Part I - Marco Island and the Deltona Deed Restrictions

There is continuing confusion on our island community regarding the Marco Island Civic Association’s enforcement of deed restrictions governing parts of Marco Island.  In a three part series, we will provide some historical context and then review the nature and breadth of the recorded declarations of restrictions (the “deed restrictions”) governing the properties platted within the Marco Beach Subdivision. 

Beginning in 1962, the Mackle brothers acquired most of the undeveloped land on Marco Island.  Through various entities, primarily The Deltona Company (Deltona), they developed the Marco Beach Subdivision.  Our island was one of possibly a dozen Florida real estate projects developed by the Mackle brothers.  Of note, when they started the Marco Beach Subdivision, the entire population of Collier County was less than 16,000 and Marco Island wasn’t going to be incorporated for another 35 years. 

Deltona cleared, dredged, and filled the lands.  Its Marco Beach Subdivision was developed in a series of individual Units.  Each Unit was created with the recording of a plat in the Collier County Public Records.  In conjunction with recording plats, Deltona recorded declarations of restrictions (the deed restrictions now commonly referred to as “The Deltona Restrictions”) governing its properties in each of its Units.  In very general terms, as each Unit was platted, Deltona recorded a separate declaration of restrictions governing all the single family properties in the Unit as well as multiple declarations governing all the other properties (including commercial and multi-family parcels) in the Unit.  In total, Deltona recorded at least 129 declarations of restrictions. In a sense, each declaration of restrictions established its own “neighborhood”.

FACT ONE:  Deltona never created any homeowner’s association to govern its properties in the Marco Beach Subdivision.  Its properties were subject simply to the Collier County zoning laws and to the recorded Deltona Restrictions. 

FACT TWO:  The Deltona Restrictions ordinarily contain use restrictions (single family residential, multifamily residential, commercial, and such), setback restrictions, and footprint size restrictions.  Additionally, they routinely contain restrictions prohibiting such things as oil drilling, trailers and tents, livestock, dumping grounds, and other conduct now clearly governed by the Marco Island City Code.

FACT THREE: In addition to such use restrictions, The Deltona Restrictions also provide for architectural review of proposed building construction.  They generally provide:

NO BUILDING SHALL BE ERECTED NOR SHALL ALTERATIONS OR ADDITIONS BE MADE TO EXISTING BUILDINGS ON ANY LOT UNTIL THE DESIGN AND LOCATION THEREOF SHALL HAVE BEEN APPROVED IN WRITING BY A COMMITTEE APPOINTED BY THE SUBDIVIDER, ITS SUCCESSORS OR ASSIGNS, PROVIDED HOWEVER, IN THE EVENT THAT SUCH COMMITTEE IS NOT IN EXISTENCE OR FAILS TO TAKE OFFICIAL ACTION WITH RESPECT TO APPROVAL OR DISAPPROVAL OF ANY SUCH DESIGN OR DESIGNS, OR LOCATION WITHIN THIRTY (30) DAYS, THEN SUCH APPROVAL WILL NOT BE REQUIRED…

FACT FOUR:  The restrictions were not intended to be eternal; rather, they expressly allow their amendment and even cancellation and commonly read:

THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON THE UNDERSIGNED AND ON ALL PERSONS CLAIMING UNDER THEM UNTIL JANUARY 31, 1995, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCESSIVE PERIODS OF TEN (10) YEARS, UNLESS BY MAJORITY VOTE OF THE THEN OWNERS OF THE LOTS OR TRACTS IT IS AGREED TO CHANGE SAID COVENANTS IN WHOLE OR IN PART.

While restrictions governing residential neighborhoods might be difficult to extinguish by such majority vote, certain neighborhoods have in fact already voted to extinguish all their restrictions.  A number of commercial and other properties are now wholly free of any Deltona Restrictions.

FACT FIVE:  Each of the Declarations of Restrictions provide that the restrictions are enforceable by each and every property owner within its neighborhood as well as by the developer (The Deltona Corporation) and its successors.

HOPEFULLY, this initial installment has been beneficial.  The next installment will proceed to the Marco Island Civic Association’s current involvement with the Deltona Restrictions.