MRTA- Marketable Record Title Act

In 1963 the Florida Legislature passed a little known and understood law called the Marketable Record Title Act (MRTA).  The purpose of MRTA was to simplify the purchase and sale of property by allowing title examiners to ignore certain recorded documents which were deemed too old or of no further relevance.  However an unfortunate consequence of MRTA is that it can extinguish you homeowner association covenants and restrictions thus making them nothing more than….extinct!   What does this mean?   Well, owners in your community would not have to pay assessments or follow architectural guidelines your community may have painstakingly enforced to keep property values high.  Don’t let this happen to your community! 

If the original Declaration for your community was recorded less than thirty years ago from the date you are reading this article , our office can help ensure its continued existence.  The time spent, and relatively low cost involved, will be well worth spending to ensure that your community association does not become a thing of the past.

If you or someone you know is in need of legal assistance regarding your community’s declaration or covenants, contact our condo association attorneys today to begin building your case.