Florida Statute 720.404 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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720.404 Eligible communities; requirements for revival of declaration.—Parcel owners in a community are eligible to seek approval from the Department of Commerce 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;

(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; s. 438, ch. 2011-142; s. 13, ch. 2018-55; s. 235, ch. 2024-6.

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Amendments to 720.404

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Cases Citing Statute 720.404

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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

...tatutes.9 The courts are not at liberty to add language to statutes. Gordon v. Fishman, 253 So. 3d 1218, 1221 (Fla. 2d DCA 2018). Our reading of MRTA is reinforced by the language of the covenant revitalization statutes themselves. Section 720.404 provides that "[p]arcel owners in a community are eligible to seek approval from the [Department] to revive a declaration of covenants" if the statutory requirements are met....

...By the governing documents to be a member of an association that serves the community; and 2. To pay to the homeowners' association assessments that, if not paid, may result in a lien. § 720.301(11). By the express language of sections 720.404 and 720.405, eligibility for revival is not determined by the definition of association....

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