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Florida Statute 720.405 - Full Text and Legal Analysis
Florida Statute 720.405 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 720
HOMEOWNERS' ASSOCIATIONS
View Entire Chapter
720.405 Organizing committee; parcel owner approval.
(1) The proposal to revive a declaration of covenants and an association for a community under the terms of this act shall be initiated by an organizing committee consisting of not less than three parcel owners located in the community that is proposed to be governed by the revived declaration. The name, address, and telephone number of each member of the organizing committee must be included in any notice or other document provided by the committee to parcel owners to be affected by the proposed revived declaration.
(2) The organizing committee shall prepare or cause to be prepared the complete text of the proposed revised declaration of covenants to be submitted to the parcel owners for approval. The proposed revived documents must identify each parcel that is to be subject to the governing documents by its legal description, and by the name of the parcel owner or the person in whose name the parcel is assessed on the last completed tax assessment roll of the county at the time when the proposed revived declaration is submitted for approval by the parcel owners.
(3) The organizing committee shall prepare the full text of the proposed articles of incorporation and bylaws of the revived association to be submitted to the parcel owners for approval, unless the association is then an existing corporation, in which case the organizing committee shall prepare the existing articles of incorporation and bylaws to be submitted to the parcel owners.
(4) The proposed revived declaration and other governing documents for the community shall:
(a) Provide that the voting interest of each parcel owner shall be the same as the voting interest of the parcel owner under the previous governing documents;
(b) Provide that the proportional-assessment obligations of each parcel owner shall be the same as proportional-assessment obligations of the parcel owner under the previous governing documents;
(c) Contain the same respective amendment provisions as the previous governing documents or, if there were no amendment provisions in the previous governing document, amendment provisions that require approval of not less than two-thirds of the affected parcel owners;
(d) Contain no covenants that are more restrictive on the affected parcel owners than the covenants contained in the previous governing documents, except as permitted under s. 720.404(3); and
(e) Comply with the other requirements for a declaration of covenants and other governing documents as specified in this chapter.
(5) A copy of the complete text of the proposed revised declaration of covenants, the proposed new or existing articles of incorporation and bylaws of the association, and a graphic depiction of the property to be governed by the revived declaration shall be presented to all of the affected parcel owners by mail or hand delivery not less than 14 days before the time that the consent of the affected parcel owners to the proposed governing documents is sought by the organizing committee.
(6) A majority of the affected parcel owners must agree in writing to the revived declaration of covenants and governing documents of the association or approve the revived declaration and governing documents by a vote at a meeting of the affected parcel owners noticed and conducted in the manner prescribed by s. 720.306. Proof of notice of the meeting to all affected owners of the meeting and the minutes of the meeting recording the votes of the property owners shall be certified by a court reporter or an attorney licensed to practice in the state.
History.s. 13, ch. 2004-345; s. 9, ch. 2004-353; s. 137, ch. 2005-2; s. 14, ch. 2018-55.

F.S. 720.405 on Google Scholar

F.S. 720.405 on CourtListener

Amendments to 720.405


Annotations, Discussions, Cases:

Cases Citing Statute 720.405

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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

...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. Section 720.405 states that "[t]he proposal to revive a declaration of covenants ....
...Florida Statutes, supra, and part of the fee simple, Article V, Declaration of Condominium, supra, the parking area itself is necessarily appurtenant to the unit, even if regulated by the Association."). -8- 720.405(1)....
...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....
...capable of separate conveyance is not at issue. Cf. § 718.107(2) ("The share in the -9- Therefore, had the unit owners formed an organizing committee and prepared and submitted the necessary documents to the Department, see § 720.405, the Department would have been unable to deny the proposed revival on the basis that the organizing committee is not eligible to seek revival because it is not subject to chapter 720. Finally, we agree with the Associat...

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.