Changes to property with MRTA

In 2005 our covenants expired due to MRTA here in Florida. The board didn't realize they were expired till about a year ago. They have put liens on houses and fined home owners for many years after 2005. The HOA has tried to re-vitalize once but failed, now they are out of money to hire a lawyer. So re-vitalizing is up in the air and may not happen. BUT this isn't my question.

My question is that while the covenants are expired, if someone builds a shed or something that wasn't permitted in the restrictions, would they have to take it down if the covenants & restrictions were to be re-vitalized in the future? Or will it be "grandfathered in"?

Thanks for your time.

Good question, EddY. I think - and I'm not an attorney - that the shed (or whatever) would have to be grandfathered UNLESS the original covenants say that existing structures must be removed in order to bring the lot into compliance. Revitalized covenants cannot be more restrictive than the original ones. Therefore, if the original ones don't address pre-existing items that do not conform, then any revitalized covenants cannot add that restriction as something new.

And record an affidavit with photos and receipts when the job is finished so there is no arguing later about when it was built.

Thanks for your reply TimB4 and the links. I read through those links before I posted my question and never found anything about the question I asked.