Florida Community Association Manager Practice Exam

What must homeowners associations do to revive an expired declaration of covenants?

1. Disband and reform a new association

2. Vote for a new set of rules

3. Follow a specific revival process

4. Obtain a federal waiver

The correct answer is: Follow a specific revival process

Reviving an expired declaration of covenants is a structured process that homeowners associations must follow to ensure that the rules and restrictions governing the community are enforceable once again. This process often involves legal requirements meant to reflect the wishes of the homeowners while adhering to state laws that govern such associations. In Florida, for example, the revival process typically includes steps like obtaining consensus from the membership and possibly re-recording the declaration with the local land office to inform future buyers and owners of the revived restrictions. The need for this structured process ensures that all homeowners have a voice in the revival and that the community operates transparently within the legal framework. The other options may not meet the legal requirements outlined by Florida statute or may not reflect the process needed to re-establish governance through covenants. Disbanding and reforming doesn't provide continuity of governance nor does it protect the rights and obligations established in the past. Similarly, simply voting for a new set of rules or obtaining a federal waiver does not pertain to the specific revival process required for covenants, which operates under state law. This distinction underscores the importance of following the designated revival process to safeguard community interests and maintain compliance with governing laws.