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The Florida Senate

2009 Florida Statutes

Eligible residential communities; requirements for revival of declaration.
Section 720.404, Florida Statutes 2009

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.