The Florida Marketable Record Title Act has the effect of eliminating covenants and restrictions despite any auto-renewal language that may be contained in the covenants. Ansbacher Law can help your community avoid losing the protections of the covenants and prevent an association from losing its right to collect assessments and protect property values. Because the Act extinguishes covenants 30 years from the root of title, if your community is approaching 30 years you should contact Ansbacher Law about the process to preserve covenants pursuant to section 712.05 Florida Statutes, or, if the covenants have already been extinguished, to revive them under Chapter 720, Part III, Florida Statutes, Preservation of Residential Communities; Revival of Declaration of Covenants.
Covenant Preservation and Revival Attorneys Near Jacksonville
Although timely preservation is the most cost-effective and efficient way to protect your community, if the Marketable Record Title Act has already extinguished your covenants and restrictions, there is a solution. Chapter 720, Part III Florida Statutes provides a means for the homeowners by majority vote to revitalize the covenants.
Contact us today for additional information or to arrange a consultation with an Ansbacher Law attorney.