[CLC-Discussion] Unrecorded deed restriction question

[RPPTL CLC-Discussion]

Hello all:

Hope everyone had a good holiday.

I have a client that developed a residential duplex property that was zoned for a duplex and the existing deed restrictions allowed duplexes on parcels zoned for duplexes.
During the permitting process and few months before the permit was issued the HOA amended the deed restrictions to reference an unrecorded document from the original state approval for development of 47,000 acres that supposedly does not allow the duplex.

Can a deed restriction incorporate by reference a document that is not recorded be an effective deed restriction?  So far I can not locate the document on-line. There is no dispute it is not recorded.

Thank you for any help you can provide.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dan at dangreenelaw.com
dangreenelaw at gmail.com

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