HB 617 - Covenants and Restrictions Summary

• Creates the "Marketable Record Title Act" and revises procedures for preserving covenants and restrictions from extinguishment under Florida's title laws by allowing property owners' associations to file preservation notices during the 30-year period after a root of title.

• Authorizes property owners' associations to preserve covenants through summary notices or amendments indexed under the association's legal name, with failure to index to current owners not affecting validity of the notice.

• Extends preservation periods for covenants and restrictions, removes the requirement for two-thirds member votes by homeowners' associations to file notices, and eliminates additional notice requirements for specified preservation filings.

• Creates new procedures for parcel owners in communities without homeowners' associations to revive lapsed covenants or restrictions under sections 720.403-720.407, with specific exceptions and requirements for approval.

• Establishes mechanisms for recording notices of association information and covenant preservation, with provisions allowing parcel owners to seek judicial determination regarding unconstitutionality of revived restrictions if covenants had ceased to govern their property as of October 1, 2018.

• Takes effect October 1, 2018.