Legal Stuff

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As mentioned previously, Florida's Marketable Record Title Act caused the covenants and restrictions (C&R's) to cease to exist.

The HOA recorded a 712.05 preservation notice on November 23, 2009.  That 712.05 notice did not purport to preserve the C&Rs recorded on December 7th, 1978.  This was possibly because the notice recorded was recorded more than 30 years after the 1978 C&Rs.

Many of the properties original deeds were filed prior to the 30 year anniversary.  For instance, if the "root of title" for a particular lot was July 2, 1979, the C&Rs on that property would expire on July 2, 2009 - 4 months before the HOA attempted to preserve the original covenants.

Another issue is that none of the muniments of title in the chain of title, beginning with the root of title, reasserted the December 7, 1978 C&Rs by specific reference to the book and page number.  Consequently, at the 30 year anniversary of each homeowners' root of title, MRTA had the legal effect of cutting off the 1978 C&Rs and any purported amendments thereto, such as the 2002 amendment that forced homeowners into mandatory membership.

See, e.g., Matissek v. Waller, 51 So.3d 625 (Fla. 2d DCA 2011); see also, Judge Lisa Munyon’s March 4, 2011, “Order on Plaintiff’s First Partial Summary Judgment Motion – Marketable Record Title Act,” in Busch v. Sand Lake Hills Homeowners Association, Inc., Case No. 10-CA-11,262. 

The legal cases mentioned above are exactly like the situation playing out in Lime Tree Village.  What makes this matter worse is that the Board of Directors of the HOA and their attorney, Karen Wonsetler have been notified of this fact.  They have decided to ignore this and move forward with their plans.  According to their newsletters homeowners are still bound by the C&Rs (lie), they are still required to pay membership dues (lie), and most recently the HOA admitted in charging estoppel fees, essentially interjecting themselves in the transfer of real estate in the neighborhood and informing lending institutions that homeowners may or may not be delinquent with their dues and would be liable for future assessments and special assessments (more lies and possibly criminal behavior).

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