Protecting Your HOA: Why Preserving Your Covenants Matters Under Florida’s MRTA
For Florida homeowners associations (HOAs), keeping governing documents enforceable is more than a legal obligation —it’s the foundation of a well-run, stable community. Yet many boards aren’t aware that over time, key provisions in their covenants and restrictions can automatically expire under a Florida law called the Marketable Record Title Act (MRTA).
Without timely action, an association could lose the ability to enforce key provisions governing the community. The good news? A simple legal step can preserve your authority and avoid future complications.
What Is MRTA and Why Should Your Board Care?
Florida’s MRTA, found in Chapter 712 of the Florida Statutes, automatically extinguishes certain property restrictions and covenants 30 years after their initial recording—unless they are properly preserved.
This means that an HOA could unexpectedly find itself without enforceable covenants, leading to:
- Losing architectural control over properties
- Inability to collect assessments from homeowners
- Weakened enforcement of rules and restrictions
- Increased homeowner disputes and governance challenges
Once extinguished, these covenants can only be brought back through a complex process called covenant revitalization—which involves homeowner votes and state approval. In short, preservation is far easier than revival.
What Florida Law Requires from Your HOA Board
To protect against this risk, Florida law mandates that HOA boards address this issue annually by requiring boards to formally consider preservation each year:
Florida Statute 720.303(2)(e)
“At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board shall consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712, and to authorize and direct the appropriate officer to file notice in accordance with s. 720.3032.”
HOA boards must review their governing documents every year to determine whether action is necessary to prevent expiration under MRTA.
If your governing documents are nearing the 30-year mark, the board must decide whether to file a Notice to Preserve under Section 720.3032, keeping the covenants intact and enforceable.
What’s at Stake if Your Association Doesn’t Act
Letting covenants expire can create lasting damage:
- Loss of assessment authority – Without enforceable covenants, the HOA may lose its ability to enforce assessment collection, limiting its ability to fund community services
- Increased legal risk – Attempting to enforce expired rules can lead to homeowner pushback and legal challenges.
- Weakened community standards – From unauthorized renovations to parking issues, expired restrictions mean reduced control.
- Complicated revival process – Covenant revitalization requires homeowner approval and state involvement, often causing delays and confusion.
How Your Board Can Stay Protected
Here are proactive steps your board can take:
- Know the age of your documents – If your Declaration is approaching 30 years old, it’s time to act.
- Conduct a Legal Audit – A legal audit will determine if you need to file a Notice to Preserve and ensure compliance with statutory requirements.
- Discuss MRTA at your next board meeting – Florida law requires this to be part of your first board meeting after the annual membership meeting.
- File the notice if needed – If your association is at risk, filing the appropriate notice under Florida Statute 720.3032 will prevent extinguishment and maintain enforceability.
Preserve Your Community’s Stability—Don’t Wait Until It’s Too Late
Your association’s ability to function depends on having enforceable covenants in place. MRTA compliance isn’t just a legal box to check—it’s a vital part of protecting your community’s financial health, aesthetics, and harmony.
At The Neighborhood Law Group, we guide Florida HOA boards through the preservation process with care, clarity, and efficiency. Let us help you take the right steps today, so your community stays protected for years to come.
Contact us for a consultation—we’re here to ensure your documents remain strong and your association stays in control.
