Florida Statutes 712.12 – Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association
Current as of: 2023 | Check for updates
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(1) As used in this section, the term:
(a) “Community” means the real property that is subject to a covenant or restriction that is recorded in the county where the property is located.
Terms Used In Florida Statutes 712.12
- Covenant or restriction: means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use or other restriction or obligation. See Florida Statutes 712.01
- Parcel: means any real property that is subject to any covenant or restriction of a property owners' association. See Florida Statutes 712.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
1(b) “Covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located and which subjects the parcel to any use restriction that may be enforced by a parcel owner.
(c) “Parcel” means real property that is used for residential purposes and that is subject to exclusive ownership and any covenant or restriction that may be enforced by a parcel owner.
(d) “Parcel owner” means the record owner of legal title to a parcel.
(2) The parcel owners of a community not subject to a homeowners’ association may use the procedures set forth in ss. 720.403–720.407 to revive covenants or restrictions that have lapsed under the terms of this chapter, except:
(a) A reference to a homeowners’ association or articles of incorporation or bylaws of a homeowners’ association under ss. 720.403–720.407 is not required to revive the covenants or restrictions.
(b) The approval required under s. 720.405(6) must be in writing, and not at a meeting.
(c) The requirements under s. 720.407(2) may be satisfied by having the organizing committee execute the revived covenants or restrictions in the name of the community.
(d) The indexing requirements under s. 720.407(3) may be satisfied by indexing the community name in the covenants or restrictions as the grantee and the parcel owners as the grantors.
(3) With respect to any parcel that has ceased to be governed by covenants or restrictions as of October 1, 2018, the parcel owner may commence an action by October 1, 2019, for a judicial determination that the covenants or restrictions did not govern that parcel as of October 1, 2018, and that any revitalization of such covenants or restrictions as to that parcel would unconstitutionally deprive the parcel owner of rights or property.
(4) Revived covenants or restrictions that are implemented pursuant to this section do not apply to or affect the rights of the parcel owner which are recognized by any court order or judgment in any action commenced by October 1, 2019, and any such rights so recognized may not be subsequently altered by revived covenants or restrictions implemented under this section without the consent of the affected parcel owner.