1.222 Mobile Homeowners Assoc.
This rule was published to the web on Monday, 26 October 2009
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, including, but not limited to: the common property; structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving the park property; and protests of ad valorem taxes on commonly used facilities. If the association has the authority to maintain a class action under this rule, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action under this rule. Nothing herein limits any statutory or common law right of any individual homeowner or class of homeowners to bring any action which may otherwise be available. An action under this rule shall not be subject to the requirements of rule 1.220.
No. 1 — September 13th, 2011 at 2:15 pm
The Hollywood Estates Independent Tenant Assoc., Inc. is a Chapter 723 Mobile Home Association. In a suit over certain rent payments between Hollywood Mobile and Hollywood Estates, an issue arose over whether the Court had jurisdiction over the individual members of the Hollywood Estates mobile home association such that it could require the members to pay rent into the registry of the Court. The Court found that it did in fact have jurisdiction as Hollywood Estates had brought the suit as a class representative pursuant to Fla. R. Civ. Pro. 1.222. The Association’s averment that it instituted the suit ”in its name on behalf of all the mobile homeowners” was sufficient to establish class representation pursuant to rule 1.222.