By Jan Bergemann

Published November 2, 2018


The Florida Legislature made sure that homeowners’ associations understand how to “beat” MRTA (Marketable Record Title Act). They added Florida Statute FS 720.3032 to the HOA ACT.


I guess most folks dealing with these issues know in the meanwhile that DEED-RESTRICTIONS run out after thirty (30) years – if not renewed in a timely manner.


But the author made sure to add the words “desiring to preserve covenants from potential termination after 30 years” to this provision.


Not all owners are really gung-ho about renewing the deed-restrictions after finding out what homeowners’ associations are all about. There have been many lawsuits in the past where so-called revitalization attempts were successfully challenged in court by owners sick and tired of HOA-tyranny after boards failed to renew the deed-restrictions in a timely manner.


This new provision added to the HOA Act should make it clear to everybody what really needs to be done to continue with valid deed-restrictions.


We have seen in the past even so-called specialized HOA-attorneys making serious mistakes leading to very costly lawsuits.


So, the question is: Is preserving the covenants really desired?

I know two cases where owners actually ran for the board shortly before the 30-year time-limit in order to stop any revitalization attempts. In both cases they actually succeeded – and were proud to announce that there no longer is a HOA in the community after the time to renew the deed-restrictions.


I guess it show that definitely not everywhere exists a desirability to preserve the covenants.

HTML Comment Box is loading comments...
Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

Join the 

CCFJ Email List

For Email Marketing you can trust