Extinguishment of CCRs

If an hoa files a NOP under MRTA (FL) but uses an amendment rather than the original document, can they later, after some but not all properties have been extinguished, file a corrected NOP encumbering only some of the lots?

What is the timeframe required to file a challenge to the NOP in Florida? What is the timeframe for filing a breach of fiduciary duty claim?

Does an association become voluntary when not all of the properties are members?

After the documents have been extinguished on all properties, can the board then disregard the limitations on the board in the documents? Not that they pay too much attention to them beforehand.

It depends on what kind of relief you are seeking. If you're suing for damages for slander of title, the statute of limitation is 2 years from recording. If you're suing for declaratory relief as to your future obligations, there is no statute of limitations.

Laura posted: "If an hoa files a NOP under MRTA (FL) but uses an amendment rather than the original document, can they later, after some but not all properties have been extinguished, file a corrected NOP encumbering only some of the lots?"

No. My HOA attempted this, was sued and the homeowner won. An amendment is not sufficient. It does not convey anything. It does not "run with the land". The NOP MUST preserve the original Covenants in a timely matter i.e. nanoseconds before 30 years from the root title has elapsed.

An HOA can file an NOP and index properties that have not yet expired. If any property has expired, it must be revitalized--a totally different process.

"Does an association become voluntary when not all of the properties are members?"

Membership in the corporation is usually mandatory and cannot be deannexed. However, it has happened, most recently in Florida in at least two cases I am aware of. The HOA becomes voluntary when the Mandatory HOA has expired on a property. Covenants expire "property by property"; they do not expire all at once.

"After the documents have been extinguished on all properties, can the board then disregard the limitations on the board in the documents? Not that they pay too much attention to them beforehand."

Yes and No. BOD can ignore anything in the Covenants and Rules/Regulations. However, MRTA does not expire the Bylaws and Articles of Incorporation. These are corporate documents and can be affected by MRTA but are not expired by MRTA. Authorities in Bylaws are often cited in the Covenants, so the expiration of Covenants could remove certain authorities and undermine bylaws.