CC&Rs and the Marketable Record Title Act

Started by DarleneL1 • 4 replies • 1864 views

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DarleneL1 (Florida)
Posts: 97

Posted:

I have a question regarding the requirements in Florida for reviving the Deed Restrictions due to the Marketable Record Title Act. I am under the impression that this law requires all HOA's that have Deed Restrictions that are older than 30 years, must revive them as stated in the Florida statues in order for them to be enforceable. We have had our Deed Restrictions since 1976 and there have been admendments, but they have not been revived according to Florida Statute 720.403-407. It is my understanding of the Marketable Record Title Act that if they are revived prior to the 30 year expiration date, there only needs to be 2/3 vote by the BOD and a notice to all homeowners that this is being done. Otherwise, after the expiration date, 100% of homeowners must sign to approve to revive the Deed Restrictions. Is this correct? Where would I find out if our BOD did indeed vote and notify our community?

LindaC3 (Florida)
Posts: 526

Posted:

Go to your clerk of courts website and do a search for your subdivision narrowing the search to the document ---RES---.........It will bring up the required paperwork that had to be filed with the clerks office.. You can also read more about this on the florida web page under CHAPTER 712.... It details the who what why and when of this....I usually advice folks to print the chapter and have a highlighter pen to make notations about what sections you don;t understand... Now rememeber - this action had to be performed at a duly called BOD meeting where there was quorum to conduct business and the 2/3 vote of the board was required to make it valid.... I am sure you will have more questions after you read the Chapter in the Statutes.....LindaC...........PS I live in Florida also

DarleneL1 (Florida)
Posts: 97

Posted:

Thanks, Linda. I did check with the county clerks website as well as called the State of Florida Department of Community Affairs and they have no record of anything being done to revive the restrictions. They would have been expired on February 11, 2006 according to this law (they were initiated on 2/11/1976). I am under the impression that once they are expired, the Florida law requires 100% agreement and signatures from the homeowners to revive them. I've read all of the documentation that you recommended and have talked with other people that are in communities that have been faced with this challenge. I just wanted to know if others out there in Florida were experiencing the same problems and if the Restrictions be be upheld in court if challenged? Thanks for any additional information you could provide.

LindaC3 (Florida)
Posts: 526

Posted:

Darlene.... the Statute is very clear that you should have recieved a letter from either the clerk of courts or you HOA stating that they have filed the Marketable Title Act... I would first send a certified letter to your HOA requesting the records of when they did this and the date of the meeting that they voted for this...They have 10 days to comply with your request,failure to do so in Florida there is a penalty of $50.00 per day 10 day maximum for not disclosing.... Notice the Statute also adresses that ignorance is no excuse basically...It seems to me that your BOD may have dropped the ball and yes your HOA will have to revert to Chapter 720.403 Part III Covenant Revitalization procedure....if you want, you may send me a private email with your HOA name and the county in which you reside and I could do some investigating for you.... I am playing on the computer today --- have acute larygitis and unable to speak -so no work today for me......Linda C

DarleneL1 (Florida)
Posts: 97

Posted:

Linda:

Thank you so much for any help you can provide. I have tried to get the minutes from the meetings with several certified letters and no response has been sent. I hate to get involved in a lawsuit, so I would love for you to check out whatever you can. Our association is Pasco Trails Homeowners Association, Inc. (they were unincorporate for 2 years from 2004-2006). We notified them of the failure at that time to incorporate. The association is in Spring Hill, Florida. Pasco County, Florida. Any additional information I can provide, I will certainly do it.

Thanks again.

Darlene

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