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New Statutes Bring Streamlined Methods to Preserve Association Governing Documents (FL)

/ Owner - September 5, 2018

As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, 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 (the legal analysis is actually much more complicated, but this is an easy starting point). If they are not preserved, associations’ covenants and restrictions effectively cease to exist thereby losing their rights to collect assessments and enforce use restrictions.   Read the article………………

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