Is Your HOA Turning 30? Everything You Need to Know About MRTA Timing, Risks, and the 720 Preservation Process

Florida’s Marketable Record Title Act (MRTA), Chapter 712, Florida Statutes, was designed to simplify land titles by extinguishing old covenants and restrictions after 30 years — unless they are properly preserved. For homeowners’ associations, this can create serious and often unexpected consequences. 

MRTA automatically eliminates certain recorded covenants and restrictions after 30 years from the “root of title” (usually the date the original declaration was recorded). If an HOA’s governing documents are extinguished under MRTA, the association may lose its legal authority to: 

• Enforce architectural standards 

• Collect assessments 

• Enforce use restrictions (rentals, parking, pets, etc.) 

• Maintain common areas funded by mandatory dues 

In short, MRTA can strip an HOA of many of the powers that allow it to function as a community association.

The key issue is age. Many Florida HOAs were created in the 1970s, 80s, and 90s, meaning their original declarations are now at or beyond the 30-year MRTA threshold. If the association has not taken formal steps to preserve its governing documents, portions — or all — of its covenants may already be extinguished. 

Important: Amendments to the declaration do not automatically reset the MRTA clock. Consult the Association Attorney to verify legal applicability of any amendments. 

Florida Statute 720.3032 provides a streamlined way for HOAs to preserve their governing documents from MRTA extinguishment. The general preservation steps include: 

1. Board Approval - The board of directors may approve the preservation of the declaration and other governing documents at a properly noticed board meeting (unless the governing documents require member approval). 
2. Prepare a Notice of Preservation - The association prepares a formal document identifying the covenants and restrictions being preserved, referencing the original declaration recording information. 
3. Record in the Public Records - The Notice of Preservation is recorded in the county’s official records before the MRTA deadline. 
4. Post-Recording Member Notice - The association must provide notice to the membership (typically within 30 days after recording) that the preservation has occurred. 

Once properly recorded, this action resets the MRTA clock, preserving the HOA’s authority for another 30 years. Be sure to involve the Association’s attorney to ensure the steps are completed correctly. 

If MRTA preservation was not done in time, the association may need to go through a more complicated covenant revitalization process under FS 720.403–720.407, which requires member approval and state review. This process is longer, more expensive, and not guaranteed. 

Board Takeaway: MRTA compliance is not optional housekeeping — it is a governance survival issue.

Boards should confirm with association counsel and management that: 

✔ Their declaration has been preserved 

✔ The preservation was recorded correctly 

✔ The next preservation deadline is tracked 

A simple recording today can prevent major legal and financial problems tomorrow.