Deeds restrictions and HOA about to expire

-- I think whether a 75% members vote is still required is the bigger question. My sense is that this 75% requirement is stricter than the new Florida statute, so here the stricter requirement trumps the less restrictive one.

-- Also all members of the HOA agreed to buy into the HOA in part because of what the Declaration says. HOA members banked on the 75% requirement being a part of the 'contract' when they bought. I think this means HOA members should be able to legally enforce the 75% requirement.

-- On the other hand the intent of the statutes over the years on this subject is to make it easier for HOAs and their covenants et cetera to continue.

-- I believe your question about the 75% members vote needs to go to a well-qualified HOA attorney. You could try writing the law firm at the link below asking for a quick answer.

-- Were it not for the 75% vote question, then right now, I think only a simple board majority vote is required, and it has to happen annually. It appears the 2/3rds requirement is old law and no longer valid. See below.

FS 720.303(2)(e) states, "At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board shall consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712, and to authorize and direct the appropriate officer to file notice in accordance with s. 720.3032."

See
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.303.html

and

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.3032.html

See discussion at sites like

https://www.legalscoopswflre.com/condominium/its-now-easier-to-preserve-hoa-restrictions-for-some/

and

https://independentamericancommunities.com/2016/01/08/florida-legislation-would-ensure-that-hoas-can-never-expire/

George, the 01/01/2020 date was written into the original deed restrictions drafted in 1972 and then were re-instated in 2003. Yes, I believe they were a year late in 2003 but they somehow went through.

Restated and amended in 2003 with the county clerk well before my time . The original 1972 and the Restated and amended CCr's state that these covenants and restrictions will terminate on 01/01/2020 unless 75% of the homeowners agree to continue them. I truly doubt someone in 2002 didn't do the correct procedure for MRTA. I am new at this. I don't mean to confuse.

It seems to me that the built in expiration provision is totally separate from MRTA so neither restriction trumps the other, they are separate. For the restrictions to continue, both the internal provisions and MRTA provisions would need to be met.

A good question is whether MRTA has already elapsed years ago.

If the governing documents say the HOA and deed restrictions expire at some point unless 75% of the owners agree to continue the association, then that's one thing. The way MRTA works to expire deed restrictions is something else entirely.

MRTA extinguishes covenants and deed restrictions 30 years after the "root of title" on a property-by-property basis. If the board did something in 2002 to preserve the covenants, then there should be evidence of that in your county's official records. A re-stated and amended Declaration of Covenants (or CC&Rs, whatever yours are called) by itself isn't enough to preserve the covenants. If no one can point you to a proper MRTA preservation notice that was recorded in your county's official records in 2002 then your covenants may have already expired 17 years ago. Again, recording re-stated and amended documents by itself is not enough to re-start the MRTA 30 year clock.

Getting 75% your fellow owners to agree to extend the life of the HOA is another matter entirely, and depends on the wording of your documents. By way of contrast, my HOA's original CC&Rs called for the HOA to be in existence for 25 years and, after that, to be automatically renewed every 10 years UNLESS 90% of the homeowners decide not to continue it. None of that has anything to do with MRTA.