MRTA and amended Restrictions

Started by JennyS5 • 4 replies • 395 views

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JennyS5 (Florida)
Posts: 1

Posted:

Hi
Our HOA amended original Declaration of Restrictions several times in past 30 years. The MRTA notice that has been filed recorded referenced the original DR but not the amended ones. Are the members bind to the original Restriction or the Amended ones. There is a pretty huge difference between the original and amended.

TimB4 (Tennessee)
Posts: 21,062

Posted:

The forum had a poster who knew MRTA fairly well.
Hopefully they will respond.

I noticed this thread mixed in with a lot of old reactivated threads.
Therefore, I'm responding to try and not have it overlooked.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Hopefully some FL posters can assist.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JennyS5 on 10/09/2021 10:18 AM
Hi
Our HOA amended original Declaration of Restrictions several times in past 30 years. The MRTA notice that has been filed recorded referenced the original DR but not the amended ones. Are the members bind to the original Restriction or the Amended ones. There is a pretty huge difference between the original and amended.

I looked at FS 712 and FS 720. For the amendments to be preserved, so far it appears to me that the MRTA notice (and related notices) must reference the amendments. If the filed MRTA notice does not do so, then in my layperson's opinion a legal challenge to the HOA enforcing the amendments may very well be successful.

I advise googling on the topic. Use keywords: MRTA Florida. Read the sections of FS 712 and FS 720 that various law firm web sites reference. Make an appointment with a law firm that does work on MRTA. Or it's possible some law firms specialized in MRTA might do a free consultation with you.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Jenny,

I will offer the following thread in this forum about MRTA:

Subject: FL Covenant Expiration MRTA

Gwen did a lot of research on MRTA.
Perhaps she can assist.

Tim

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