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ST2
Posts: 22
Posted:
I happened to come across a recorded Warranty Deed with the following notation, which I have never seen before:

"...subject to all restrictions, reservations and easements of record, if any, which are not reimposed by this deed..."

I have seen many Warranty Deeds and also did a quick review of past Deeds recorded in my community. The qualification to restrictions "not reimposed by this deed" is popping up on new deeds prepared professionally.

I am somewhat concerned and wonder if our Covenants & Restrictions has expired and our HOA has inadvertantly failed to revitalize our covenants & restrictions.
DonnaS (Tennessee)
Posts: 5,671
Posted:

ST2. Call the State and ask or even the Clerk of Circuit Courts in your County. That is where all HOA records are kept. They will have the status of your HOA.

The Statutes:

PART III

COVENANT REVITALIZATION (ss. 720.403-720.407)

720.403 Preservation of residential communities; revival of declaration of covenants.

720.404 Eligible residential communities; requirements for revival of declaration.

720.405 Organizing committee; parcel owner approval.

720.406 Department of Community Affairs; submission; review and determination.

720.407 Recording; notice of recording; applicability and effective date.

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JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi ST2:

This will probably show on most new warranty deeds because:

Reimposed means: To establish previously imposed laws, controls, etc., again

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