(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; s. 438, ch. 2011-142; s. 13, ch. 2018-55.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 720 - Homeowners' Associations
Part III - Covenant Revitalization (Ss. 720.403-720.407)
720.403 - Preservation of communities; revival of declaration of covenants.
720.404 - Eligible communities; requirements for revival of declaration.
720.405 - Organizing committee; parcel owner approval.
720.406 - Department of Economic Opportunity; submission; review and determination.
720.407 - Recording; notice of recording; applicability and effective date.