Talk of The Villages Florida - The Villages - Understanding Your Restrictive Covenants

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Which CDD are you in? Please note the the language "potential termination" in the statute. I am not an attorney but I can reasonably assume the deed restrictions were written by an attorney who was well aware of the statute. My deed restriction (CDD 10) acknowledge the 30 year time limit on the deed restrictions and then specifically states that it will automatically renew for successive 10 year periods (unless some action is taken). While I probably won't be here in another 20 years, when the 30 year time limit is reached, I believe it is reasonable to assume that what is in the deed restrictions, with regard to automatic 10 year renewal, will come to pass. If there is specific action required in 30 years for the 10 year renewal to happen, it is reasonable to assume the CDD (or Developer??) will take such action to follow the deed restrictions.

Quote:

Originally Posted by Malsua (Post 2025956)

I know ours did not automatically renew, and I just looked at the statutes and the law is pretty clear. It expires and action must be taken to renew it.

Chapter 720 - 2021 Florida Statutes - The Florida Senate

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720.3032 Notice of association information; preservation from Marketable Record Title Act.—
(1) Any property owners’ association desiring to preserve covenants from potential termination after 30 years by operation of chapter 712 may record in the official records of each county in which the community is located a notice specifying:
(a) The legal name of the association.
(b) The mailing and physical addresses of the association.
(c) The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.
(d) The name, address, and telephone number for the current community association management company or community association manager, if any.
(e) Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712.
(f) A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.
(g) The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.
(h) The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.
(2) Recording a document in substantially the following form satisfies the notice obligation and constitutes a summary notice as specified in s. 712.05(2)(b) sufficient to preserve and protect the referenced covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712.

[QUOTE=biker1;2025966]Which CDD are you in? /QUOTE]

L-80 Courtyard.

It states that it is valid for 99 years and automatically renews every 10 years after that. While it's stated in there, it still expires. I'm not a lawyer, don't know what to tell you, this is what our lawyer told us. The Florida statute probably supersedes the document or came into effect after our document.

It wasn't a big deal other than the fact that our HOA wasn't really aware that it was necessary until about two weeks before it ran out so a meeting had to be called, someone had to be given authority to sign it and spend the money.

I believe this was done, but I've been up north for 12 days and just got back. I haven't caught up on all the stuff going on around here.

OK, thanks for the info. I am sorry to hear that you folks needed to personally spend money on this.

[QUOTE=Malsua;2025974]

Quote:

Originally Posted by biker1 (Post 2025966)

Which CDD are you in? /QUOTE]

L-80 Courtyard.

It states that it is valid for 99 years and automatically renews every 10 years after that. While it's stated in there, it still expires. I'm not a lawyer, don't know what to tell you, this is what our lawyer told us. The Florida statute probably supersedes the document or came into effect after our document.

It wasn't a big deal other than the fact that our HOA wasn't really aware that it was necessary until about two weeks before it ran out so a meeting had to be called, someone had to be given authority to sign it and spend the money.

I believe this was done, but I've been up north for 12 days and just got back. I haven't caught up on all the stuff going on around here.

Personally, i';m glad we have covenants and rules. It has made for a better place and kept those that would turn this into some crappy place largely away from here