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FrankA2 (Florida)
Posts: 40
Posted:

Florida in a ‘Notice’ State that has this thingy where a document that is first to be ‘recorded’ with the county is first to make ‘notice’, and would, effectively, precede competing documents.

First, as I understand, Declarations are, basically, ‘Contracts’.

Here’s the issue we have in our restricted-deed community…

July 1973, an initial Declaration was recorded (plat book and pages included). Then…two months later…
Sept 1973, a following Declaration was recorded ( same plat book and page) and from the same Developer.

Just to mention, the first, and likely the latter Declarations do not have ‘Kaufman Language’ within( meaning that they may be ‘frozen in time’ (1973) from changes to Statutes).

The HOA, from inception, has only recognized the latter Declaration’s covenants, restrictions and conditions instead of the originating Declaration’s.
The latter Declaration has no mention of it proceeding from, and referencing to, the initial Declaration.

So, what could prevent the initial, recorded, Declaration from being considered the legitimate one and for being referenced and binding instead of the latter?

The ‘Contract Doctrine’ should have some weight to the issue and, if so, how?

(Also, thank you to the person who previously provided some recommendations.)
LetA (Nevada)
Posts: 2,679
Posted:
Declarants go belly up and another declarant will buy the property. My HOA had 3. First developer built less than 12 houses and went BK.
Second developer buys the project sells about 75 homes of a 300 plus project not selling select lots. That developer is having a hard time
selling lots when the economy hits the skids. Sells the remaining half of the lots to a 3rd developer. It happens.

You may even see a collation of different builders in one master planned community so all the houses DON'T end up liking the same.

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