Florida Marta act question

Started by RaymondS2 • 3 replies • 1360 views

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RaymondS2 (Maryland)
Posts: 42

Posted:

Our ccr's were set to expire in 2006, per our then association attorney. From what I have read, to re-ratify our ccr's, we needed to have a vote of the owners and a majority vote would prevail. This did not happen however. I have found thru the clerk of court, and I have documentation of this fact, that the BOARD did a 2/3 vote to re ratify docs, not the owners!

If I am correct, our doc's are now invalid and unenforceable because strict guidelines set forth in the marta act were not followed. Am I correct in my assumptions?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Raymond,

Others that know MRTA will respond.

Until then, you may want to check out these threads on this forum:

Subject: FL Covenant Expiration MRTA

Subject: Florida MRTA Revitalization Attempt

CarolF (Florida)
Posts: 435

Posted:

Please clarify - was anything done prior to 2006. Or, was the board ratification done recently? Please specify what year the ratification was filed.

GenoS (Florida)
Posts: 4,276

Posted:

Raymond, FS 712.05 lays out what must be done to preserve covenants and restrictions before the 30-year clock runs out. Basically a 2/3 vote of the board of directors is needed. The vote must happen at a duly noticed meeting in accordance with the statute.

Once the 30-year clock has run out and covenants and restrictions have expired, however, then an entirely different procedure to revitalize an expired set of governing documents takes effect, and that's a whole 'nother ball of wax.

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