The covenants and restrictions found in the governing documents of homeowners associations are subject to the Florida Marketable Record Titles Act (MRTA). Under MRTA, encumbrances on real property, including a homeowners association’s covenants and restrictions, may be rendered unenforceable and extinguished 30 years after their date of recordation if not properly preserved or reaffirmed by the association beforehand (see Florida Statute 712).
Fortunately the Woodfield Community Association (incorporated in 1986) completed the legal process to preserve its covenants and restrictions in January, 2016.
At the November 17, 2015 Board of Directors meeting, the Board voted unanimously to authorize the preservation of Woodfield's Declaration of Covenants and Restrictions. The law firm of Wetherington Hamilton, P.A. was hired to prepare a Notice of Preservation of Covenants and Restrictions which was recorded in the public records of Pinellas County, Florida. The Notice was then published in the 01/08/2016 and 01/15/2016 issues of La Gaceta, a weekly newspaper published in Pinellas County (see publisher's affidavit), thereby completing the process of preserving of Woodfield's covenants and restrictions.
Fortunately the Woodfield Community Association (incorporated in 1986) completed the legal process to preserve its covenants and restrictions in January, 2016.
At the November 17, 2015 Board of Directors meeting, the Board voted unanimously to authorize the preservation of Woodfield's Declaration of Covenants and Restrictions. The law firm of Wetherington Hamilton, P.A. was hired to prepare a Notice of Preservation of Covenants and Restrictions which was recorded in the public records of Pinellas County, Florida. The Notice was then published in the 01/08/2016 and 01/15/2016 issues of La Gaceta, a weekly newspaper published in Pinellas County (see publisher's affidavit), thereby completing the process of preserving of Woodfield's covenants and restrictions.