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Subject: Florida MRTA 30 year clock restarted by Amendments to CCRs?
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GeorgeS21
(Florida)

Posts:1243


12/11/2018 12:41 PM  
Hi All,

A friend on another BoD in Florida asked me to look at their situation.

They were formed in 1985 with original CCRs that year. They have legally amended and recorded through a Seventh Amendment, dated 2013 (the original and seven amendments).

I can't find clear answer re WHEN MRTA clock starts - is it the "root" CCR in 1985 or the latest CCR amendment in 2013?

This should be simple, but I can't find a clear answer in FS.

Thanks.
GeorgeS21
(Florida)

Posts:1243


12/11/2018 2:03 PM  
Found reference from attorney authored article ...

https://www.legalscoopswflre.com/condominium/hoas-your-restrictions-have-an-expiration-date/
GenoS
(Florida)

Posts:3040


12/11/2018 11:29 PM  
George, I'm pretty sure it's the root of title for each parcel individually and the clock runs from the first date that a property was sold while the CC&Rs were in effect. Amendments don't count when figuring the 30-year deadline for when the restrictive covenants will be extinguished. If the CC&Rs were first filed in early 1985 and a home (parcel, lot) was sold by the developer in 1986 then the 30-year clock would run from 1986. If a parcel was sold for the first time in 1991 (maybe the developer was slow in building the place out) then the 30-year clock runs from 1991. It depends on when the properties were first sold while encumbered by the CC&Rs, not when the CC&Rs were first recorded (and amendments do not restart the clock).

Based on what I've seen over the last few years, a LOT of lawyers don't understand MRTA/HOA issues very well so one would be well served to do double due diligence if hiring an attorney to deal with MRTA issues.

That link is a good article and explains it better than I did.

FWIW the Florida legislature has been entertaining a MRTA exemption for HOAs for a number of years but it hasn't happened yet.
GeorgeS21
(Florida)

Posts:1243


12/12/2018 6:12 AM  
Thanks, Geno!
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Forums > Homeowner Association > HOA Discussions > Florida MRTA 30 year clock restarted by Amendments to CCRs?



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