As the City of Weston celebrates its 30 anniversary this year, it is reasonable to assume that many Homeowner Associations within our city are approaching or have surpassed 30 years in existence. 

The Florida Marketable Record Title Act, or MRTA, contained in the Florida Statutes (Chapter 712) is a law that can automatically extinguish certain recorded property restrictions, including HOA covenants, after 30 years unless they are properly preserved or revitalized.

For HOAs, this means:

• HOA covenants may expire after 30 years if the association does not take the necessary legal steps to preserve them.
  
  
• If the covenants expire under MRTA, the HOA may lose its authority to enforce deed restrictions, collect mandatory assessments, or regulate the community as intended.
  
  
• To prevent this, an HOA typically files a Notice of Preservation before the 30-year period expires or, if the covenants have already expired, may have to go through a revitalization process under Florida law.

REVIVAL

MRTA  also provides mechanisms for associations seeking to revive declarations that have already expired.

HOA board members and property managers are encouraged to review the age of their governing documents with the assistance of their board attorney, to ensure the covenants remain enforceable.  

This simple review may prevent a complex and costly issue.