Barney v. Silver Lakes Acres Property

PLEUS, R., Senior Judge.

This appeal raises the issue of whether the Marketable Record Title Act (MRTA) extinguishes restrictions by a named homeowners’ association. We agree with the trial court, which properly determined MRTA did not extinguish the restrictive covenants.

The restrictive covenants for the Silver Lakes Acres subdivision were recorded on November 4, 1968. Amendment One was recorded on April 7, 1982. Amendment One adopted the original restrictive covenants and provided for an annual maintenance assessment that obligated each property owner to pay $12.00 per year (later raised to…