KAREN O. GAFFNEY, P.A.

ATTORNEY AT LAW
221 WEST MAIN STREET SUITE 0 INVERNESS. FLORIDA 34450 KAREN O. GAFFNEY E-mail Address:karengaffney@tampabay.rr.com
TELEPHONE 352f726-9222 352/726-2124

FAX

February 6, 2007

Mini Farms Property Owners' Assoc., Inc. Attn: John Ezell, President P.O. Box 1289 Crystal River, Florida 34423
RE: Mini Farms Units 4, 5, and 14

Dear Mr. Ezell: You have asked several questions regarding the above-noted units located in the Mini Farms Subdivision. Specifically, as I understand your questions, you have inquired as to whether or not, the Restrictions, including Covenants allowing for maintenance assessments, remain valid for Units 4 and 5 of the Mini Farms. You have also asked, whether or not, the Covenants and Restrictions applicable to Unit 14 provide those owners of parcels in Unit 14, both membership and voting rights, in the Association, as well as, a maintenance obligation. As follows, is my response to both of these questions.
Mini Farms Unit '"

The original Declaration of Restrictive Covenants for Unit 4 of the Mini Farms, were dated January 29, 1976, and recorded on February 3, 1976, at O.R. Book 420, Page 150, Public Records of Citrus County, Florida. The required Affidavit pursuant to Chapter 712 of the Florida Statutes to allow for an extension of the Restrictions was dated on August 28, 2006, and recorded on September 18, 2006 ..
Mini Farms Unit 5

With respect to the original Restrictions for Unit 5, they were dated April 9, 1976, and recorded on April 20, 1976, at Official Record Book433, Page 359. The Affidavit and Notice to preserve those Restrictions were dated August 28, 2006, and recorded on September 18, 2006. Pursuant to the Marketable Record Title Act, Chapter 712 of the Florida Statutes, record title to property is free and clear of all claims except matters set forth as exceptions to ,

Ltr to Mr. Ezell 02-07-09 Page 1of 2 marketability if held for period of more than thirty (30) years. One of the exceptions to marketability would be Restrictions that are disclosed on the face of subsequent deeds. For that exception to apply the disclosure of Restrictions may not be a general reference to Restrictions such as "subject to Restrictions and Covenants of record", but must contain a specific reference to the book and page of the recorded instrument. Thus, Restrictive Covenants that have been of record for more than thirty (30) years without renewal upon the filing of a notice or specific reference within subsequent deeds of conveyance would be extinguished. In Florida Statute 712.05, the homeowner's association may preserve any Covenant or Restriction and protect the same from extinguishment by the operation of the Marketable Record Title Act by filing for record during the "thirty (30) year period immediately following the effective date of the root or title" a notice in writing preserving the Restrictions. With respect to Units 4 and 5, the 712.05 notice was filed of record on September 18, 2006. Accordingly, the Restrictions for Units 4 and 5 would have been extinguished in January 2006 and April 2006 respectively, unless separate deeds of conveyance within the last thirty (30) years have identified those Restrictions by referencing the book and page thereof. This would allow a homeowner in Unit 4 or 5 the opportunity to claim that they are not members of the Association and not obligated to provide payment of assessments due to the extinguishment of the Restrictions and successfully do so by providing copies of deeds of conveyance to each lot for the previous thirty (30) year period should those deeds of conveyance not contain specific reference to the Restrictions.

Mini Farms Unit 14

With respect to Unit 14, Unit 14 which is the Florida Woodland Homes Unit, is governed by a Declaration of Covenants and Road Maintenance Agreement for Mini Farms Subdivision Unit 14. This Declaration of Covenants and Road Maintenance Agreement obligates each lot owner to provide a maintenance assessment to the Association as the Administrator. However, these Restrictions do not provide that the owners of parcels in Unit 14 are, in fact, members of the Association, and therefore, affords those lots owners no voting rights at all. If you have any further questions, please do not hesitate to contact me. Yours truly,

KOG/pcm

Karen O. Gaffney, Esquire