

COUNT Ir

Violation of Obligation of Good faith, Under §723.021

45. Plaintiff restates and re-alleges paragraphs 15 through 31 as if fully stated herein.

46. Pursuant to Fla. Stat. § 723.021, the Defendant has an obligation of good faith in

the performance of the rental agreements with the residents of Galway Bay and in the

performance of the duties imposed by Chapter 723, Florida Statutes.

47. Defendant has violated its obligation of good faith for the following reasons:

a. Members of the HOA have complained about the park owner’s behavior on

multiple occasions, which includes, but is not limited to, the park owner yelling

at a homeowners for having a “for sale” sign on their lot, the park owner

posting mugshot photos of a homeowner in public areas of the park, the park

owner unreasonably entering onto homeowner’s lots and disturbing the

homeowners’ quiet enjoyment of the lot, the park owner charging homeowners

additional fees that are not disclosed in the prospectus and notifying them

verbally of the fees, and the park owner verbally threatening to evict

homeowners without providing written notice.

10
b. By restricting access to common areas without properly notifying residents of a

change in rules and regulations, which is in violation of the procedure laid out

in Fla, Stat. §723.037.

C. By failing to comply with its obligations to maintain the premises and provide

certain services to the residents of Galway Bay in violation of Fla. Stat.

§723.022.
48. WHEREFORE, Plaintiff respectfully requests this Court to enter and order

against Defendant:

a. Declare Defendant liable to Plaintiff for not complying with the obligations of
good faith and fair dealing in violation of Fla. Stat § 723.021;

Enjoin Plaintiff, its employees, and representatives, directly or indirectly, from
violating its obligation of good faith and fair dealings as provided in Fla. Stat §
723.021;

Award Defendant’s counsel reasonable costs and attorney’s fees as provided by
Fla. Stat § 723.068; and,
Award all other relief as this Court deems just and proper.

Respectfully submitted,

LEGAL SERVICES OF GREATER MIAMI, INC.

BY, /sf

Nejla Calvo, Esq.
Florida Bar No. 118118
Jeffrey M. Hearne, Esq.
Florida Bar No. 0512060
Attorneys for Plaintiff
4343 West Flagler Street, Suite 100
Miami, Florida 33137
Telephone / Facsimile / Text: (305) 438-2407
E-mail 1: nealvo@legalservicesmiami.org
E-mail 2: crodriguez@legalservicesmiami.org
E-mail 3: pleadings@legalservicesmiami.org

11
Exhibit A
GALWAY BAY

MOBILE HOME PARK

oon

— .. $$.
PROSPECTUS

FOR

GALWAY BAY MOBILE HOME PARK

Le THIS PROSPECTUS (OFFERING iG CERCULAR) CONTAINS IMPORTANT MATTERS
CONSIDERED IN LEASING A MOBI ‘LE HOME LOT. . TO BE

2. THE STATEMENTS CONTAINED HEREIN ARE
ONLY SUMMARY IN NATURE, A PROSPECTIVE
LESSEE SHOULD REFER TO ALL RE PERENCES,
2~ DOCUMENTS AND SALES MATERIAL
ALL EXRTBITS HERETO, THE CONTRACT
S .

3 ORAL REPRESENTATIONS SHOULD NOT BE
RELIED UPON AS CORRECTLY STATING THE
REPRESENTATIONS OF THE P. ARK OWNER OR
OPERATOR, REFER TO THIS PROSPECTUS
(OFFERING CIRCULAR) AND ITS EXHIBITS FOR
CORRECT REPRESENTATIONS,
4. IF THIS PROSPECTUS WAS REC; EIVED PRIOR TO
OCCUPANCY IN A MOBILE BOME PARK,
TRE RENTAL AGREEMENT IS VOIDABLE BY THE LESSE
UNTIL OCCUPANCY IN THE PARK, WHICHEVER E FOR 4 PERIOD OF 15 DAYS, OR
OCCURS FIRS' iT.

wo.
TABLE oF CONTENTS.

PAGE
SUMMARY tee . ete eee Teer eene eee tenes tee ai
NAME AND ADDRESS OP PARK senses fee nee wae toes bee oe
RECEIPT OF NOTICES AND DEMANDS tee Theta eeeeeeas vee
PARK PROPERTY DESCRIPTION . vane Pee eaeenee
RECREATIONAL AND COMMON FACILITIES . weet eee ee beens
PARK MANAGEMENT AND MAINTENANCE TPT neces - 4
MOBILE HOMEOWNER REQUIRED IMPROVEMENT reese
UTILITIES AND OTHER SERVICES oe becreeetaeesanee creates
INCREASES LN RENT AND OTHER CHARGES tees bene
PARK RULES AND REGULATIONS aso. terete cece nee neee 12
ZONING CLASSIFICATION en ateee There
w ee eecene 12 14
ZONING Veet e bee e re eneeneaes faeee aoe wees 14
EXHIBIT A - LEASE AGREEMENT
oe st etneee teens Fee ve eeare 15 18
EXHIBIT B - LOT Layout (Showing recreational and
common fecilicies) .........55 19
EXHIBIT C - INDIVIDUAL LOT Layour Pensa eeeees serene 20
INDENTIFICATION NUMBER ttt t eee e reece tee teeeenaeee 2b

a
SUMMARY

i. THIS PROSPECTUS (OFFERING CIRCULAR
CONSIDERED IN LEASING A MOBILE ’ ) CONTAINS IMPORTANT MATTERS To BE
HOME LO’ iT.
2 TRE STATEMENTS CONTAINED HEREIN
ARE ONLY SUMMARY IN NATURE.
LESSEE SHOULD REFER TO ALL REFERENCES 4 PROSPECTIVE
, ALL EXHIBITS HERETO, THE CONTRACT
DOCUMENTS AND SALES MATERT. ALS.

3. ORAL REPRESENTATLO! INS SHOULD
REPRESENTATIONS OF THE PARK OWNE NOT BE RELIED UPO IN AS CORRECTLY STATING THE
R OR
(OFFERING CIRCULAR) AND TRS EXHIBITS GPERATOR. REFER TC THIS PROSPECTUS
FOR CORRE CI REPRESENTATIONS.

Ae IF THIS PROSPECTUS WAS RECEIVED
PRIOR qT 8 OCCUPANCY IN A MOBILE HOME PARK,
THE RENTAL AGREEMENT IS VOIDABLE
BY TRE LESSEI cE FOR A PERIOD OF
UNTIL OCCUPANCY IN THE PARK, WHIC 15 DAYS, OR
HEVER OCCURS F- IRST.

Se . Page ii
PROSPECTUS FOR GALWAY BAY MOBILE HOM
E PARK

Z. NAME AND ADDRESS oF PARK
Galway Bay Mobile Home
Park
1361 Overseas Highway
Marathon, Florida 33050

TI. RECEEPT OF NOTICES AND DEMANDS
The following person is authorized to receive
park owner's behalf: notices and demands on the
Ralph Mutebnik
Post Office Box 600922
North Miami Beach, Florida 33160
Ill. PARK PROPERTY DESCRIPTION
Galway Bay Mobile Hom @ Park
consists of 10.61 acres wit!
bottom and 9.11 acres h 1.50 acres of bay
of upland, Of this, approximate): y
with a mobile home and recr 7.5 acres is developed
eationa. i vehicle park.
County, Florida, The park is in Monroe

The park has 800 feet o. £ frontage,
directly In the east section, 300 feet
on Overseas Highway fronts
Along the hi, Bhway there is
(U.S, 1 3
din the wesr, approximately 224
feer,
an out pa reel which has appr
of frontage, The mobile home sectio n oximately 260 feet
separated by a canal and and recreational vehicle sections
boat basin, are
The park facilities include a@ mdnagement office, @ mobile home and recreational
vehicle supply store, a reor eational
shower area, and a Sewage center, a mei Ns shower area, a womens
tri eatment plant,
The park consists of 60 mobi
: ie home sites, 85 recr
2 commerical renral bui eational vehicle sites,
lding , and the park manangem
approximately 250 square ent office, containing
oe feet,

A Lots, set-backs, and minimum separation between mobile
homas
There are 15 mobile home site
s 34' x 80° 3 37 sites 40’ x 90's
x 113'5 1 site 40! x 100"; and 6 sites 50!
1 site 70 x 1l42t,
Pursuant to 4A~42, Flo: tida Administrative Code
adopted the NFPA Code. » the State Fire Maxshall has
This cade sets forth minimum
requirements between mob ile homes as separation distance
follows:
5-2.1 Firesafery Separation Requirements.
5.2.1.1

Any portion of a manufa ctured home,
closer excluding the tongue, shall
than 10 fe, (3.04 m) side to not be located
side, 8 fr, (2.44 m) end to side or 6

Page 1
fc. (1.83 m) end to end horizontally from any
other manufactured home or
community building unless the exposed compos
ite walle and roof of either
structure are without openings and const
ructed of materials which widl provide
a one-hour fire rating, or the structures
are separate d by a one~hour fire
rated barrier. (See 54.1)
-
5a4
S5-4.1

A carport, awning, ramada, or open (scree
ned) porch shall be permitted to
be located immediately adja cent to a site line
when constructed entirely
of materials which do not Support cor mbustion
and provided that such facilities
are not less then 3 ft. (0.91 m) from a buildin iB, cabana, or enclosed porch
on an adjacent site. 4 carport, awning, or ramada or open (screene
using combustible materials shal. 1 not be located closer
d) porch
than 5 ft, (1.52
m) from the site line of an adjo ining site.

B Shared Facilities
Galway Bay Mobile Home Park has a recreational
center, laundry facilities,
and a supply store, which are available for use by
the park residents. The
maximum number of lots that will use these s! hared facilities
at the present
time is 145, which is che total number of lo
ts within the park,
There are no plans to expand the maximum number of lots.
Iv. RECREATIONAL AND COMMON FACILITIES
A. Buildings

Galway Bay Mobile Home Park has a recreatio mai center, which is located at
the front of the park. The center has a single room, with open beamed ceiling,
indoor outdoor carpet, and ceiling fans. it is furnished with tables and
chairs. The recreational center is intend led to be used as a daytime waiting
and reading center and in the evenings as a@ party, reception and
meeting
area, and consists of 364 square feet, with a capacity for 75 persons.

B. Other Facilities and Permanent Improvements
i. Laundry facilities are located directly behind
the recreational center at the front of the park.
The laundry facilities contain approximately 260
square feet, equiped with 4 coin operated washing
machines and 4 coin operated dryers.

2. Mobile Home and Recreational Vehicle Supply Store:
The supply store is located adjacent to the manager's
office in the front of the park, and contains
approximately 250 squere feet,

3. Men's shower room: Is located at the front of
the park next to the laundry roon. ic is finished
in ceramic tile, and contains 4 stell showers
and 4 lavatories consisting of approximately 312
square feet.

4, Women's shower room: Is located at the front

ee Page 2
of the park next to the men'
s shower room. Tt
is finished tn ceram: ic tile
and contains 4 stall
showers and 4 lavat ‘ories cons
isting of appoximately
312 square feer ,

5. Commercial rental buildi
ng; is located at the
front of the Park, next
to th ¢ laundry room, and
contains approximately
300 sqi uare Feet.
6, Sewage Treatment Plant:
is located ar the south
west end of the park, and
consists of approximately
200 square feer, with a
capacity for 400 gallons,
7. There are 55 4' x 8! docks.
included with wobile home 1i of the decks are
lot, $, and the remainder
are rented to park resi
dents (ed ther mobile home
or recreational vehicle resident
: $) on a First~come-
first-serve basis.
c Personal Property
~ Personal pro perty available for use b: y the
Chairs in th @ recreational residents consists of tables
center, an, id bingo and
equipment.
D. Days and Rours of Operation
1, Laundry Facilities; The laundry faeilities are
open 7 days a week, from 9:00 a.m. to 11:00 Pm
2, Mobile Home and Recrea' tional Vehicle Supply
The supply Score:
store is ops en Monda: y through Saturday
from 9:00'a.m. ,
to 5:00 pom,

3. Men's Shower Room: T he men's shower room is open
? days a week from 9: 00 a.m, to 11:00 p.m.
4a Women's Shower Room: The women’s
oy, is opan
shower roon
? days a week from 9:00 a.m. to 11:00
Pom
5. Recreational Center: The recreational center
is open 7 days a week from 9:00 a.m. to 11:00
p.m.
E. Future Improvements
Galway Bay Mobile Home Park
has future plans to convert the
yecreational vehicle pads remaining 12
on Row @ into mobile home pads.
should be affected epproxim The conversion
ately December 31, 1987,

ve PARK MANAGEMENT AND MATNTENANCE
The management of Galway Bay Mobile
park manager. Home P. ark is the responsibility
The perk manager! s office 1s located at 1361
of the
Marathon, with Oversea: s Highway,
hours of operatia mas follows:

it
Page 3
a ee
Monday through Saturday (except holidays) 9:00 a.m, to 5:00 p.m. All questions
and problems concerning park operations should be di: rected to the park manager,
in writing.

The maintenance and o) peration of the park proper
ty is also the responsibility
of the park manager. Any problens which arise concerning park
be directed to the att ention of the park manage property should -
r. Park policy relating to
managerment, maintenance and operation of the park
is reviewed periodically.
VI, MOBILE ROME OWNER REQUIRED IMPROVEMENT:
All tenants residing in the mobile home park prior to June 4, 1984, have
been required to install the following improvements ag a condition of the
oceupancy in the park:

1. Ornamental block or horizontal
aluminum skirting around the
bottom of mobile homes.

z, Concrete, aluminum, or ornamental
~ wooden steps at each entrance
to the mobile home,

3. Hitches must be removed.
All tenants bringing new mobile homes into the park after June 4, 1984, shail
be required to comply with the above homeowner required improvements.

VIL. UTILITIES AND OTHER SERVICES
1. Water: Water is provided by Florida Keys Aqueduct Authority, of Key
Wesc, Each mobile home site is equiped with a meter and is billed individually,
Responsibility for water mains in the park from the meter
at the ent trance
of the park up to and including the shut-off valve providing water
to the
site is the responsibility of the park. Water lines from the shut-off valve
to the mobile home is the mobile homeowner's responsibility.
2. Sewage: Sewage dis posal is provided by Galway Bay Mobile Home Park Sewage
Treatment Plant,

3. Waste Disposal: Waste disposal (garbage and trash collection) is provided
by Monxoe County and is billed in a lump sum, annually, to the park. The
provision of adequate sontainers is provided by the park.

4, Cable Television: Cablevision is provided by Telemedia, Inc., of Key
West, and is entirely the mobile homeowner's responsibility.
5. Storm Drainage: Storm drains are provided and maintained by the park.
6. Electricity: Blectric power is provided by Florida Keys Electric Cooperative,
of Tavernier. It
is billed directly to che mobile homeowner and is the homeowner's
sole responsibility, Florida Keys Electric Cooperative is responsible for
the electric lines to the meter, including the meter. The park management
is responsible for the electric meter pedestal and the main breaker,
Electrical

Page 4
ee ..
inet to the mobile
jing utility
home or an: y other connection outside
co) mnections and outside r. ecepta
shed
the nobite home,
cles are the mobile
.
homeowner's responsibil: ity, '
7 Telephone Service: Telephone lines are
may
provided by Southern Bell. Equipmenr
be purchased or leas ed from various
For further companies. informa

Case Info

Judge

Mark H. Jones Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 13, 2017

Case Filing Date

July 13, 2017

County

Parties

BIZA Corp. d/b/a Galway Bay Mobile Home Park Defendant
Davalyn Suarez Attorney for the Plaintiff
Galway Bay Mobile Homeowners Association, Inc. Plaintiff
Carol Grondzik Attorneys for Defendants
David Eastman Attorneys for Defendants
Scott Baena Attorneys for Defendants
Nejla Proenza Attorneys for Plaintiffs
Jeffrey Hearne Attorneys for Plaintiffs
Jennifer Junger Attorney
Brett Lieberman Attorneys for Defendants
Lance Kaufman Attorneys for Defendants

For full print and download access, please subscribe at https://www.trellis.law/.