1. Florida homeowner and condominium associations must preserve their governing documents, which are critical for maintaining order and enforcing rules and regulations.
2. The Marketable Record Title Act (MRTA) in Florida extinguishes clouds on title that are older than 30 years, potentially endangering the validity of governing documents for homeowner associations.
3. Florida law provides a way for homeowner associations to avoid expiration or revive their governing documents, as laid out in Florida Statutes 712.05 and 720.403. 1. Homeowner associations in Florida that are past the 30-year expiration date can revive their covenants and restrictions with approval from parcel owners and the Department of Economic Opportunity.
2. An organizing committee of three or more property owners must create the proposed governing documents for the expired homeowner association.
3. Approval from the Department of Economic Opportunity is required, as well as majority approval from property owners and compliance with statutory requirements.
4. Once approved, the committee must file articles of incorporation with the Division of Corporations and have the revived governing documents recorded with the Clerk of the Circuit Court.
5. Homeowner associations should seek legal counsel to ensure the applicability and enforceability of their governing documents.
https://www.jimersonfirm.com/blog/2017/06/homeowners-associations-florida-marketable-record-title-act-governing-documents-still-valid/
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