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 preventing an association from losing its right to collect assessments and protect property values.
If your community is over 25 years since inception you should contact Ansbacher Law about the process to renew covenants pursuant to section 720.401 Florida Statutes Preservation of Residential Communities; Revival of Declaration of Covenants.
Although timely renewal 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.
Ansbacher Law has experience with both preservation and revitalization. Call us at 904-737-4600 to help.