Is "restate" the same as "reinstatement" for deed restrictions.

Started by GaryW12 • 3 replies • 787 views

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GaryW12 (Alabama)
Posts: 56

Posted:

There seems to be some confusion.

The HOA board found a random lawyer who has no internet ability apparently saying that since "they cant find a reinstatement" paperwork for the HOA it must be null and voice and there expired.

Well the lawyer that "revised and restated" in 2004 exists which in my mind was a reinstatement.

does the wore "restated" legally mean "reinstated"?

seems the board wnats to dissolve the HOA as they dont feel like working or reading or anything else.

has anyone in Fl ever heard of a paper titled

"AMENDED AND RESTATED RESTRICTIONS" whcih includse all the deed restrictons plus the one amendment?

Does that sound like that is a "reinstatement" or is that too vague?

RichardP13 (California)
Posts: 3,868

Posted:

NO...Restate would have the same meaning as amending one's governing documents by the required voting percentages as stated in the original documents.

KerryL1 (California)
Posts: 14,550

Posted:

"AMENDED AND RESTATED RESTRICTIONS" whcih includes all the deed restrictons plus the one amendment?" Seems legal. They're rd corded, right?

Look up "reinstatement" online, which has an entirely different meaning, Gary. Google is your friend.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GaryW12 on 10/07/2018 9:05 AM
There seems to be some confusion.

The HOA board found a random lawyer who has no internet ability apparently saying that since "they cant find a reinstatement" paperwork for the HOA it must be null and voice and there expired.

Well the lawyer that "revised and restated" in 2004 exists which in my mind was a reinstatement.

does the wore "restated" legally mean "reinstated"?

seems the board wnats to dissolve the HOA as they dont feel like working or reading or anything else.

has anyone in Fl ever heard of a paper titled

"AMENDED AND RESTATED RESTRICTIONS" whcih includse all the deed restrictons plus the one amendment?

Does that sound like that is a "reinstatement" or is that too vague?

We have "Revised and Restated Bylaws", but revised & restated (or amended &restated) documents aren't that unusual. I don't know what "reinstatement" means in context. To me, "reinstate" means something that was allowed to lapse was put back into place. A quick definition search shows, "reinstate: restore (someone or something) to their former position or condition".

A "restatement" is to say something again or in another way. A "restatement" isn't necessarily restoring anything to its former condition.

"Reinstatement" vs "restated" ... The 2 words mean completely different things.

If your CC&Rs are extinguished under Florida's MRTA statute, then the community can be "revitalized" through the process given in FS 720. That process, though, hasn't anything to do with "restating" or "reinstating" anything.

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