Part II - Marco Island and the Deltona Deed Restrictions

This is the second of the three installments addressing the Deltona declarations of restrictions which the Mackle brothers (Deltona) recorded in the 1960s to initially govern all its properties within the Marco Beach Subdivision.

In the first installment, we gave a brief review of the Marco Beach Subdivision, it being one of a number of Florida subdivisions developed by Deltona.  The subdivision was developed in stages with the recording of individual plats of each subdivision unit.  Further, with the plat recordings, Deltona recorded approximately 130 declarations of restrictions governing individual residential and commercial neighborhoods.  Unencumbered by any homeowner’s associations, each neighborhood was subject only to its recorded declaration of restrictions (the Deltona restrictions).  These restrictions contained certain restrictions on usage and could be enforced both by any property owner within a neighborhood and by Deltona.  Additionally, the restrictions established Deltona’s architectural review committee to approve building plans.  Finally, each neighborhood was given the right to amend and even extinguish their restrictions (some of the declarations have in fact already been extinguished).

After Deltona had substantially completed the initial sales of its Marco Beach inventory and chose to close its own resale office, Deltona’s Marco Island Realty Company, its interests in enforcing the restrictions and in maintaining its architectural review committee understandably diminished. 

During the 1960s and early 1970s, many of the Florida subdivisions being developed by Deltona (all being developed in unincorporated areas) had community minded residents voluntarily establish civic associations to address local issues.  One of these associations was the Marco Island Civic Association (MICA).  First incorporated in 1973, MICA’s general purpose was to advance the principles of civic improvement and betterment. And, it became a major community voice addressing both Deltona and Collier County.

Years later, working with Deltona, MICA gained the assignments not only of Deltona’s developer rights to the general enforcement of the restrictions, but also its rights to maintain the architectural review committee.

Again, the Deltona restrictions provided:

NO BUILDING SHALL BE ERECTED NOR SHALL ANY 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 …  

Over the years MICA has had many accomplishments benefitting our community. Its operation of the architectural review committee, however, sometimes causes unnecessary problems.  Let me review a specific example of its recent attempt to extend the authority of its architectural review committee beyond the clear limits of the Deltona restrictions.

Recently, a named “Deed Restriction Specialist” of MICA’s “Deed Restriction Department” challenged a property owner’s installation of a fence.  The property owner then attempted to work with MICA’s Architectural Review Committee but to no avail.  Suddenly, the property owner was subjected to demand letters from MICA’s lawyers claiming that the fence (permitted by the city and already partially constructed) was not only in violation of the Deltona restrictions but also required approval by MICA’s architectural approval committee (which would not be given).  MICA further demanded not only that fence construction cease, but directed the property owner begin tearing down his entire fence within 5 days, or MICA would file a lawsuit against him for its removal.  Rather than take MICA’s words as true, he hired a lawyer.

An exchange of lawyers’ letters ensued.   The property owner kept maintaining:

1. The Deltona restrictions do not prohibit fences.

2.  The rights of MICA’s Architectural Review Committee is limited to review only of buildings; the committee has no approval control over fences.  

Finally, without any apology or acknowledgment that it had wrongly harassed the property owner, MICA simply went silent and took no action.  And, the property owner completed the construction of his fence.

Again, this installment is not intended to deny or diminish MICA’s many accomplishments.   Simply, a major portion of the island is still subject to the Deltona restrictions and you may find it important not only to know that the restrictions exist, but to also know their dimensions and limitations.

Stay tuned for our last and final installment of Fred's series.