Fla. Stat. § 720.404

Current through the 2024 Legislative Session
Section 720.404 - Eligible communities; requirements for revival of declaration

Parcel owners in a community are eligible to seek approval from the Department of Commerce to revive a declaration of covenants under this act if all of the following requirements are met:

(1) All parcels to be governed by the revived declaration must have been once governed by a previous declaration that has ceased to govern some or all of the parcels in the community;
(2) The revived declaration must be approved in the manner provided in s. 720.405(6); and
(3) The revived declaration may not contain covenants that are more restrictive on the parcel owners than the covenants contained in the previous declaration, except that the declaration may:
(a) Have an effective term of longer duration than the term of the previous declaration;
(b) Omit restrictions contained in the previous declaration;
(c) Govern fewer than all of the parcels governed by the previous declaration;
(d) Provide for amendments to the declaration and other governing documents; and
(e) Contain provisions required by this chapter for new declarations that were not contained in the previous declaration.

Fla. Stat. § 720.404

s.12, ch. 2004-345; s.8, ch. 2004-353; s.438, ch. 2011-142; s.13, ch. 2018-55.
Amended by 2024 Fla. Laws, ch. 6,s 235, eff. 5/7/2024.
Amended by 2018 Fla. Laws, ch. 55, s 13, eff. 10/1/2018.