Loading chat...

FL S1046

Bill

Status

Failed

5/4/2017

Primary Sponsor

Community Affairs

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules4/20/2017
Judiciary4/6/2017
Community Affairs3/6/2017

Full Bill Text

No bill text available