We value property rights in Florida.   If there are restrictions on a property, those are part of the property rights and need to be imposed if they are valid.  However, if the restrictions have expired, that means they are no longer valid, and that is also part of the property rights.

You cannot arbitrarily apply restrictions, it depends on how, where, and when the restrictions are recorded.  Restrictions can expire, for example, Davis Shores used to have racial restrictions, which have expired.

The Marketable Records Title Act (MRTA) is a Florida statute that cleans up property title.  If you have a mortgage over 30 years, that is the marketable record title.  Before the 1960s, you would have to do a title search to the earliest record back to the patent.  Then in the 1960s, the Florida Legislature said that if you have chain of title for 30 years, you have good title…but there may be exceptions and restrictions.

When buying or acquiring real estate, or if planning to make changes to your property, check for exceptions and restrictions on the property…and find out if those restrictions are still valid.