What Is MRTA and How Can It Affect Your Florida HOA?

Key Takeaways

• MRTA extinguishes interests older than 30 years from the root of title. Under Chapter 712, Florida Statutes, the Marketable Record Title Act automatically extinguishes covenants, conditions, and restrictions that are more than 30 years removed from the root of title, unless an exception or preservation applies.
• CC&Rs recorded more than 30 years ago can be extinguished by MRTA. A homeowners association’s declaration of covenants, conditions, and restrictions (CC&Rs) is subject to MRTA if it is not specifically referenced in a later instrument in the chain of title.
• Preservation requires board action under Section 712.05. An HOA can preserve its CC&Rs before the 30-year period expires by recording a notice of preservation, which requires a two-thirds vote of the board of directors.
• Expired CC&Rs can be revived under Section 720.403. If MRTA has already extinguished the CC&Rs, the Florida Homeowners’ Association Act provides a revival mechanism that allows a majority of affected parcel owners to re-adopt the covenants with approval through the process outlined in Section 720.403.
• The board must consider preservation at its first meeting after each annual meeting. Section 720.303(2)(e) imposes a specific, ongoing duty on every HOA board to consider whether to preserve the covenants under Chapter 712 at the first board meeting following the annual members’ meeting.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Preservation vs. Revival: Comparison Table
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

The Marketable Record Title Act (MRTA), codified in Chapter 712, Florida Statutes, can extinguish your HOA’s CC&Rs if those restrictions are more than 30 years removed from the root of title and no preservation action has been taken. When CC&Rs are extinguished, owners are no longer legally bound by them — meaning restrictions on parking, use, modifications, and assessments may become unenforceable. Florida law gives HOA boards a specific tool to prevent this (Section 712.05 preservation) and a remedy if extinguishment has already occurred (Section 720.403 revival). The board has an ongoing legal duty to evaluate MRTA exposure at each annual meeting cycle. A Broward, FL HOA lawyer can help associations and homeowners assess MRTA risks, ensure proper preservation, and address issues related to extinguished covenants.

How Florida Law Handles This Issue

Florida’s Marketable Record Title Act was designed to simplify property title searches by eliminating ancient claims, easements, and restrictions from the chain of title after 30 years. The fundamental purpose is to make it possible for a title examiner to limit a title search to the most recent 30-year period — the “root of title” — without being concerned about instruments further back in time.

The critical provision is in Section 712.03, Florida Statutes, which lists the exceptions to MRTA extinguishment. If an interest — including a set of CC&Rs — is not within one of those exceptions, it is extinguished by operation of law once 30 years have passed from the root of title without a specific reference to the interest in the chain of title.

Section 712.03 provides, in relevant part, that the following interests are not extinguished by MRTA:

“Any person having the legal capacity to own land in this state, who, alone or together with her or his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03.”

For HOAs, the practical implication is that a declaration of CC&Rs recorded in, say, 1985 may have been extinguished under MRTA if the community’s chain of title does not contain a deed or other instrument within the past 30 years that specifically references those CC&Rs.

Section 720.303(2)(e), Florida Statutes, codifies an affirmative duty for HOA boards, requiring them to consider preservation at the first board meeting after each annual members’ meeting. The statute provides:

“At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board shall consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712, and to authorize and direct the appropriate officer to file notice in accordance with s. 720.3032.”

This provision makes MRTA awareness a recurring governance obligation for every Florida HOA board — not a one-time concern.

Key Legal Rules

• Rule 1: MRTA extinguishes covenants and restrictions that are more than 30 years removed from the root of title unless an exception in Section 712.03 applies. See Section 712.02, Fla. Stat.
• Rule 2: The root of title is the most recent deed or instrument in the chain of title that was recorded at least 30 years before the time marketability is being examined and that purports to create or transfer ownership. See Section 712.01(2), Fla. Stat.
• Rule 3: An HOA can preserve its CC&Rs before expiration by recording a notice of preservation under Section 712.05. The preservation requires a two-thirds vote of the board of directors and must be recorded in the county where the property is located.
• Rule 4: A notice of preservation under Section 712.05 must be recorded in the official records of the county and must specifically describe the interest being preserved, the legal description of the land, and the recording information of the original instrument creating the interest.
• Rule 5: If CC&Rs have already been extinguished by MRTA, Section 720.403 provides a revival process. Revival requires a petition signed by a majority of the parcel owners in the community and approval at a duly noticed meeting, with the revival declaration recorded in the official records.
• Rule 6: Revived CC&Rs under Section 720.403 are treated as newly created covenants and bind all owners from the effective date of recording. They do not have retroactive effect for the period of extinguishment.

Preservation vs. Revival: Key Differences

Factor	Preservation (Section 712.05)	Revival (Section 720.403)
When used	Before CC&Rs expire (while still within 30-year period)	After CC&Rs have been extinguished by MRTA
Who can file	HOA board of directors	Organizing committee of parcel owners
Vote required	Two-thirds vote of the board	Majority of affected parcel owners
Approval authority	Board action alone; no member vote required	Majority of parcel owners at duly noticed meeting
Timeline	Must be done before 30-year period from root of title expires	May be done after extinguishment has occurred
Process	Record notice of preservation in county official records specifically referencing the CC&Rs	Form organizing committee; circulate petition; hold meeting; record revival declaration
Effect	Preserves existing CC&Rs with original effective date	Creates new covenants effective from date of recording

How This Issue Typically Comes Up

The HOA discovers its CC&Rs have already expired

A community in the Tampa Bay area with a declaration recorded in 1988 retains a title attorney in 2025 for an unrelated matter. The title search reveals that the declaration is more than 30 years removed from the root of title and no preservation notice was ever filed. The CC&Rs are extinguished. The board must decide whether to pursue revival under Section 720.403 or operate without enforceable covenants going forward.

A homeowner claims to no longer be bound by restrictions

An owner in a Broward County HOA argues that the community’s restrictions on fence height, paint colors, and short-term rentals are unenforceable because the original 1990 declaration was extinguished by MRTA. The owner has received a demand for compliance, but cites the 30-year rule and refuses to comply. The association is forced to examine whether preservation was properly filed — and if not, whether revival is available.

A developer-era community is approaching the 30-year mark

An HOA in Palm Beach County was established in 1997, placing the CC&Rs at risk of MRTA extinguishment in 2027. The board learns of the issue at its annual meeting and must act promptly under both Section 712.05 (preservation) and Section 720.303(2)(e) (annual board duty) to ensure the CC&Rs remain effective.

Common Mistakes Associations Make

• Failing to perform any MRTA analysis until a problem arises. Many HOA boards are unaware of MRTA entirely until a homeowner raises it as a defense to enforcement.
• Assuming that because the HOA is operating actively and collecting assessments, the CC&Rs are necessarily valid. MRTA extinguishment is automatic and does not depend on whether the association is actively enforcing the documents.
• Missing the annual duty under Section 720.303(2)(e). Some boards conduct the required first meeting after the annual meeting but do not formally address MRTA preservation, leaving no record that the duty was considered.
• Believing that preservation can be filed after extinguishment. Section 712.05 preservation is only available before the 30-year period has run. After extinguishment, only the Section 720.403 revival process is available.
• Filing a preservation notice without specifically referencing the recording information of the original CC&Rs. A defective preservation notice may be ineffective.

What Associations Typically Argue — and Why It Fails

“The CC&Rs were validly recorded and remain binding.”

Recording is only the starting point. Under MRTA, a validly recorded instrument can still be extinguished if it is more than 30 years removed from the root of title and has not been preserved. The validity of the original recording does not prevent MRTA extinguishment.

“Owners had notice of the CC&Rs when they purchased.”

Constructive notice of the original CC&Rs does not prevent extinguishment under MRTA. The statute extinguishes the interest regardless of whether subsequent purchasers had actual or constructive notice of the old covenants.

“The HOA has been enforcing the CC&Rs for decades without challenge.”

A history of enforcement does not preserve CC&Rs under MRTA. MRTA is a title act, not an equitable estoppel doctrine. The question is whether a proper preservation notice was recorded in the official records, not whether the association was actively enforcing the covenants.

How Courts Handle This

Florida courts apply MRTA as a title statute that operates automatically by operation of law. When an owner raises MRTA extinguishment as a defense to covenant enforcement, courts conduct an objective analysis of the chain of title to determine the root of title and whether the CC&Rs fall within the 30-year period or within one of the exceptions in Section 712.03.

Courts look for a recorded instrument — typically a deed, plat, or notice of preservation — within the 30-year period that specifically references the CC&Rs being enforced. A general reference to “deed restrictions” or “conditions of record” may be insufficient; courts require a specific reference to the instrument creating the interest.

If CC&Rs are found to be extinguished, courts will not enforce them against the objecting owner. However, courts may enforce them against owners who purchased after a valid revival under Section 720.403, as the revival creates new covenants binding all subsequent purchasers.

Edge Cases and Nuances

• Lot-by-lot analysis may be required. In communities with multiple phases or re-platted sections, the root of title may be different for each lot. A preservation or revival analysis may need to be conducted on a parcel-by-parcel basis, particularly in communities developed in stages over many years.
• Government-imposed restrictions are exempt. Section 712.03(2) exempts from MRTA extinguishment any interest of the United States or any governmental entity or agency. Utility easements, drainage easements, and restrictions imposed by governmental bodies as conditions of subdivision approval may not be subject to MRTA extinguishment.
• Partial extinguishment is possible. If a community has multiple recorded instruments — for example, an original declaration and multiple amendments — the root of title analysis applies to each instrument separately. It is possible for some provisions to be extinguished while others remain effective, depending on when each instrument was recorded and whether it has been specifically referenced within the 30-year period.
• Communities with multiple declarations face layered complexity. Some communities in South Florida and the Orlando metropolitan area have overlapping declarations, sometimes with different effective dates for different sections. Each declaration must be analyzed separately under MRTA, and preservation or revival must address each affected instrument.

What Homeowners Should Do

1. Determine the date of the original declaration recorded in your community. Your title insurance policy, closing documents, or a search of the county official records can identify the recording date.
2. Calculate whether the 30-year period from the root of title has passed or is approaching. If the declaration is more than 28-29 years old, MRTA exposure may be imminent.
3. Request copies of all preservation notices from the HOA or from a search of the county official records. A properly recorded Section 712.05 preservation notice should appear in the chain of title.
4. If you are a homeowner who believes the CC&Rs have been extinguished and the association is enforcing them against you, consult a Florida real estate or community association attorney to analyze the specific chain of title for your parcel.
5. Attend HOA board meetings and monitor whether the board addresses the Section 720.303(2)(e) annual duty to consider preservation. Ask for the minutes to confirm the matter was discussed.
6. If you are on the board, place MRTA preservation on the agenda of the first board meeting after each annual meeting and document the discussion in the minutes, regardless of the outcome.

When Legal Action May Be Necessary

Legal action may be warranted if the association is enforcing CC&Rs that appear to have been extinguished by MRTA, or if the board has failed to pursue preservation or revival and owners are suffering harm from the lack of enforceable covenants. Homeowners who believe the CC&Rs no longer apply to their parcel may seek a declaratory judgment under Section 86.011, Florida Statutes, to establish that the restrictions are extinguished. Conversely, owners who want to preserve community standards may have standing to challenge a board’s failure to fulfill its statutory duty under Section 720.303(2)(e). Prevailing party attorney fees may be available under Section 720.305(1) in actions to enforce obligations under Chapter 720.

Actionable Summary

Situation	Action Required	Legal Basis
CC&Rs recorded more than 25 years ago; no preservation filed	Consult title attorney; consider filing Section 712.05 preservation notice immediately	Section 712.05; Section 720.303(2)(e)
CC&Rs already extinguished by MRTA	Pursue Section 720.403 revival process; form organizing committee	Section 720.403, Fla. Stat.
Board has not considered MRTA at annual meeting cycle	Demand board place MRTA preservation on agenda per its statutory duty	Section 720.303(2)(e), Fla. Stat.
Homeowner claims restrictions are unenforceable due to MRTA	Analyze chain of title for each parcel; consult Florida real estate attorney	Chapter 712, Fla. Stat.
Developer-era community approaching 30-year mark	File preservation notice; do not wait for the period to expire	Section 712.05, Fla. Stat.

Related Knowledge — Cross-Chapter Linking

Chapter 720 (HOAs): MRTA applies directly to HOA communities governed by Chapter 720. The Florida Homeowners’ Association Act contains explicit provisions for MRTA preservation (Section 720.303(2)(e) annual duty) and revival (Section 720.403). These provisions were added specifically to address the intersection of property title law and community association governance.

Chapter 718 (Condominiums): Condominium declarations are generally not affected by MRTA in the same way. A condominium declaration is referenced in each unit deed and in the condominium’s own instruments, which are routinely recorded and re-referenced. Each unit deed in a condominium community specifically incorporates the declaration by reference, keeping it within the chain of title for each individual unit. HOA CC&Rs, by contrast, are separate instruments not always referenced in individual lot deeds, creating greater MRTA exposure.

Frequently Asked Questions

What does MRTA stand for, and what does it actually do?

MRTA stands for the Marketable Record Title Act, codified in Chapter 712, Florida Statutes. It operates automatically to extinguish old claims, easements, and restrictions — including HOA CC&Rs — once they are more than 30 years removed from the root of title in the chain of title for a parcel. The purpose is to simplify title searches by eliminating ancient interests that no longer have a place in modern property records.

Can MRTA extinguish my HOA’s CC&Rs even if the HOA is actively enforcing them?

Yes. MRTA extinguishment is automatic and operates by operation of law. It does not depend on whether the association is actively enforcing the CC&Rs, whether owners had knowledge of MRTA, or whether the HOA is otherwise functioning normally. If the 30-year period has passed without a proper preservation or a specific reference to the CC&Rs within the chain of title, the covenants are extinguished regardless of the HOA’s activities.

What is the difference between preserving CC&Rs under Section 712.05 and reviving them under Section 720.403?

Preservation under Section 712.05 is a preventive measure taken before the 30-year period expires. It requires a two-thirds board vote and the recording of a preservation notice in the county official records. Revival under Section 720.403 is a corrective measure taken after MRTA has already extinguished the CC&Rs. Revival requires a majority vote of parcel owners and creates new covenants effective from the date of recording — it does not restore the original covenants retroactively.

What happens to assessment obligations if CC&Rs are extinguished?

If the CC&Rs that establish the obligation to pay assessments are extinguished by MRTA, the legal basis for mandatory assessment collection may be undermined. This is one of the most serious practical consequences of MRTA extinguishment, as it affects the HOA’s ability to fund operations and maintenance. Revival under Section 720.403 restores the assessment obligation from the date of the revival declaration going forward.

Does every deed in the community need to reference the CC&Rs to prevent MRTA extinguishment?

Not every deed needs to contain a specific reference, but the chain of title for each individual parcel must contain an instrument within the 30-year period that specifically references the CC&Rs. Some deeds routinely include language such as “subject to Declaration of Covenants recorded at [Book/Page],” which may satisfy the specific reference requirement. The analysis is parcel-specific, and communities with varying deed language may have inconsistent MRTA exposure across lots.

Key Terms Defined

MRTA (Marketable Record Title Act): Chapter 712, Florida Statutes. A state law that extinguishes interests in real property, including covenants and restrictions, that are more than 30 years removed from the root of title, unless an exception or preservation notice applies.

Root of title: Defined in Section 712.01(2) as the most recent recorded instrument that purports to convey or transfer an estate in fee simple and that was recorded at least 30 years before the time marketability of title is being determined. It is the starting point of a modern title search.

Preservation notice: A document recorded in the county official records under Section 712.05 that specifically identifies the interest being preserved (such as a set of CC&Rs) and saves it from MRTA extinguishment. It must be recorded before the 30-year period from the root of title has run.

Revival declaration: A document recorded under Section 720.403 that re-establishes CC&Rs in a community after they have been extinguished by MRTA. The revival creates new covenants effective from the date of recording, binding on all parcel owners going forward.

Organizing committee: Under Section 720.403, a group of parcel owners who initiate the revival process after MRTA extinguishment. The committee is responsible for circulating a petition, noticing and conducting the required meeting, and recording the revival declaration in the official records.

Conclusion

MRTA is one of the most significant — and most frequently overlooked — threats to the enforceability of Florida HOA covenants. A declaration of CC&Rs that was valid when recorded can be automatically extinguished by operation of law once 30 years have passed from the root of title without preservation or a specific chain-of-title reference. Florida law gives HOA boards both a prevention tool (Section 712.05 preservation) and a corrective tool (Section 720.403 revival), but the board must act proactively. The annual duty imposed by Section 720.303(2)(e) reflects the Legislature’s recognition that this is an ongoing governance responsibility, not a one-time concern.

About the Author

Erik Andrew Perez, Esq. (Florida Bar No. 115564) is a founding member of Perez Mayoral, P.A. and focuses on homeowner-side community association litigation, including disputes involving covenant enforcement, MRTA title issues, election challenges, and assessment disputes under Chapters 718 and 720, Florida Statutes. He represents homeowners in communities across Miami-Dade, Broward, and Palm Beach Counties, as well as throughout Central and Southwest Florida.

How We Can Help

If your HOA’s CC&Rs may be affected by MRTA, or if you are a homeowner who believes restrictions being enforced against you have been extinguished, the attorneys at Perez Mayoral, P.A. can analyze the chain of title for your specific parcel and advise on preservation, revival, or enforcement defenses. We represent homeowners only. We never represent associations, management companies, or developers. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Chapter 712, Florida Statutes (Marketable Record Title Act)
• Section 712.01, Florida Statutes (Definitions — Root of Title)
• Section 712.02, Florida Statutes (Marketable Record Title)
• Section 712.03, Florida Statutes (Exceptions to Marketability)
• Section 712.05, Florida Statutes (Preservation of Interests)
• Section 720.303(2), Florida Statutes (HOA Board Duties; Annual MRTA Consideration)
• Section 720.403, Florida Statutes (Revival of Declaration)
• Section 720.305(1), Florida Statutes (Obligations; Prevailing Party Fees)