HOA’s And Condos: Expired Covenants And Restrictions

One of the most troubling events for a homeowners association is the potential expiration of the governing documents, typically identified as Declaration of Covenants and Restrictions or some derivation thereof. Just like a carton of milk in your refrigerator, governing documents of your homeowners association have an expiration date. Generally, homeowners association documents are “good” for a period of thirty (30) years, with a differing application of this time period lot by lot based upon the title history to one’s property. This thirty (30) year guideline stems from an obscure law known as Florida’s Marketable Record Title Act. Why is this meaningful? Governing documents for one’s homeowners association is akin to the constitution for the community and is a “contract” between the homeowners association and the owners/members within the community. Association Boards of Directors, property managers, and attorneys rely upon the language in these governing document to enforce basic procedures throughout the community such as the collection of assessments, use restrictions, and everyday procedures. Expired aged out governing documents become unenforceable potentially putting a homeowners association without any contractual right to mandate assessments be paid, leases be approved, individual homeowners property be properly maintained, etc. However, all may not be lost as there are ways to save a community’s governing documents from expiring, called “preservation”. This statutory process has been recently simplified legislatively. Alternatively, springing your governing documents back to life after the thirty (30) year mark, called “revitalization,” is a more involved, difficult, and expensive process to navigate for a homeowners association. Thus, if you are without an evening activity one night, dust off your community’s governing documents and glance at the date of the governing documents to see if your homeowners association’s governing documents have reached or are creeping closer to its thirtieth birthday. If so, bring it to your Board of Directors attention so an attorney well versed in community association law can advise your homeowners association appropriately.

About SJW Law Group, PLLC

SJW Law Group, PLLC was formed in 2018 headed by Scott J. Wortman, Esq. who has been practicing law for twenty-five (25) years. Scott J. Wortman, Esq. is a Florida Bar Board Certified Real Estate Attorney and a Florida Bar Board Certified Condominium and Planned Development Law Attorney. Throughout the entirety of his career, Mr. Wortman has handled all aspects of residential and commercial real estate transactions including contract drafting, review and examination of title work, curing title defects, extensive interaction with buyers, sellers, real estate agents, mortgage brokers and lenders for coordination of all closing matters. For the past dozen years, Mr. Wortman has maintained an extensive community association practice serving as counsel for dozens of homeowner’s association and condominium associations throughout the state of Florida overseeing their governance issues, covenant enforcement, collection matters, litigation and compliance with Florida’s Marketable Record Title Act. Since 1994 Mr. Wortman has represented small and mid-size businesses with regard to their corporate matters, including drafting shareholders agreements, employment contracts, purchase and sale of business assets, commercial leasing issues, as well as dissolution and partnership disputes. Mr. Wortman is joined by associate Sharlene Goldstein, Esq. who assists Mr. Wortman with regard to his community association matters.