FL MRTA expired CCR's

I have done extensive research to find answers. We live in a small mandatory HOA, NFP corporation that is active. I have copies of all root titles. First one expired in 2016, the last in 2019. The current Board was just made aware of the MRTA expiration and now they are scrambling to 'cover' their tracks. It is clear from MRTA that they must go the Revitalization route. They filed Amended Restrictions just recently. Verbage that was added was not voted on by the majority of the property owners.
Since 2019 with the last lot aging out at 30 years, the enforcement of restrictions is gone and so it their authority to enforce anything. There are owners that do not want to be included in the HOA if they try to revitalize. We have no common areas, just a private road. They have recently spent money on attorney fees to look into MRTA expiration. They are also saying that nothing has changed in regards to collections of dues and compliance with restrictions, fines and liens.

What happens to the HOA money? Does it get disbursed back to the property owners who were owners when their restrictions expired? Who funds the revitalization process? From what I am reading that can be quite expensive. We have privately consulted with a MRTA lawyer who tells us that the restrictions have expired for our lots.

ElleN

What experience do you have with FL MRTA's?

As I stated, I have done extensive research. Read everything on here, including the informative posts & replies with Kevin7 and Gwen6. As a side note, I have tried to use the search function numerous times and does not connect and times out.

Now you are raising a question about whether the covenants are expired in the first place. I expect you're eager to learn, but you also know that asking people here at hoatalk (all non-attorneys) to get into the legal weeds of this subject is a tall order.

People like GenoS and several others at this almost ten-year-old, ten page long (so far) and still active thread did get into this: https://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/Topic/postid/149433/Default.aspx . Maybe some of these folks will return. Here's what I can say:

Maybe you are seeing discussion about how the statute was changed in 2018 creating certain (or additional) exceptions. Like from https://www.handfirm.com/blog/new-laws-to-preserve-and-revive-hoa-covenants/: "The covenants may also be preserved by an amendment to the covenants and restrictions that is indexed under the legal name of the property owners’ association, references the legal name of the property owners’ association and references the recording information of the covenant or restriction to be preserved." You're probably also going to the MRTA statute itself and seeing FS 712.05 (2) (b). The latter suggests your HOA's 1996 amendment reset the clock. But other sites suggest this exception kicks in only if the Declaration amendment occurs after July 1, 2018 (and also before extinguishment). From https://www.jdsupra.com/legalnews/homeowners-associations-and-the-1709888/: "An exception also arises where, subsequent to July 1, 2018, a homeowners association records a properly adopted amendment to its declaration of covenants and restrictions prior to extinguishment." You should raise this question (about the 1996 amendment) with your attorney. Meanwhile if you want help exploring the aforementioned comment from the jdsupra site, just ask, and I will look into it. I am not clear if the jdsupra site is saying that the MRTA statute changed in 2018, and such changes do not look backwards (at amendments filed prior to 2018). It's a good question.

Regarding payments members made after the covenants expired: Keep in mind that, if the covenants have expired, then the HOA becomes a 'voluntary HOA.' The HOA might continue to send out invoices to members and collect dues. There's an argument that, when owners went ahead and paid these dues, they did so voluntarily. I continue to advise not fighting the dues people paid after the apparent extinguishment and up to today.

Members should also take a close look at the corporate governing documents (bylaws and articles of incorporation) to see if they have language binding them to pay for upkeep of the road. Though as noted above, even if this language is absent, and if the corporation owns the road, and possibly per obligations to the city or county there (as given on the plats?), members may be obliged to continue maintaining the road.

@ElleN. We found the following paragraph in a a later Amended Restriction (dated Apr 1996).

"The provisions herein contained are intended to replace all restrictions applicable to (name of subdivision), recorded prior to these restrictions contained herein".

it is interesting to note that this amendment was not drafted by an attorney. Also, that the Amended Restrictions do not specify the book and page number as filed in the County records. Matissek v. Waller, 51 So.3d 625 (Fla 2d DCA 2011) find that the book & page do not meet the requirements of FS 712.03. Thanks for that link to that information.

Cindy, probably way more relevant is the fact that FS 712 (from at least 1996 to the present) has always had certain steps that must be taken to prevent extinguishment and reset the 30-year clock. Back in 1996 there are no signs that merely recording this amended restriction complied with the steps given in the 1996 MRTA (FS 712).

From https://www.legalscoopswflre.com/condominium/hoas-your-restrictions-have-an-expiration-date/ (2017): "Merely amending or restating the covenants does not restart the 30-year clock. The statutory process must be followed. For preservation, the Statement of Marketable Title Action provided in Section 712.06, Florida Statutes... "