Q & A’s about LALLOA’s Revitalization Efforts with MRTA
Marketable Record Title Act (MRTA) Florida Statute 712. Why our Community and Why Now?
Before MRTA, a Florida parcel’s title history would theoretically need to be researched back to the initial Spanish land grants when performing title searches for real estate transactions. In Florida, MRTA streamlined that process by stating certain interests in land are extinguished after 30 years. Documents such as Declarations of Covenants and Restrictive Covenants are included.
In effect, MRTA works as the ultimate statute of limitations. Since our documents are greater than 30 years old, we must revitalize them by obtaining signed Consent Forms from the majority of our Property Owners and submit those forms to the State of Florida Department of Economic Opportunity (DEO) to revalidate our original 1960’s Restrictive Covenants. The State will validate the Consent Forms and the Covenants so that we can file the revalidated documents at the Clay County Clerk’s Office.
Didn’t we do this back in March 2021? Why are we doing this again?
The State returned our application, Consent Forms and Restrictive Covenants with a clarification of the of their interpretation of a ‘community’. In their interpretation, a community belongs to a single set of Restrictive Covenants. Lake Asbury lake lots have ten (10) duplicate sets of Restrictive Covenants that cover sixteen (16) specific Units around the lakes. DEO is now requiring us to file a separate application for each Restrictive Covenant meaning we must have 10 separate filings with the state.
Are the Restrictive Covenants identical?
Yes, our Restrictive Covenants are identical with one exception. The only difference on each of the ten (10) Restrictive Covenants is the list of properties at the top and the date it was signed on the last page. Those are the only items that makes each set unique. Some of the references to the various Units and Replats were combined into a single document but most were not. Our 16 Units were reduced in that manner to ten (10) sets of Restrictive Covenants.
What Restrictive Covenants were filed by LALLOA with the State?
The original 1960’s era Restrictive Covenants for each Unit were filed for this MARTA Revitalization with the Florida Department of Economic Opportunity (DEO) in March of 2021. There were no changes, adjustments or modifications made to those original documents as written by the original Developer of Lake Asbury.
Why won’t the Consent Form I signed previously be acceptable?
The Consent Form that was used with the previous filing references all of the LALLOA units and replats on the single Consent Form. The State is requiring us to submit signed Consent Forms from properties assigned to specific Restrictive Covenants (there are 10 sets of Restrictive Covenants). In this manner, there will be 10 separate filings. We are asking for your help once again by signing a new Consent Form that references only the lots within your Unit.
Will these ten (10) filings separate our community?
No, our lakefront community will not be separated provided there is a majority of signed Consent Forms from each area Unit covered by the 10 different Restrictive Covenants.
Must every property owner sign the new Consent Form?
The State is requiring us to obtain 50 percent plus one (a simple majority) of signed Consent Forms for each of the 10 Restrictive Covenants. A simple majority will revitalize your part of the governing documents. Your signature represents your affirmation that you would like LALLOA to continue oversight of our community, lakes and dams. You are highly encouraged but not required to sign this form.
What happens if a majority do not sign these Consent Forms?
Lake Asbury Lake Lot Owners Association will continue to be the Primary Owner of the Lakes and Dams.
- Lake Lot Owners Association will continue to approve/disapprove all Docks, Boathouses, and Bulkhead projects
- Lake Lot Owners Association will continue to establish and enforce Lake Rules
Lake Lot construction issues will be resolved between neighbors and County Agencies, no HOA oversight
- Clay County will decide on who can build what on your lot
- Clay County ordinances are more relaxed than existing Waterfront Restrictive Covenants
An example of County versus Restrictive Covenants: Clay County allows a homeowner to build their home as close as 7.5 feet from the property line. The Restrictive Covenants have a more restrictive 10-foot requirement.
Another example of County versus Restrictive Covenants: County will only allow small storage buildings or separate garages [based upon a small percentage of the primary home] while the restrictive covenants allow needed storage buildings to support the lot (with HOA approval of course).