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| Wednesday, January 07, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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DorothyH
(Florida)
Posts:23
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| 12/15/2005 5:48 PM |
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Our Association is rapidly approaching its 30th year of existence.
It is located in Florida. Has anyone had any experience in MRTA
(Marketable Record Titles To Real Property) Florida Chapter 712?
I know a notice in writing has to be filed to protect any restrictions
our Association has filed with the county. I would like any feed back on this
subject. Dorothy |
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AudreyB
(Florida)
Posts:104
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| 12/17/2005 9:44 AM |
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Dear Dorothy,
Happy Holidays to you and your family.
Is this the part of the FS 712 you are discussing?
712.01 Definitions.--As used in this law:
6) The term "covenant or restriction" means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use restriction which may be enforced by a homeowners' association or which authorizes a homeowners' association to impose a charge or assessment against the parcel or the owner of the parcel or which may be enforced by the Florida Department of Environmental Protection pursuant to chapter 376 or chapter 403.
I believe it is. So, the Florida Department of Enviromental Protection may be able to give you information.
712.03 says:
(8) A restriction or covenant recorded pursuant to chapter 376 or chapter 403.
So, I would also look these chapters up too.
Wow, thank you Dorothy, this is a very important information I belive most homeowner's who live in FL and are coming up on their 30 years did not know they need to something to protect their homes.
I also wonder if the Division of Florida Land Sales, Condominiums and Mobile Homes could also advise you.
There is also the Secretary of State, Division of Corporations, who may be able to tell what department you need to get in touch with.
I'm sorry I couldn't be more specific, but I did give you some ideas of departments who know who you need to be in contact with, and what procedures you need to follow.
Then, follow those proceedures to the letter. Also, find a real estate attorney who can look over what you have, and also may know exactly what eles you need to do as well.
Cover all the bases.
Please let us know what information you found out. This helps everyone who had no idea, a homeowner needs to protect their interest prior to when their Association turns 30 years old.
I wish you luck.
Take care,
Audrey |
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