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JackM13 (Florida)
Posts: 2
Posted:


My HOA was formed in 1986. The deed restrictions were formulated by the
original developer in 1972 and assigned to my HOA in 1986.The Marketable
Record Title Act requires deed restrictions to be 'of record' before 30
years expire by having the HOA Board file with the County Clerk,a notice
of preservation.
My Question: In this case,does the 30 year period start in 1972 or 1986?
The deed restrictions have a Notary stamp dated in 1972. No other documents
are on file except for a few amendments that were added to the 1972 original
deed restrictions.
KevinK7 (Florida)
Posts: 1,343
Posted:
It would be from your root title. So if the first deed from your property that specifies the book and page and that reference does not appear anywhere else in the chain to reimpose those restrictions, then it would expire then.

So if those conditions were met on a 1972 deed than your restrictions would expire in 2002.
JackM13 (Florida)
Posts: 2
Posted:
Thank you.It looks like 1972 is the year because there have been no changes
as far as I know.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Waiting for MRTAers to jump on in. We know who they are.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By JohnC46 on 08/07/2015 5:09 PM
Waiting for MRTAers to jump on in. We know who they are.

You gotta love Florida. It is funny. My original deed denotes the book and page but every summer sequential deed just states that the property may be subject to covenants and restrictions. That is not enough to reimpose the restrictions. It would seem to me that the best way to avoid this confusion is to have every deed specify the book and page and then have the clearly defined expiration date right on it.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 08/07/2015 5:09 PM
Waiting for MRTAers to jump on in. We know who they are.

Heh, there could be much more but it's a simple enough question.

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