HOA EDUCATION -- REVITAIZATION OF DEED-RESTRICTIONS

REVITALIZATION OF DEED RESTRICTIONS

It seems that special interest is really eager to see expired deed restrictions revitalized. FS 720.403-720.407 regulates revitalization of homeowners' associations with deed-restrictions soon to expire.

Furthermore, Florida Statute 712.11, is in the books, allowing formerly voluntary associations to revitalize their expired deed restrictions. In my opinion it's a clear violation of private property rights. People who bought homes in older communities with expired deed restrictions suddenly face the fact that some power-hungry neighbors try to recreate restrictions that had been expired long before they purchased their properties. Isn't it funny that owners are always told they signed contracts and have to obey them, but when it's convenient for the service providers laws are created that overthrow existing rights? Owners who had sold their homes in mandatory associations because of dictatorial conditions suddenly find themselves in a new association in the midst of more fights about association problems. I guess one day somebody will stand up and fight these laws that defy any private property rights that are the foundation of our nation.

If you live in a neighborhood where some neighbors try to revive a long-dead association, make sure that they follow the rules exactly. Any revitalized deed restrictions can't be more restrictive than the ones that expired. A voluntary association stays a voluntary association; you don't have to participate. Don't forget, being part of an association creates extra liability, especially if you have a power-hungry board that is sue-happy, pushed by some of the infamous attorneys who like to "create" lawsuits. You can't be forced to pay dues; there is no fining, lien and/or foreclosure power. These are communities living by intimidation! Please don't believe the fairy tale of "improved property values." You can be sure that nobody wants to buy a home in a community riddled with lawsuits! When you need enforcement in your neighborhood, call Code Enforcement. It's free and doesn't create legal bills for your neighborhood. And since you already pay high property taxes, let the counties/cities work for their money.

As soon as you hear neighbors filing for revitalization of deed restrictions, contact the Department of Community Affairs, responsible for supervising the revitalization process. Make sure that only the old deed restrictions are revitalized, nothing added or made up.

If the revitalization process goes to court, make sure that you name each of the directors personally in the lawsuit. Remember that they are the ones personally responsible for your problems! Don't let them intimidate you: Intimidation is their biggest weapon. If you want to be left alone -- make sure you let them know!

Most of the folks that try to revitalize deed restrictions have dreams of creating their own private empire that will allow them to tell neighbors what to do and to pursue their own private agendas. You surely don't want to be part of it!

And if all these statutes are not enough, the Florida Legislature even added another law, making sure that boards deal with the issue of preservation of the Marketable Record Title Act.

We all know that homeowners' associations are not every homeowners favorite, and lots of owners are looking forward to see the deed-restrictions expiring -- extinguishing the mandatory homeowners' association, I even know cases where owners voted in board members who were against preserving the covenants. It's one way to avoid living any longer under the rule of a HOA. Always remember: Any HOA is only one election away from dictatorship!

But REVITALIZATION has to be done according to the procedure described in the statutes -- word by word. If board members and/or the board's attorney think they can use short-cuts or are trying to make their own rules, owners can successfully fighting the revitalization process and make sure that there is no longer a mandatory homeowners' association.

An owner, represented pro-se, challenged the revitalization process of her HOA in front of an administrative judge [Division of Administrative Hearings (“DOAH”)] and WON!

TUNIA AGUILAR vs. WHISPER LAKES UNIT 2 HOMEOWNERS ASSOCIATION, INC.

720.3032 Notice of association information; preservation from Marketable Record Title Act. --
(1) Any property owners' association desiring to preserve covenants from potential termination after 30 years by operation of chapter 712 may record in the official records of each county in which the community is located a notice specifying:
(a) The legal name of the association.

(b) The mailing and physical addresses of the association.

(c) The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.

(d) The name, address, and telephone number for the current community association management company or community association manager, if any.

(e) Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712.

(f) A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.

(g) The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.

(h) The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.

(2) Recording a document in substantially the following form satisfies the notice obligation and constitutes a summary notice as specified in s. 712.05(2)(b) sufficient to preserve and protect the referenced covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712.
Notice of (Name of Association) under s. 720.3032, Florida Statutes, and notice to preserve and protect covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712, Florida Statutes.

Instructions to recorder: Please index both the legal name of the association and the names shown in item 3.

1. Legal name of association:

2. Mailing and physical addresses of association:

3. Names of the subdivision plats, or, if none, common name of community:

4. Name, address, and telephone number for management company, if any:

5. This notice does   does not   constitute a notice to preserve and protect covenants or restrictions from extinguishment under the Marketable Record Title Act.

6. The following covenants or restrictions affecting the community which the association desires to be preserved from extinguishment:

(Name of instrument)

(Official Records Book where recorded & page)

(List of instruments)

(List of recording information)

7. The legal description of the community affected by the listed covenants or restrictions is:   (Legal description, which may be satisfied by reference to a recorded plat)

This notice is filed on behalf of   (Name of association)   as of   (Date)  .

(Name of association)

By:

(Name of individual officer)

(Title of officer)

(Notary acknowledgment)

(3) A copy of the notice, as filed, must be included as part of the next notice of meeting or other mailing sent to all members.

(4) The original signed notice must be recorded in the official records of the clerk of the circuit court or other recorder for the county.

MRTA