Are Your Documents About to Expire? Part 2
What if thirty years has already lapsed, and the Association�s documents have already expired? Not to worry, the Florida Statutes have provided for a method of revitalizing an expired declaration. Sections 720.403-407, Florida Statues, set forth the procedure for revitalizing expired documents. The entire process for revitalization has several steps, and must, by statute, be overseen by the Association�s attorney.
In a nutshell, however, the first step in the revitalization process is that an organizing committee must be formed to oversee the revitalization. That committee must send a copy of the proposed revitalized declaration to every parcel owner to be affected by it. A majority of the parcel owners to be affected must vote in favor of the revitalization in writing, so a written ballot or joinder should be used. If a majority of the affected parcel holders approve the revitalized documents, it will be revitalized as to all owners.
Once the requisite vote is received, the organizing committee or its designee, such as the Association�s attorney, must submit the proposed revived governing documents and other supporting materials to the Department of Economic Opportunity to review and determine whether to approve or disapprove the proposal to preserve the residential community.
There are a lot of documents that must be recorded, noticed, and sent to all owners with both a preservation and revitalization. You should contact and involved the Association�s attorney if either of these processes must be done.
Every homeowners association should check the date its documents were recorded in the public records, and then speak with its attorney about preservation or revitalization. The clock is ticking, and many associations are likely coming up on expiration soon.
Joseph R. Cianfrone, P.A.
By: Stephan C. Nikoloff, Esq.