Posted by Mitchell Kobernick:
Florida Statutes Chapter 712 is the MARKETABLE RECORD TITLES TO REAL PROPERTY. Section 712.11 states that “A property owner’s association not otherwise subject to chapter 720 may use the procedures set forth in ss 720.403-720.407 to revive covenants that have lapsed under the terms of this chapter.” Chapter 720 deals with Homeowners’ Associations, which does not apply to Gulf Harbors since we do not have a Homeowner’s Association, we have a civic association, so it would seem that under 712.11 we can use these provisions to deal with any of the covenants that may have lapsed and not been properly renewed. Section 712.12 then goes on to deal with some specific issues that apply if we are not dealing with a Homeowner’s Association.
With that in mind, following the procedures set out in section 720.403 to 720.407, section 720.405(6) states in part “A majority of the affected parcel owners must agree in writing to the revived declaration of covenants and governing documents of the association…”
Please note that I am not an attorney, and this is not meant to provide any sort of legal advice, just the results of my own research into this matter. The referenced statutes 712 and 720 can be found below:
Chapter 712 – 2000 Florida Statutes – The Florida Senate
FS Chapter 720 sections 403 – 407
