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KARENO. GAFFNEY,P.A.

ATTORNEY AT LAW

221 WEST MAIN STREET SUITE 0 INVERNESS. FLORIDA 34450

E-mail Address:karengaffney@tampabay.rr.comKAREN O. GAFFNEY

February 6, 2007

Mini Farms Property Owners' Assoc., Inc.Attn: John Ezell, PresidentP.O. Box 1289Crystal River, Florida 34423

RE: Mini Farms Units 4, 5, and 14

Dear Mr. Ezell:

TELEPHONE

352f726-9222

FAX

352/726-2124

You have asked several questions regarding the above-noted units located in the MiniFarms Subdivision. Specifically, as I understand your questions, you have inquired as to whetheror not, the Restrictions, including Covenants allowing for maintenance assessments, remainvalid for Units 4 and 5 of the Mini Farms. You have also asked, whether or not, the Covenantsand Restrictions applicable to Unit 14 provide those owners of parcels in Unit 14, bothmembership and voting rights, in the Association, as well as, a maintenance obligation. Asfollows, is my response to both of these questions.

Mini Farms Unit '"

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

Mini Farms Unit 5

With respect to the original Restrictions for Unit 5, they were dated April 9, 1976, andrecorded on April 20, 1976, at Official Record Book433, Page 359. The Affidavit and Notice topreserve 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,

7/31/2019 Gaffney Letter to Ezell - 02-07

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02-07-09

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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 copiesof 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,

Karen O. Gaffney, EsquireKOG/pcm