Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 720.403 - Full Text and Legal Analysis
Florida Statute 720.403 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 720.403 Case Law from Google Scholar Google Search for Amendments to 720.403

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 720
HOMEOWNERS' ASSOCIATIONS
View Entire Chapter
720.403 Preservation of communities; revival of declaration of covenants.
(1) Consistent with required and optional elements of local comprehensive plans and other applicable provisions of the Community Planning Act, property owners are encouraged to preserve existing residential and other communities, promote available and affordable housing, protect structural and aesthetic elements of their community, and, as applicable, maintain roads and streets, easements, water and sewer systems, utilities, drainage improvements, conservation and open areas, recreational amenities, and other infrastructure and common areas that serve and support the community by the revival of a previous declaration of covenants and other governing documents that may have ceased to govern some or all parcels in the community.
(2) In order to preserve a community and the associated infrastructure and common areas for the purposes described in this section, the parcel owners in a community that was previously subject to a declaration of covenants that has ceased to govern one or more parcels in the community may revive the declaration and the association for the community upon approval by the parcel owners to be governed thereby as provided in this act, and upon approval of the declaration and the other governing documents for the association by the Department of Commerce in a manner consistent with this act.
(3) This part is intended to provide mechanisms for the revitalization of covenants or restrictions for all types of communities and property associations and is not limited to residential communities.
History.s. 11, ch. 2004-345; s. 7, ch. 2004-353; s. 68, ch. 2011-139; s. 437, ch. 2011-142; s. 12, ch. 2018-55; s. 234, ch. 2024-6.

F.S. 720.403 on Google Scholar

F.S. 720.403 on CourtListener

Amendments to 720.403


Annotations, Discussions, Cases:

Cases Citing Statute 720.403

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Scott Lyday & Tammy Lyday v. Myakka Valley Ranches Improvement Ass'n, Inc. & Vivian Zabik (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

...manner." (alteration in original) (quoting City of Jacksonville v. Horn, 496 So. 2d 204, 206 (Fla. 1st DCA 1986))).4 4Because an untimely notice cannot revive covenants and restrictions that have been extinguished, in 2004 the legislature enacted section 720.403, Florida Statutes, to provide a process for communities with covenants extinguished by MRTA to -5- Because MRTA extinguished the Association's restrictions as to the Lyday...
Copy

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

...Property Owners Association, Inc., challenges the Department of Economic Opportunity's determination that the Association is not entitled to revive its declaration of covenants and restrictions pursuant to the covenant revitalization statutes, §§ 720.403-.407, Fla. Stat....
...chapter 718 . . . except to the extent that a provision of chapter 718 . . . is expressly incorporated into this chapter for the purpose of regulating homeowners' associations." -3- pursuant to sections 720.403-.407....
...-4- However, MRTA also recognizes that covenants and restrictions can be revived: "[a] homeowners' association not otherwise subject to chapter 720[, the Homeowners' Association chapter,] may use the procedures set forth in [sections] 720.403-720.407 to revive covenants that have lapsed under the terms of [MRTA]." § 712.11....
...support the residential community by the revival of a previous declaration of covenants and other governing documents that may have ceased to govern some or all parcels in the community. § 720.403(1). Because the Department erroneously interpreted the applicable sections of MRTA and chapters 718 and 720, we reverse the order determining that the Association does not qualify as a "homeowners' association" and therefore is not entitled to revive its declaration of covenants....
... BADALAMENTI, J., Concurs. LaROSE, Chief Judge, Dissents with opinion. - 11 - LaROSE, Chief Judge, Dissenting. I respectfully dissent. The Association was not a "homeowners' association" entitled to use sections 720.403-.407 to revive its lapsed declaration of covenants under MRTA, section 712.11....
...3d 476, 479 (Fla. 1st DCA 2017) (quoting Overstreet v. State, 629 So. 2d 125, 126 (Fla. 1993)). Section 712.11 provides that "[a] homeowners' association not otherwise subject to chapter 720 may use the procedures set forth in [sections] 720.403-720.407 to revive covenants that have lapsed under the terms of this chapter." Section 712.01(4) defines "homeowners' association," in part, as "an association of parcel owners which is authorized to enforce use restrictions that are impos...

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.