Additions While Deed Restrictions Are Expired

Started by DarleneL1 • 3 replies • 2297 views

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DarleneL1 (Florida)
Posts: 97

Posted:

Can anyone tell me what, if anything, can be done if homeowners add any architectural changes to their properties while the Deed Restrictions are expired. Also, if and when they are revived, is there any recourse on something that may not meet Deed Restrictions once they have revived? Would the additions need to be grandfathered in?

hoatalk (California)
Posts: 603

Posted:

This is ultimately a legal question for your attorney, but here's the logic as I see it:

(1) The HOA declarations are a civil contract and yours apparantly had a term
(2) The term expired and I assume your wording in the docs does not have any automatic extension clauses or other wording that clouds the expiration date.
(3) So let's assume the restrictions actually expired.
(4) You no longer have a civil contract binding the owners, so you have no restrictions. There is nothing to enforce.

I'm no attorney but that's the logic as I see it. So I assume you need to note in your HOA records that these owners making changes now are grandfathered.

It's similar to this: You sign a 1 year cell phone contract that locks your rate at $50/month. In month 12 your provider comes out with a $30 rate. In month 13 you ask for the $30 rate and your provider tells you no because you have a contract for $50. Well that contract expired so you actually don't have a contract at $50 any longer. You can get the new rate or do whatever you like because you are NO LONGER BOUND BY A CONTRACT, just like your owners now.

just my 2 cents...
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DarleneL1 (Florida)
Posts: 97

Posted:

Our CC&Rs have been expired since 2/13/06 and now some members one the BOD want to give out violations that they haven't enforced for many years. They didn't know they were expired by the Marketable Record Title Act (MRTA) but have decided selectively to go after one homeowner. This homeowner pointed out the expiration to them and I'm not sure, but I would believe that all violations would have to be grandfathered in since they didn't follow through with any action until now. The CC&Rs are still expired and they haven't even begun the process of reviving them.

LindaC3 (Florida)
Posts: 526

Posted:

Darlene---- I spoke to our Attorney here at our HOA...We live in Florida....We have been an HOA since 1973- so we had to file MRTA in 2003.....As it was explained to me-- The Deed Restrictions are tied to the root title of our land....They expire at the end of 30 years according to the MRTA Act..So in order for these Deed Restrictions to be effective we HAD to file the Mrta by the 30 year anniversary or the Deed Restictions automatically expire... So your HOA would had to have filed before the annv.date of your HOA which would have been 2006...So in essence you do not have VALID DEED RESTRICTIONS...There is nothing for your BOD to enforce......I would also suggest you call your title insurance company ...... I just love when power hungry BOD"S who think they know everything about nothing fail to understand that in FLORIDA we have Statutes that MUST BE FOLLOWED with regards to HOA'S....Like the mandatory audit part....Duh..we have to do one???? Linda C

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