2026 Revisions to Deed Restrictions
PLEASE NOTE: NEW LANGUAGE INDICATED BY UNDERLINING;
DELETED LANGUAGE INDICATED BY STRIKETHROUGHS;
UNAFFECTED LANGUAGE INDICATED BY “. . .”
DELETED LANGUAGE INDICATED BY STRIKETHROUGHS;
UNAFFECTED LANGUAGE INDICATED BY “. . .”
Proposed amendment to the Revitalized Declaration of Restrictive and Protective Covenants – Venetian Isles (the “Declaration”), to delete DR 48 in its entirety.
EXISTING DR 48:
48. The Deed Restrictions and Protective Covenants hereby established shall run with the land and be binding on each homeowner, its successors and assigns and upon any and all persons and parties who may hereafter purchase, own or occupy any lot or lots within said subdivision up to and including January 1, 2030, unless sooner altered, modified or terminated as herein otherwise prescribed, and may be enforced by any owner of a lot in this subdivision through the Venetian Isles Homeowners Association, Inc.
EXPLANATION:
This DR was adopted based upon an incorrect belief that doing so would “preserve” the DRs from expiration under the Marketable Record Title Act (“MRTA”), until January 1, 2030. That is not how MRTA works. Preservation of DRs prior to expiration under MRTA, and revitalization post-expiration, are governed by state law and cannot be accomplished by internal additions or amendments to existing DRs.
The DRs were legally revitalized under MRTA in 2021 and are in force until 2051, unless sooner preserved under the MRTA procedures in state law.
The language stating that the deed restrictions are binding on each homeowner is contained elsewhere in the DRs so there is no consequence to deleting it here.
DR 48 would be deleted and removed.
EXISTING DR 48:
48. The Deed Restrictions and Protective Covenants hereby established shall run with the land and be binding on each homeowner, its successors and assigns and upon any and all persons and parties who may hereafter purchase, own or occupy any lot or lots within said subdivision up to and including January 1, 2030, unless sooner altered, modified or terminated as herein otherwise prescribed, and may be enforced by any owner of a lot in this subdivision through the Venetian Isles Homeowners Association, Inc.
EXPLANATION:
This DR was adopted based upon an incorrect belief that doing so would “preserve” the DRs from expiration under the Marketable Record Title Act (“MRTA”), until January 1, 2030. That is not how MRTA works. Preservation of DRs prior to expiration under MRTA, and revitalization post-expiration, are governed by state law and cannot be accomplished by internal additions or amendments to existing DRs.
The DRs were legally revitalized under MRTA in 2021 and are in force until 2051, unless sooner preserved under the MRTA procedures in state law.
The language stating that the deed restrictions are binding on each homeowner is contained elsewhere in the DRs so there is no consequence to deleting it here.
DR 48 would be deleted and removed.
Proposed amendment to the Declaration, to delete DR 51 in its entirety.
EXISTING DR 51:
51. The adoption of the Restrictions and Protective Covenants as outlined herein was contingent upon a 66-2/3% or more majority vote “For” each proposal counted in accordance with the provisions of paragraph 50 above and the completion of actions required to record same in the appropriate land records of Pinellas County as initiated by the Venetian Isles Homeowners Association Inc. They will become effective as “revised restrictions” on the date recorded and will revise and replace the Restrictions originally promulgated by Robert E. Lee and Co., Inc. of South Carolina for Units 1 through 9. The Restrictions and Protective Covenants are not retroactive subject to the provision that any action taken by Homeowners under existing restrictions between the date the Proposed Restrictions were offered for vote and the date they become effective must be taken in good faith without intent of avoiding the more restrictive provisions of the revised restrictions.
EXPLANATION:
This DR is entirely obsolete. It was adopted in the 1970s and it references a vote cast in the 1970s and subsequent actions (recording the DRs in the Public Records of Pinellas County) taken as a result of the vote in the 1970s. There is nothing forward-looking or proactive in this DR, and nothing applicable to the DRs today. It is not needed and should be deleted in its entirety.
DR 51 would be deleted and removed.
EXISTING DR 51:
51. The adoption of the Restrictions and Protective Covenants as outlined herein was contingent upon a 66-2/3% or more majority vote “For” each proposal counted in accordance with the provisions of paragraph 50 above and the completion of actions required to record same in the appropriate land records of Pinellas County as initiated by the Venetian Isles Homeowners Association Inc. They will become effective as “revised restrictions” on the date recorded and will revise and replace the Restrictions originally promulgated by Robert E. Lee and Co., Inc. of South Carolina for Units 1 through 9. The Restrictions and Protective Covenants are not retroactive subject to the provision that any action taken by Homeowners under existing restrictions between the date the Proposed Restrictions were offered for vote and the date they become effective must be taken in good faith without intent of avoiding the more restrictive provisions of the revised restrictions.
EXPLANATION:
This DR is entirely obsolete. It was adopted in the 1970s and it references a vote cast in the 1970s and subsequent actions (recording the DRs in the Public Records of Pinellas County) taken as a result of the vote in the 1970s. There is nothing forward-looking or proactive in this DR, and nothing applicable to the DRs today. It is not needed and should be deleted in its entirety.
DR 51 would be deleted and removed.
Current DR-50 to be amended:
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Proposed amendment to DR 50.B.(2) of the Declaration, to read as follows:
EXISTING DR 50 WITH CHANGES UNDERSCORED OR STRIKETHROUGH:
50. These Restrictions and Protective Covenants (“Deed Restrictions”) can be “Changed” (that is, amended, modified, extended, or otherwise Changed) from time to time by an election of the owners of the buildable, residential lots (“Lots”) that are subject to these Deed Restrictions (Note: in year 2024, there were 522 such Lots). The procedure for such Change is as follows:
… B. Change voted on:
… (2) To be adopted:
a) A minimum of 350 ballots must be received during the Ballot Election Period;
b) A Change must receive a number of “For” votes equal to, or more than, 80% of the received votes during the Ballot Election Period (e.g., if 350 ballots are received, 280 “For” votes are needed to pass; if 522 ballots are received, 418 “For” votes are needed to pass);
c) The Ballot Election Period shall be for 60 days, with an allowance for a 30-day extension authorized by the Board, to be posted on the VIHA website before the extension period begins, to notify the homeowners;, a Change must receive a number of “For” votes equal to, or more than, two-thirds of the number of Lots.
d) One vote per Lot.
EXPLANATION:
This proposed amendment changes the approval requirement for future DR amendments.
Currently, amendments must be approved by 2/3 of the total lots (522) subject to the DRs. This means that “non votes” are effectively equal to “NO” votes.
The proposed amendment establishes a 2-tiered system:
1. The threshold to even consider an amendment is that ballots must be returned from a minimum of 350 lots. This ensures participation by approximately 2/3 of the lots subject to the DRs.
2. The amendment then must receive at least 80% “yes” votes from the ballots cast. This ensures that a super-majority of votes cast are in favor of the amendment.
The amendment also establishes to 60-day ballot election period with option for a 30-day extension.
REVISED DR 50:
50. These Restrictions and Protective Covenants (“Deed Restrictions”) can be “Changed” (that is, amended, modified, extended, or otherwise Changed) from time to time by an election of the owners of the buildable, residential lots (“Lots”) that are subject to these Deed Restrictions (Note: in year 2024, there were 522 such Lots). The procedure for such Change is as follows:
B. Change voted on:
(2) To be adopted:
a) A minimum of 350 ballots must be received during the Ballot Election Period;
b) A Change must receive a number of “For” votes equal to, or more than, 80% of the received votes during the Ballot Election Period (e.g., if 350 ballots are received, 280 “For” votes are needed to pass; if 522 ballots are received, 418 “For” votes are needed to pass);
c) The Ballot Election Period shall be for 60 days, with an allowance for a 30-day extension authorized by the Board, to be posted on the VIHA website before the extension period begins, to notify the homeowners.
d) One vote per Lot.
EXISTING DR 50 WITH CHANGES UNDERSCORED OR STRIKETHROUGH:
50. These Restrictions and Protective Covenants (“Deed Restrictions”) can be “Changed” (that is, amended, modified, extended, or otherwise Changed) from time to time by an election of the owners of the buildable, residential lots (“Lots”) that are subject to these Deed Restrictions (Note: in year 2024, there were 522 such Lots). The procedure for such Change is as follows:
… B. Change voted on:
… (2) To be adopted:
a) A minimum of 350 ballots must be received during the Ballot Election Period;
b) A Change must receive a number of “For” votes equal to, or more than, 80% of the received votes during the Ballot Election Period (e.g., if 350 ballots are received, 280 “For” votes are needed to pass; if 522 ballots are received, 418 “For” votes are needed to pass);
c) The Ballot Election Period shall be for 60 days, with an allowance for a 30-day extension authorized by the Board, to be posted on the VIHA website before the extension period begins, to notify the homeowners;, a Change must receive a number of “For” votes equal to, or more than, two-thirds of the number of Lots.
d) One vote per Lot.
EXPLANATION:
This proposed amendment changes the approval requirement for future DR amendments.
Currently, amendments must be approved by 2/3 of the total lots (522) subject to the DRs. This means that “non votes” are effectively equal to “NO” votes.
The proposed amendment establishes a 2-tiered system:
1. The threshold to even consider an amendment is that ballots must be returned from a minimum of 350 lots. This ensures participation by approximately 2/3 of the lots subject to the DRs.
2. The amendment then must receive at least 80% “yes” votes from the ballots cast. This ensures that a super-majority of votes cast are in favor of the amendment.
The amendment also establishes to 60-day ballot election period with option for a 30-day extension.
REVISED DR 50:
50. These Restrictions and Protective Covenants (“Deed Restrictions”) can be “Changed” (that is, amended, modified, extended, or otherwise Changed) from time to time by an election of the owners of the buildable, residential lots (“Lots”) that are subject to these Deed Restrictions (Note: in year 2024, there were 522 such Lots). The procedure for such Change is as follows:
B. Change voted on:
(2) To be adopted:
a) A minimum of 350 ballots must be received during the Ballot Election Period;
b) A Change must receive a number of “For” votes equal to, or more than, 80% of the received votes during the Ballot Election Period (e.g., if 350 ballots are received, 280 “For” votes are needed to pass; if 522 ballots are received, 418 “For” votes are needed to pass);
c) The Ballot Election Period shall be for 60 days, with an allowance for a 30-day extension authorized by the Board, to be posted on the VIHA website before the extension period begins, to notify the homeowners.
d) One vote per Lot.
