Question 1

How are restrictive covenants amended in Florida?

Accepted Answer

Amendment: restrictive covenants are amended according to: the amendment provision in the declaration (most declarations specify the vote threshold and process for amendments), and the applicable statute (condo: Section 718.110; HOA: Section 720.306). If the declaration is silent on amendments: the Marketable Record Title Act (Section 712.01) may affect the enforceability of old covenants. Process: propose the amendment, notice all owners, hold a vote, and record the amendment in the official records.

Question 2

What is the Marketable Record Title Act’s effect on Florida restrictive covenants?

Accepted Answer

MRTA (Section 712.01): the Marketable Record Title Act can extinguish restrictive covenants that are more than 30 years old (if they have not been preserved by recording a notice of claim). The act: creates a 30-year window of enforceability (after 30 years from the recording of the root of title, old interests are extinguished unless preserved), requires preservation (the covenant holder must record a notice within the 30-year period to keep the covenant alive), and applies to: HOA covenants, deed restrictions, and other private land use restrictions. The association or covenant holder should: review all covenants for MRTA compliance and file preservation notices before the 30-year deadline.

Question 3

Can a restrictive covenant be amended to impose new restrictions?

Accepted Answer

New restrictions: an amendment can impose new restrictions if: the declaration’s amendment provision allows it, the required vote threshold is met, and the new restriction is reasonable. Courts scrutinize new restrictions: the restriction must be: rationally related to a legitimate purpose, not discriminatory, and not unreasonably burdensome. Retroactive restrictions: courts are more skeptical of amendments that restrict activities that were previously permitted (the owner relied on the absence of the restriction when purchasing). The amendment should: be clearly drafted, serve a legitimate purpose, and apply equally to all owners.

Restrictive Covenant Amendment

Restrictive Covenant Amendments in Florida

Amendment Process

MRTA

New Restrictions

Related Terms

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