Q: Florida real estate law question
Question: We live in Columbia County, Florida in a "subdivision" (using the term loosely as it is mostly vacant lots with only a couple built houses; there has never been an HOA). It was platted and created in 1986, and covenants were recorded. A couple houses were built on two of the lots, and the rest remains vacant (mostly wooded). We're wondering if these covenants have expired (since they are older than 30 years?). There is no mention in our warranty deed to any covenants or deed restrictions. If they have expired:
(1) Are they able to be renewed (and/or revised) by a majority of homeowners?
(2) If they are able to be renewed and/or revised by a majority, does "majority" mean the majority of land owners, or the majority landholder (there are a total of four land owners, three of whom live within the subdivision, and one of whom owns all of the remaining vacant lots and lives on private land surrounding the subdivision).
But main question, are they expired?
Thank you!
A: No, a mere majority can't change the covenants; if even one landowner refuses to agree, revised covenants would not apply to that landowner.
A:
The Marketable Record Title Act is a complicated piece of legislation. A title search has to be performed on all lots in the subdivision. Covenants can be expired against one lot but not another depending on language in any record title transaction going back to the "root of title." Deeds are not the only documents that transfer title and the root of title means "means any title transaction purporting to create or transfer the estate claimed by any person which is the last title transaction to have been recorded at least 30 years before the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded."
Covenants can also be preserved in many ways, including a Notice of Preservation recorded in the county records or a reference to the covenants by book and page number on the plat. An agreement for deed could also be at issue.
If the deed restrictions are expired against at least one lot, a majority of the voting interests (one vote per lot) can revitalize the covenants under Fla. Stat. 720.403-407. This could occur long after deed restrictions have expired.
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