RSS Feed 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.
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.