Does the Department of Community Affairs require that expired covenants be revitalized?
No. However, some communities may decide it is a good idea to revitalize expired covenants for legal or financial reasons. The Legislature originally created the revitalization process to assist communities that were experiencing difficulty collecting assessments and maintaining common property because their covenants had expired. Not all communities have common property to maintain, and for this reason and others those communities may question whether it is necessary and/or desirable to revitalize their covenants and continue to have a homeowners’ association. A private attorney who is experienced in community association law can advise the community on whether revitalization is necessary in its particular circumstances. Should the community choose not to revitalize, a private attorney can provide advice on how to dissolve the homeowners’ association and dispose of any property and funds in accordance with applicable laws.
