The voting interest of each parcel must be the same as it was under the previous declaration.

Contain provisions that Chapter 720, Florida Statutes, requires for new associations that were not contained in the original declaration.Provide for amendments to the declaration and other governing documents and.Govern fewer than all of the parcels governed in the previous declaration.Omit restrictions contained in the previous declaration.Have an effective term of longer duration than the previous declaration.The revived declaration may not contain covenants that are more restrictive on the parcel owners than the covenants contained in the previous declaration, except the revived declaration may:.The revived declaration must be approved, in writing, by a majority of the affected parcel owners, at a properly noticed meeting of the affected parcel owners.All parcels to be governed by revived declaration must have once been governed by a previous declaration that has ceased to govern some or all of the parcels in the community.Specifically, sections 720.404 and 720.405, Florida Statutes establish the following requirements for reviving covenants that have been extinguished by MRTA: Part III of Chapter 720, Florida Statutes, provides a process for reviving a declaration of covenants and restrictions that no longer applies to some or all of the parcels because of the application of MRTA. What is the Process for Reviving Covenants and Restrictions? Therefore, even if an association has recorded amendments to its declaration of covenants and restrictions subsequent to the root of title, these amendments will not preserve the original declaration. Instead, a declaration of covenants and restrictions is a вЂњtitle transactionвЂќ within the meaning of Chapter 712, Florida Statutes. A declaration of covenants and restrictions is not a вЂњmuniment of titleвЂќ because it is not an instrument that passes title to land. Muniments of title are deeds, wills, and court judgments through which a particular land title passes and upon which its validity depends.вЂќ Cunningham v. Do Covenant Amendments Extend Their Enforceability Under MRTA?ДЄmendments to covenants and restrictions will not preserve the original covenants under MRTA because declarations of covenants and restrictions are not вЂњmuniments of title.вЂќ Although Chapter 712, Florida Statutes does not define вЂњmuniments of title,вЂќ Florida case law provides that вЂ muniment of title is any documentary evidence upon which title is based. If the covenants and restrictions are no longer enforceable against some, or all, of the properties within a community, the associations is in the awkward position of no longer being able to collect assessments to pay for common area maintenance, and no longer being able to enforce architectural criteria and use restrictions against property owners whose covenants have been extinguished. Passage of MRTA had the side effect of extinguishing the recorded covenants and restrictions of planned developments that were more than 30 years old. The Florida legislature enacted the Marketable Record Title to Property Act (вЂњMRTAвЂќ) to simplify the title search process and to extinguish stale claims that could make property more difficult to sell. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community.ДЇortunately, Florida law provides a mechanism to preserve covenants and restrictions that are at risk of no longer being enforceable, and to revive covenants and restrictions that can no longer be enforced against some or all of the properties within the community. If the HOA Covenants and Restrictions were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Real Estate Development, Sales & Leasing.

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Hoa covenants