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FL S1046
Bill
Status
5/4/2017
Primary Sponsor
Community Affairs
Click for details
AI Summary
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Creates the "Marketable Record Title Act" as the short title for chapter 712 and expands the definition of "property owners' association" to include entities beyond homeowners' associations that enforce community covenants or restrictions.
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Allows property owners' associations to preserve covenants or restrictions from extinguishment by filing written notice or a summary notice within 30 years of the root of title, removing the previous requirement of a two-thirds board vote for incorporated homeowners' associations.
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Establishes procedures in new section 712.12 for parcel owners in communities without homeowners' associations to revive lapsed covenants or restrictions, with a one-year window (by October 1, 2018) for parcel owners to challenge revivals on constitutional grounds.
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Requires property owners' associations to record notices in the official records of each county at least once every 5 years specifying association information and listing covenants or restrictions to be preserved, with failure to file not affecting validity of covenants.
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Modifies sections 720.403-720.407 to expand covenant revitalization procedures beyond residential communities and removes restrictions limiting these procedures to homeowners' associations, allowing broader community preservation efforts.
Legislative Description
Covenants and Restrictions
Last Action
Laid on Table
5/4/2017