Restrictive Covenant Modification
Covenant modification: by amendment (2/3+ vote), mutual agreement, court order, or statute. Record in official records. Courts consider: changed conditions, unreasonableness, public policy, abandonment, and equitable factors. Courts reluctant; burden on party seeking change. vs. termination: modification changes terms; termination ends covenant entirely. Both require vote/court order and recording.
How to Modify
- Amendment: per declaration vote
- Mutual agreement of all owners
- Court order (unreasonable, changed)
Court Factors
- Changed conditions, unreasonableness
- Public policy, abandonment
- Equitable considerations
Modification vs. Termination
- Modification: changes terms
- Termination: ends entirely
- Both: vote + recording
Related Terms
- Covenant Amendment — FL process
Barnes Walker Real Estate
Barnes Walker’s attorneys modify covenants in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 720
The Florida Homeowners' Association Act governs HOA powers, member rights, assessment collection, and enforcement of deed restrictions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC