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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42193
Experience:  Texas Attorney for 30 years dealing in real estate
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Is it true, that in Florida, a homeowners association must

Customer Question

Is it true, that in Florida, a homeowners association must refile to renew the covenants and restrictions every 30 years or it will automatically be dissolved?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
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Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. That is correct that the HOA needs to renew the covenants every 30 years or runs the risk of not being able to enforce the covenants. Any person having the legal capacity to own land in the state, who, alone or together with his predecessors in title has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate and land, which shall be free and clear of all claims except the matters set forth as exceptions to marketability in [F.S.] 712.03. Accordingly, a person who has owned (or through his/her predecessors in title has owned) his/her land for 30 years or more has marketable record title free and clear of all restrictions (which includes Covenants) unless the restrictions are specifically disclosed and referenced in a document that passes title. The 30-year period commences upon the “root of title”, which (without being too technical) is basically the first deed to each lot that is transferred after the Covenants are recorded. Note there are also procedures for homeowners and homeowners associations to follow if the thirty (30) years has come and gone already to revive or renew the covenants and restrictions. I appreciate the chance to help you again today.Thanks again.