Waivers; unenforceability

Common Elements summary — Section 723.063 declares that any provision of a mobile-home-park rental agreement that purports to waive, modify, or limit the mobile-home owner's rights under Chapter 723 is void and unenforceable. The chapter's protections are floor-level statutory rights, not default rules that a clever lease can override. For park homeowners' associations this section is the answer to every "but the lease says..." argument. Lease clauses that purport to authorize rent increases without prospectus notice, to forbid resident assemblies, to bar attorneys' fees on enforcement actions — all unenforceable under 723.063 if they cut against a 723 right. Boards encountering a park owner who tries to enforce one of these clauses should respond in writing citing 723.063, copy the homeowners' association's counsel, and consider whether a counterclaim under 723.068 (the chapter's damages remedy) is appropriate.

Not legal advice. Click through to the official source for statutory text.