Post by Admin on Dec 18, 2014 8:44:26 GMT -5
Editor: After attorney review, the previous post has been deleted and replaced for correction and clarification.
Steps to Revitalization of Expired Covenants
1. Parcel owners within a community must initiate an Organizing Committee composed of community members.
2. The Committee must prepare the Declaration of Covenants for EACH of the three subdivision units within S-bag. "Revitalization" does allow for changes to the C&R's - but the changes must be less restrictive. see 720.404(3)(b) and 720.405(4)(d). Additionally, the "revitalized" declaration may include a 2/3's amendment provision if there was no amendment provision in the original C&R's (S-bag). see 720.405(4)(c).
3. The Declarations must then be approved by a majority (50+%) of *affected parcel owners who must attend a properly-noticed meeting of owners. Florida Statute 720.405(6) also allows for approval by a vote taken in accordance with the procedures in 720.306. 720.306 provides for only a 30% threshold for a quorum at such meeting to take such a vote - and, then, the 30% can be made up of persons either voting in person or by proxy.
4. Next, the Committee must send the proposed revived Declaration(s) to the following, which has 60 days to review for compliance with statutory requirements:
Department of Economic Opportunity (DEO)
Attn: Division of Community Planning
107 East Madison - Mail Station 160
Tallahassee, Florida 32399
5. If the Department approves the proposed revived Declaration(s), the Declaration(s) must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located.
6. Approved revitalized Declaration(s) can be cH allenged within 21 days of the approval and DEO must have an administrative hearing.
*Affected parcels i.e. parcels must have been previously encumbered by the Declaration of Covenants before they expired. There are 3 conditions defined by the Homeowners’ Association Act, 1- the association must be made up of parcel owners, 2- membership must be a mandatory condition of parcel ownership, and 3- the association must be authorized to impose assessments that, if unpaid, may become a lien on the parcel
