Association language is full of abbreviations. One abbreviation pretty often used is MRTA – an abbreviation that stands for MARKETABLE RECORD TITLE ACT.

Chapter 712 of the Florida Statutes is headlined: MARKETABLE RECORD TITLES TO REAL PROPERTY and contains the provisions regulating – among many other issues – the life-span of any deed-restrictions to properties.

Especially homeowners’ associations – voluntary and mandatory – are subject to these restrictions.

Especially the community association service industry fights in Tallahassee for ways to circumvent the strict provisions ending the life of homeowners’ associations. No association – no income for them. The opinion of homeowners is split, some want to keep the association alive, while many others love to see them disappear.

And that creates the foundation for many lawsuits fought over MRTA, between board members and homeowners who want their independence back. The courts are full of lawsuits over this issue – and these lawsuits are often very emotional.

I have listed on our Foundation website a few important cases dealing with MRTA.

Courts have made it very clear that FS 712 creates rules that end the life of associations, if the deed-restrictions were not renewed in a timely manner (FS 712.09).

Two appeals court rulings clearly show what the MARKETABLE RECORD TITLE ACT is all about:
MATISSEK v. WALLER and

SUNSHINE VISTAS HOMEOWNERS ASSOCIATION v. LOUIS CARUANA, ETC., ET AL.

If you want to know more about this ACT, the Florida Bar published an article written by Gregory M. Cook, Esq.: The Marketable Record Title Act Made Easy

Believe me, understanding the ins and outs of the MARKETABLE RECORD TITLE ACT isn’t easy, but this article gives you a good start when trying to figure out what this law is all about.