Is your Association a Homeowners Association? MRTA may affect you. HOAs nearing 30 years of existence must be particularly cautious.
If you live in a Homeowners Association, the Florida Marketable Record Title Act applies to your association. Homeowners Associations approaching 30 years of existence need to be particulary cautious that they comply with MRTA.
Fla. Stat. Chapter 712, known as the Marketable Record Title Act (MRTA), affects the validity of recorded restrictions governing Homeowners Associations. MRTA suspends certain recorded documents, including Homeowner Association Declarations, that have been recorded for 30 years or more. The statute specifically addresses Homeowners Associations and provides a process for preserving the recorded documents for an additional 30 years and recording a Notice of Preservation. The Notice of Preservation MUST be recorded PRIOR to the 30 year anniversary of the recording of the original Declaration. Homeowners Association must be careful to strictly comply with the MRTA requirements to prevent their governing documents from being extinguish and unenforceable. Several cases exist in which a Homeowners Association was unable to enforce the restrictions contained in its governing documents because it failed to comply with the MRTA requirements. The recording of amendments and amended and restated governing documents does not suspend MRTA.
I am available to answer to any questions regarding MRTA and its potential affect on your HOA.
Palombi Law, LLC is approved by the Florida Department of Business and Professional Regulation as an education provider for Condominium and Homeowners Association Board Certification courses
Are you new to your Board of Directors? Are you a veteran Director but interested in learning more?
Join me for a lively discussion about the basics (and not so basics) of running a Community Association.
Date: Monday, January 23, 2017
Time: 10:00am - 12:00pm
Where: Sabadell Bank in Mercato
What: A DBPR approved Condo & HOA Board Certification Course
Course presented by Jessica Palombi, the founder of Palombi Law, LLC and an attorney practicing in community association law.
I look forward to meeting you on January 23rd!
Are you interested in running for the Board of Directors of your Community Association? Are you a newly elected Director? Or, are you a veteran Director interested in learning more? If so, join me for a Free Condominium and Homeowner Association Board Certification.
Date: Tuesday, January 12, 2016
Location: Sabadell Bank in Mercato
Pursuant to Florida Statutes Sections 718.112(1)(d)(4)(b) and 720.3033(1)(a), which govern Condominium and Homeowners Associations respectively, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
Palombi Law, LLC is a division-approved education provider.
To register for the course call (239)261-9085 or email Jessica@Palombi-Law.com.
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