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Florida Statutes Title XL. Real and Personal Property § 720.404. Eligible communities; requirements for revival of declaration

Current as of January 01, 2025 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Florida Statutes Title XL. Real and Personal Property § 720.404. Eligible communities; requirements for revival of declaration - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-720-404/

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