BobB31 (Florida)
Posts: 178
Posts: 178
Posted:
I have a question about this since our board will be having its first meeting of the year in a couple weeks and we are required by statute FS 720.303(2)(e) to consider whether a notice of preservation needs to be filed. I am unclear about what the effect of filing such a notice would be. Some possibilities that occur to me include:
a. The covenants are preserved for an extra 30 yrs beyond the current deadline for temination. E.G., if they will terminate in 2047 they get another 30 yrs and will terminate in 2077 unless a new notice of preservation is filed sometime between 2047 and 2077.
b. The covenants are preserved for a period of 30 yrs from the date of filing the notice of preservation.That would mean that if the notice is filed this year, another notice would need to be filed by 2050. This would make it advantageous to wait till the last minute to file.
c. The covenants are preserved forever, making it necessary to only file this notice once.
d. something else
Does anyone know?
a. The covenants are preserved for an extra 30 yrs beyond the current deadline for temination. E.G., if they will terminate in 2047 they get another 30 yrs and will terminate in 2077 unless a new notice of preservation is filed sometime between 2047 and 2077.
b. The covenants are preserved for a period of 30 yrs from the date of filing the notice of preservation.That would mean that if the notice is filed this year, another notice would need to be filed by 2050. This would make it advantageous to wait till the last minute to file.
c. The covenants are preserved forever, making it necessary to only file this notice once.
d. something else
Does anyone know?