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I live in a neighborhood that has expired restrictive covenants but our homeowners association is not governed by Chapter 720, Florida Statutes. Can we revitalize the covenants?

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I live in a neighborhood that has expired restrictive covenants but our homeowners association is not governed by Chapter 720, Florida Statutes. Can we revitalize the covenants?

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Maybe. The Florida Legislature amended Chapter 712, Florida Statutes, in 2007 to broaden the procedures for covenant revitalization. As a result, homeowners’ associations that are not otherwise subject to Chapter 720, Florida Statutes, may now revitalize their covenants through the provisions in Part III of Chapter 720, Florida Statutes. Section 712.11, Florida Statutes, requires that in order to be eligible to revitalize the covenants, the homeowners’ association must be authorized to enforce those covenants, and the covenants must have expired as a result of Chapter 712 (also called the Marketable Record Title Act).

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