Expired CC&Rs Due To Marketable Record Title Act

Started by DarleneL1 • 3 replies • 2064 views

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DarleneL1 (Florida)
Posts: 97

Posted:

If CC&Rs are expired do the amendments remain in effect even though they amend the initial CC&Rs?

RogerB (Colorado)
Posts: 5,067

Posted:

Darlene, amendments to the CC&Rs are not effective when there are no longer CC&Rs. Are you sure the CC&Rs have expired? Usually they are perpetual or automatically extended.

DarleneL1 (Florida)
Posts: 97

Posted:

Roger, I'm positive they have expired by MRTA. Our CC&Rs were written in 1975 and have never been revitalized according to Florida Statutes. The Marketable Record Title Act expires CC&Rs on property after 30 years. You may want to read the act to understand how and why it expires CC&Rs. Thanks for your reply.

FlorenceW (Florida)
Posts: 2

Posted:

720 - 401 to 405
Copies of statutes for Florida are available on line. Our covenants say our covenants expire in 30 years with
automatic 10-year extentions. I talked to a homeowner association attorney and he said that the 10-year extention is not valid. The documents expire in 30 years - period! The statues 710 - 401 to 405 explain what a board
needs to do in case their documents expire. Best to check when your documents expire now! Good Luck.

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