All May Not Be Lost! Revitalization of Expired HOA Declarations and Covenants Conditions and Restrictions
By Leigh Kellett Fletcher |
If you live in a community in which the Homeowners’ Association Declaration of Covenants Conditions and Restrictions has expired, but the residents and the Association leadership want to make them effective again, Florida law offers a unique opportunity to reinstate expired HOA Declarations.
Chapter 720, Part III, Florida Statutes provides a process for communities in which the majority of parcel owners desire to reinstate the covenants. To do so, the Association, or the parcel owners, may file an application with the state Department of Economic Opportunity to renew the effectiveness of the covenants. If approved, the required covenants can be re-recorded and will be effective anew. Recording must occur within a specified time period and include all of the documents enumerated by the statute, including the letter from the Department of Economic Opportunity, to be effective.
Despite the existence of this process the Department of Economic Opportunity does not mediate disputes between parcel owners regarding the effectiveness of covenants and does not resolve title issues on behalf of effected parcel owners.
If your community is interested in revitalizing deed restrictions that have expired, please contact our office for additional information or assistance with the application process.
Leigh Kellett Fletcher has been practicing land use, environmental and real estate law since 1997 and regularly represents clients acquiring, developing and selling real estate in Florida and the U. S. Virgin Islands. She has been involved in the purchase, sale and redevelopment of multi-family residential projects, office, commercial and mixed use properties and has worked with clients to obtain land use entitlements and environmental permits to develop and expand commercial development.