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Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act (FL)

/ Owner - March 5, 2019

An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016.  As we have addressed in previous posts, generally speaking, if a community’s governing documents are subject to extinguishment by MRTA, they must be preserved before the 30-year anniversary of the original governing documents being recorded. If they are not preserved, associations can effectively cease to exist – losing their rights to collect assessments and enforce use restrictions, among other things.    Read the article…………………….

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