Lyday v. Myakka Valley Ranches Improvement Association
Florida District Court of Appeal
279 So. 3d 733 (2019)
- Written by Eric Miller, JD
Facts
Myakka Valley, Inc., filed and recorded declarations of restrictions on the units of a subdivision, later assigning the rights to Myakka Valley Ranches Improvement Association, Inc. (the association) (defendant). The restrictions for Unit II were filed and recorded in 1971. The association filed notice to preserve the restrictions in 2004. In 2010, Scott and Tammy Lyday (plaintiffs) took title to one of the lots in Unit II. The association imposed an assessment pursuant to the restrictions. The Lydays refused to pay and brought an action for declaratory and other relief. The Lydays argued that the state’s marketable-title act extinguished the association’s restrictions, which predated the act’s 30-year window for establishing marketable title. The association pointed to an exception in the act that allowed parties to preserve their interests by filing notice within 30 years of the root of title—i.e., the most recent instrument in the chain of title that is more than 30 years old. The trial court entered judgment in favor of the association. The Lydays appealed.
Rule of Law
Issue
Holding and Reasoning (Kelly, J.)
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