Lyday v. Myakka Valley Ranches Improvement Association, Inc., 031519 FLCA2, 2D17-1726
|Opinion Judge:||KELLY, JUDGE.|
|Party Name:||SCOTT LYDAY and TAMMY LYDAY, Appellants, v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC., a not-for-profit Florida corporation; and VIVIAN ZABIK, Appellees.|
|Attorney:||Frederic B. O'Neal, Windermere, for Appellants. James H. Burgess, Jr., of Burgess, Harrell, Mancuso, Colton & La Porta, P.A., Sarasota, for Appellees.|
|Judge Panel:||SLEET and SALARIO, JJ., Concur.|
|Case Date:||March 15, 2019|
|Court:||Florida Court of Appeals, Second District|
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
Appeal from the Circuit Court for Sarasota County; Lon Arend, Judge.
Frederic B. O'Neal, Windermere, for Appellants.
James H. Burgess, Jr., of Burgess, Harrell, Mancuso, Colton & La Porta, P.A., Sarasota, for Appellees.
Scott and Tammy Lyday appeal from the final judgment entered in favor of the appellee, Myakka Valley Ranches Improvement Association, Inc., 1 in an action in which the Lydays challenged the enforceability of the Association's Declaration of Restrictions. Because we conclude the Marketable Record Titles to Real Property Act(MRTA) extinguished the Association's restrictions as to the Lydays' property, we reverse.
Myakka Valley Ranches is a subdivision originally developed by Myakka Valley, Inc. It consisted of an unrecorded plat and Units I-V. Between 1965 and 1978, Myakka Valley, Inc., filed and recorded Declarations of Restrictions on the unrecorded plat and on each of the five units of the subdivision. The restrictions for Unit II were filed and recorded on April 14, 1971. In 1982, Myakka Valley, Inc., assigned all of its rights and responsibilities under the Declarations of Restrictions to the Association.
On March 12, 2010, the Lydays obtained title to Lot 76 in Unit II of the subdivision. The dispute underlying this action arose when the Association voted to impose an assessment on the lot owners in Unit II and the Lydays refused to pay. Subsequently, the Association filed a lien against the Lydays' property.
As a result of the Association's actions, the Lydays filed a multicount complaint seeking declaratory and other relief. At the heart of the action was the Lydays' contention that the restrictions pertaining to Unit II generally, and to their lot specifically, had been extinguished by MRTA and thus, the Association had no authority to impose an assessment on their lot. The Association filed a counterclaim and third-party complaint which, among other things, sought a declaration that the restrictions were enforceable and that the Lydays owed the Association the past due assessments as well as attorney's fees and costs.
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