Florida Statutes 720.404 – Eligible communities; requirements for revival of declaration
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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;
Terms Used In Florida Statutes 720.404
- community: includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto. See Florida Statutes 720.301
- declaration: means a recorded written instrument or instruments in the nature of covenants running with the land which subject the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association representatives, must be members. See Florida Statutes 720.301
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 720.301
- Governing documents: means :(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto; and(b) The articles of incorporation and bylaws of the homeowners' association and any duly adopted amendments thereto. See Florida Statutes 720.301
- Parcel: means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration:
(a) Which is capable of separate conveyance; and(b) Of which the parcel owner, or an association in which the parcel owner must be a member, is obligated:1. See Florida Statutes 720.301(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.