720.404 Eligible residential communities; requirements for revival of declaration. - Florida Statutes

720.404 Eligible residential communities; requirements for revival of declaration.

Parcel owners in a community are eligible to seek approval from the Department of Community Affairs 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.

History. s. 12, ch. 2004-345; s. 8, ch. 2004-353.