Questions about expired Covenants and MRTA

Hi, the covenants in the HOA in our community expired several years ago, but we in the community are only just now finding this out. Now some of my questions I have specifically surround information I have found here on this forum and elsewhere but I didnt quite fully find all the info I needed. Specifically, it involves how it works on whether or not I would have to rejoin the association if its reinstated or not. Ive seen reference to talking about the Root Deed and what it references, but Im not sure exactly what Im looking for on it. Also, I came across this, http://blogs.sun-sentinel.com/condoblog/2012/06/mrta-revitalization-of-covenants-what-does-it-mean-for-hoas.html, which mentions something about the house being homesteaded and that eliminating the HOA's ability to enforce anything against you. Any help on understanding any of this would be greatly appreciated.

Obviously a legal technical issue, and needs a legal professional to do it correctly.

I have been involved in two neighborhoods that had covenants expire due to MRTA and in those neighborhoods there was a resulting conflict so I have some insight. Basically MRTA causes the covenants to expire 30 years from the root of title, which my understanding of that is it is the first mention of the covenants in the first deed. HOAS can preserve or revitalize the C&Rs under the law. Preservation maintains what was there while revitalization may only reenact the original document, and I believe only the parties seeking revitalization would be affected.

Now if that had not occurred then the HOA has zero authority to do anything because technically the C&Rs ceased to exist. Required to be a member? Not any more. Pay dues? Nope. Build a shed? Go for it. The only problem is that while the law is on your side HOAs can still take you to court and MRTA is not really understood by the courts. I have found numerous attorneys in the field state I must have been mistaken when I said I was free and clear. A judge said otherwise.

As for being homesteaded, I had never heard that applied to Hoas. Possibly it meant that they could lein but not foreclose on a homestead but I would have to double check. But if you C&Rs are expired, it doesn't matter if you are homesteaded or not. The HOA cannot enforce a thing. Essentially the HOA becomes a voluntary social club. Nothing more.

then how will the maintenance of the engineered utility known as storm water retention be funded ?

the entry signage ?

the pool ?

insurance ? you now have PERSONAL liability for any occurrence on a common element WHICH YOU STILL OWN - neighbor's flooding may be found to be negligence on YOUR PART

be careful, very very careful, of your wishes

Well, in our neighborhood, the Country maintains pretty much all of that, the only things the HOA currently maintains is 2 little parks (which havent been maintained anyways as they are a run down mess)and the couple lakes that are in the area, of which both could easily be handed over to the county to maintain as they maintain the rest.

Not necessarily. I think it depends on the original covenants. For instance, my original covenants from 1979 were pretty cut and dry. Then the HOA amended them in 2001. They turned the HOA into what the attorneys would later call a voluntary mandatory association, where you can voluntarily join for life (as a loophole around state law). The HOA then threatened legal action against anyone who opposed. When the covenants expired they all expired despite them being amended in 2001. If they ate too be revitalized, I would not be held to the new ones because my property makes no reference to the amendments.

Now I do have to double check whether or not my property would be subject if my neighbors create a new covenant.