Florida MRTA - Covenants nullified - how to escape HOA before revitalization?

Hello,

I'm a board member of a '70s-vintage subdivision HOA. We've been advised, and believe, that the covenants / deed restrictions are defunct. One of these was an assertion that the originally-voluntary-and-exitable association was now mandatory with no exit(which I find unsound on its face, drafting every homeowner whether or not a present member - the board continued to harass some folks who were never members, membership requiring active request and continued payment of dues). I gather from some reading that the HOA post-expiry-of-CCR becomes a voluntary organization regardless, and the "mandatoriness" was added as a deed restriction which is null now.

I am of a mind to secede as are many (but perhaps, or not, less than the 50% of homeowners it would take to kill the revitalization. There is about a month before that activity starts to roll.

What I am looking for, is any advice about "get while the getting's good". I want my property to be free of any future deed restrictions this HOA may try to create, and which they might levy on "property owners" rather than "association members". The HOA has arrogated this authority without basis, in my opinion - they are not the "legal successor" to the subdivision creator, but a group of individuals simply created their own HOA copying the original deed restrictions and putting the HOA's name on it, along with creating the bylaws and filing for recognition.

I could perhaps just give notice, but should that be on lawyer's letterhead, or petition the local courts and eat the fees? Has anybody done it and have any good stories?

Bottom line, what's the clean path to exit, free and clear, a MRTA-sunsetted HOA?

Thanks....

DickF, There are many links on the web concerning MRTA and it's ramifications. Tim is correct in saying your questions are best answered by a lawyer. You can bet there are just a many as you trying to make sure the deed restriction don't expire or become null and void regardless of whether the HOA is or will become voluntary.

I lived in a good size 60's/ 70's subdivision where the majority of the homeowners decided not to renew the deed restrictions. The association became voluntary. I bought a house in 1990 on a well maintained street and within 8 years watched the entire subdivision as well as my property values go down the drain.

That's because eliminating the CC&Rs was an unintended consequence of the initial law. The issue was more to protect the authority for an Association to maintain, repair and preserve the developments infrastructure and amenities.

Here are the links to the law:

FL 712
FL 720.403-407 COVENANT REVITALIZATION

Suggest you start here in your reading and understanding of the process.