MRTA and Preservations

Declaration of Covenants and Restrictions was recorded 6/1986 in Florida. On 12/1/2017 HOA recorded a “Preservation” of C&R..even though almost 1/3 of lots were expired under Florida’s MRTA and statutes say if one or more lots are expired under MRTA a Preservation is not allowed and there has to be a Revitalization. To date (7 years) later there has not been a revitalization of Covenants. The 51 lots that were expired under MRTA have voted not to be revitalized. The HOA ignores the fact that the “Preservation” was not an option under MRTA rules and say the remaining 107 lots are still covered by CCR. No one, not the 51 expired lots in 2016 & 2017, nor the other owners were told about this until it recently came up in a lawsuit about another issue. My question is..are the other 107 lots, most of which have now expired under MRTA also, still under CCR that were originally recorded 37 years ago and have still not been revitalized.