And it can contain new provisions that Chapter 720 now requires. It can contain new amendments to the declaration and other governing documents. I can govern fewer homes or parcels than the old declaration. It can take out restrictions in the old declaration. It can have a longer term than the old declaration. The new covenant can’t contain more restricted covenants than the old one, with a few exceptions.The revived declaration needs to be approved by a majority of homeowners at an approved meeting.We’re not going to get into the nitty gritty here, but the gist of the legal jargon states: Luckily, there is a process to reinstate the covenant called “Covenant Revitalization.”Ĭhapter 720, Part III, Florida Statutes, provides a way to revitalize a declaration of covenants. What this means for the community association is that the CC&Rs can no longer be enforced, assessments can no longer be collected and the BOD’s power is nullified. In Florida, if a covenant is older than 30 years it may no longer be enforceable. It varies state by state and covenant to covenant. They are legally binding and if you violate any of the terms there can be consequences.īut what happens if a covenant expires? Is this even possible?Ĭovenants can and typically do have expiration dates. When you purchase a home in a planned community you are automatically bound by the CC&Rs of your association. They are referred to as the community’s Declaration of Covenants, Conditions, & Restrictions, or CC&Rs. HOA covenants form the rules and regulations of a community association that must be adhered to by members and the BOD.

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