Friday, January 15, 2016

2016 Senate Bill 7031 - HOA Declarations Exemption from Marketable Record Title Act

I personally think this bill is a bad idea.  We have enough problems with HOAs which are governed by ancient documents written decades ago!

Bill Text Senate Bill 7031

Proposed language:

712.03 Exceptions to marketability.—Such marketable record 33 title shall not affect or extinguish the following rights: 34 (10) A covenant or restriction of a homeowners' 35 association or mandatory property owners' association.


  1. Did you ever post the checklist for determining if mrta extinguished the association CR&Rs? If the builder did not include a statement of subject to the covenants etc. in one or more of the original deeds would that exclude those lots from the mandatory association and make it a voluntary association?

  2. Is this legislation going to have a retroactive effect?