I live in an older neighorhood. The covenants expired. An association had filed with the DEO to revitalize and those new documents were approved. Here is the catch - the association fails to meet the requirements of Statute 720 and does not fit the definition of a Homeowners Association. They lack lien rights and the restrictions were amended several years ago to force lifetime membership on new owners and those who voluntarily join and to grant the association jurisdiction over the ptoperties drastically altering the scope of the developement, but that amendment was passed with less than unanimous consent. Those amendments also refer to the by-laws for details like assessments and enforcement giving non-members a less-than-equal voice in the governance of their properties.
Your question is: Is their revitalization valid despite them not meeting the legal definition as required by law?
The answer is - who (on line) knows? Since you INCLUDE within your question (your own) legal conclusion (i.e, that the "Association doesn't meet the legal definition as required by law," and since your entire question, in fact is filled with legal conclusions (although I assume you are not a lawyer?); I am reluctant to posit and answer, and suggest instead that (to get the best answer here), you should consult with a good local real estate attorney. A good lawyer can investigate the facts you mention, review whatever instruments the members have executed, and have been recorded; speak with the Association's attorney, review the specifically applicable case law, and come up with some real answers for you. This matter is fact-and-recorded- instrument driven, and is simply far too complicated to answer unequivocally "on-line." For informational purposes only, I have attached the operative statute governing what is required for covenant revitalization below.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
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