Do you know if your covenant has an expiration date?Ĭontact us for assistance with covenant revitalization. Revitalizing a covenant is no small matter, but letting a covenant expire is an even greater worry. The final step, under section 720.406, Florida Statutes, is to submit the proposed revived governing documents to the Department of Economic Opportunity within 60 days of the vote. They must follow all the specific guidelines of the statute including getting an attorney or court reporter to certify proof of notice of the meeting. Then this committee must submit the proposed covenant revitalization to all unit owners at a properly noticed meeting. If they are changed, they requiring approval of two-thirds of the property owners.Īdditionally, section 720.405, Florida Statutes, says that at least three unit owners are required to propose the covenant revitalization. The amendment provisions can’t be changed if the old declaration did not include amendment provisions.Proportional assessments can’t be changed.The new declaration must give the same voting interests.And it can contain new provisions that Chapter 720 now requires. This is known as Covenant Revitalization. It can contain new amendments to the declaration and other governing documents. When covenants expire, associations may choose to reinstate them through a majority vote from the membership. I can govern fewer homes or parcels than the old declaration. It can take out restrictions in the old declaration. It can have a longer term than the old declaration. The new covenant can’t contain more restricted covenants than the old one, with a few exceptions.The revived declaration needs to be approved by a majority of homeowners at an approved meeting.We’re not going to get into the nitty gritty here, but the gist of the legal jargon states: Luckily, there is a process to reinstate the covenant called “Covenant Revitalization.”Ĭhapter 720, Part III, Florida Statutes, provides a way to revitalize a declaration of covenants. What this means for the community association is that the CC&Rs can no longer be enforced, assessments can no longer be collected and the BOD’s power is nullified. In Florida, if a covenant is older than 30 years it may no longer be enforceable. It varies state by state and covenant to covenant. They are legally binding and if you violate any of the terms there can be consequences.īut what happens if a covenant expires? Is this even possible?Ĭovenants can and typically do have expiration dates. When you purchase a home in a planned community you are automatically bound by the CC&Rs of your association. They are referred to as the community’s Declaration of Covenants, Conditions, & Restrictions, or CC&Rs. HOA covenants form the rules and regulations of a community association that must be adhered to by members and the BOD.
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