Amendment to Florida Statute Section 712.05

The recent amendment to Florida Statute Section 712.05 adding new paragraph 2 allows a homeowners association to preserve the covenants by an amendment which references the book and page of the covenant to be preserved. However, there is possibly a question as to whether the new statute which becomes effective October 1, 2018 applies to an Amended and Restated Declaration which was recorded prior to the effective date of the Statute. It is an important time to meet with your HOA counsel to learn more about this important amendment.