The MRTA statute requires that a “Notice to Preserve” must be led in the public records of the county where the MRTA also provides a specific process for HOAs to renew and preserve their covenants and restrictions to keep them in place after the 30-year term.

It is imperative that HOAs PRESERVE or REVIVE and maintain their covenants and restrictions under MRTA to avoid the possibility of challenges to covenants and restrictions. HOA declarations enable the associations to impose fees, file liens, collect assessments and implement other protocols that provide for the administration and financial viability of the community. One of the unintended consequences of the Act is that the Declarations of Covenants, Conditions and Restrictions recorded for HOAs may expire after 30 years of the date on which they were recorded. MRTA was created in 1963 to extinguish claims to property which are at least 30 years old in an effort to stabilize property law by clearing old defects from titles, limiting the period of record searches, and clearly defining marketability by extinguishing old interests of record. for HOAs to reaffirm and renew their covenant and restrictions 30 years after they were originally recorded in the local county records. In one case, the HOA was over 30 years old, and the director was unaware of the requirements under the Florida Marketable Record Titles Act (MRTA), Chapter 712, Fla.

Recently, we had a few inquiries about homeowners’ association (HOA) covenants and restrictions.

Owners not signing new hoa covenants