Newbie: FL HOA MRTA & Revitalization

I believe only a majority is required for revitalization - and, that all properties in the deeded package would be included.

Much has been written on MRTA summarizing the history of the 1963 bill, and the actions Florida has taken since then to help HOAs deal with it.

All available on line ...

Short story is that you can probably do much of the revitalization work yourself, but should get an attorney to assist in paperwork preparation - but, you must follow the process exactly - it is very specific, but clear.

Thanks for the replies everyone!

Gino

So far my take is slightly different. The plat book reference on deeds refer to title - a legal description of the property. All of the deeds I have looked at so far reference the plat book.

But, as far as restrictions & limitations, all subsequent deeds examined so far do not specify the official records - only a generic statement in my original post.

As for the plat itself, I have examined that. The printed title on the document was 1979. However, all of the involved parties (surveyor, clerk of court, county commission and a couple of others) all signed it in early 1980. Nowhere on the plat itself does it reference official records for the restrictions - only where the plat is recorded (book and page.) So it does not / would not point a title searcher to the restrictions. I could follow your logic that if the deeds cited the plat and the plat cited official records of the restrictions, then that would satisfy the specificity and serve to preserve the restrictions. But unfortunately, it doesn't. :-(

I found a good article on the florida bar web site that spoke to the "specificity" of the official records (for restrictions - not just the plat.) Here is the link and below is the relevant excerpt:

https://www.floridabar.org/the-florida-bar-journal/the-marketable-record-title-act-made-easy/

"..........Item 7 is the most difficult to explain and to understand. During your post- root examination of muniments of title, you may find a reference to property rights which exist due to documents of title which are actually recorded prior to the root of title. A specific reference to a preroot property right in a muniment of title in the postroot part of the abstract will reimpose the preroot matter. Covenants or restrictions, for example, are reimposed by specific reference to the preroot document creating them, when such reference is made in a deed in the postroot chain of title, even though these same restrictions would be extinguished by MRTA if they were not specifically referred to in the postroot muniment.

It is most important to understand the statutory necessity of “specific reference.” This means the official records book and page or plat book and page where the reimposed preroot matter is recorded must be stated accurately in the postroot document in order to reimpose the preroot matter.17 A general reference such as “subject to restrictions of record” will not reimpose anything. It is interesting to note that the nature of legal descriptions used in a document of conveyance, such as “according to the plat thereof recorded in Plat Book 1, page 2” will reimpose title matters shown on the plat because of the specific reference to the plat.

Consequently, title matters shown on the face of plats are seldom eliminated by MRTA because they are continuously reimposed by specific reference to the plat in each subsequent deed or conveyance. References characterized by the words “subject to” with a citation to the book and page of the document creating the rights will reimpose those rights on the land. One result of this exception is to allow reimposition of matters for one lot in a subdivision when those restrictions have generally expired for most all of the lots in the neighborhood due to a reference made in the postroot chain of title for that lot.

As a result of this potential for reimposition of old property rights, when you are examining the postroot part of the abstract of title, you may be directed to documents in the preroot part of the abstract showing property rights created by a preroot document and thus reimposed on title."

(end of excerpt)

The link below is to a sample "root of title deed" from the developer to the first owner/resident. In it, you will see that it makes specific reference to the office records book and page for the restrictions (red arrow on the right)

https://www.smugmug.com/gallery/n-3rzSCM

All of the "postroot" deeds do not. I was slowly piecing the puzzle together as far as specific reference in the deed. This article by the Florida Bar put the last piece in as far as I can tell as to how restrictions on a property could be legally and automatically preserved.

Ok. I understand that the committee can drag everyone back into the HOA.. even against their will. Similarly, then it would also be the committee's discretion to leave a lot out if the homeowner didn't want back in?

That is a lot of power left to a committee of three to reorganize and possibly reshape the HOA!

That is too bad. All of the deeds in my subdivision reference the Plat by book and page, and the plat itself references the CC&Rs also by Book & Page. My understanding of MRTA (not a lawyer) is that the deed restrcitions and CC&Rs are exempt from extinguishment by MRTA so long as the deeds refer to the named plat and the plat refers to the recorded CC&Rs.

But that interpretation wasn't the lawyer's interpretation back in 2012 (before I moved in) and the board paid the attorneys several thousand dollars to prepare and record a MRTA preservation package. Our new attorney has now offered to do it again, at a cost of several thousand dollars. The board is so dense they're leaning in favor of it. Not the brightest bulbs.

Yes. When I suggest to the board members that the 2012 preservation is good until 2042 it goes in one ear and out the other. I showed them the MRTA statute, their eyes glazed over, and they said, "But the attorney is recommending we do it." It's beyond frustrating.