Florida Statutes
Fla. Stat. § 720.403 (2025)
Preservation of communities; revival of declaration of covenants.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2019–2022 · leading case: Harper v. Heather Hills Amenities, LLC (M.D. Fla. 2022).
Harper v. Heather Hills Amenities, LLC (M.D. Fla. 2022). “In the June 15, 2018 Confirmation Order, the Bankruptcy Court made two findings regarding the approval of the New Restrictions: (1) the “balloting process in this case met all the requirements of due process and was consistent with the requirements of Florida Statute § 720.403,…”
Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019). “, 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. (2016), because it is not a "homeowners'…”
Scott Lyday & Tammy Lyday v. Myakka Valley Ranches Improvement Ass'n, Inc. & Vivian Zabik (Fla. 2d DCA 2019). “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 Lydays' lot, it was error for the trial court to grant the Association's motions for summary judgment on its…”
— 720.403(1) — 2 cases
Harper v. Heather Hills Amenities, LLC (M.D. Fla. 2022). “In the June 15, 2018 Confirmation Order, the Bankruptcy Court made two findings regarding the approval of the New Restrictions: (1) the “balloting process in this case met all the requirements of due process and was consistent with the requirements of Florida Statute § 720.403,…”
Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019). “, 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. (2016), because it is not a "homeowners'…”
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