What is Revitalization, and why is it required?
Revitalization is the process for a community to reinstate covenants impacted by the Florida Marketable Records Title Act (MRTA).  While HIIA maintains the opinion that the association’s PC&Rs have not been extinguished by MRTA for any lot or unit, completing a successful Revitalization would put an end to the uncertainty created by the pending litigation (MRTA Lawsuit).
For more in-depth information on this topic, including why HIIA is undertaking this process, please visit the main Revitalization page located on this website.

What is the requirement for a successful Revitalization?
The revitalization process requires written approval by a majority (50% plus 1) of the affected parcel and unit owners/lessees within Holiday Isle. A majority of all parcels and units in Holiday Isle is calculated to be 962 out of a total of 1922.  Once we have the required number of Consent Forms, the required document package will be submitted to the Florida Department of Commerce for review and approval.

When are Consent Forms due?
We ask that the Consent Form be returned by January 22, 2024. While we have the ability to extend the deadline for receipt of consents, the sooner a majority is received, the sooner we eliminate the cloud over the Association’s ability to fully and effectively enforce the PC&Rs to protect your property rights and continue to maintain and beautify our treasured Holiday Isle community. Please mail or deliver the signed Consent Form to Holiday Isle Improvement Association, Inc., Attention: Revitalization Organizing Committee, PO Box 5467, Destin, FL 32540 or it may be hand-delivered to any member of the Organizing Committee.

If HIIA ultimately and after any appeal loses the MRTA Lawsuit, will all owners and lessees in Holiday Isle no longer be subject to the PC&Rs?
No. MRTA is applied on a case-by-case basis and many properties on Holiday Isle don’t have the same characteristics as those of the Plaintiffs in the MRTA Lawsuit.  If the Plaintiffs win, it would be a Swiss cheese effect with some properties subject to the PC&Rs and some not.  On appeal the court could also determine that a portion of the PC&Rs apply even to the Plaintiffs’ properties, or the trial court’s ruling could be overturned entirely, confirming the application and enforceability of the PC&Rs.  A final court decision however is expected to take many months, likely years, at a significant financial cost. 

If HIIA does not get enough signatures for a successful Revitalization, will the City of Destin will take over landscaping on the right-of-way?
Not necessarily.  While the City of Destin owns the right-of-way on all public roads on Holiday Isle, HIIA has maintained those rights-of-way since 1998 under a maintenance agreement with the City. Unless the agreement is terminated, HIIA would continue to maintain them to the extent of its financial capabilities. If the City were to voluntarily take over the maintenance at some point, the level of that maintenance is unpredictable.

If HIIA does not get enough signatures for a successful Revitalization, will the City of Destin will take over the HIIA beach accesses and canals?
The City of Destin will not be involved in the upkeep and maintenance of the canals or HIIA beach accesses, as they are common areas of Holiday Isle Improvement Association, Inc. through lease assignments and a quit claim deed.  If some properties on Holiday Isle are subject to the PC&Rs and some are not as a result of a final adverse ruling in the MRTA lawsuit, a different financial picture for the Association could mean a lower level of maintenance for those areas.

If there are not enough signed Consent Forms, the HOA will just “go away” and I will not have to pay assessments.
HIIA will not be dissolved even if the MRTA lawsuit isn’t ultimately resolved in HIIA’s favor. An analysis would need to be conducted on every property to review the chain of title to determine if the restrictions have been extinguished as to the parcel or unit. Even those properties may still be required to pay a minimal amount assessment based on their lease assignment, regardless of their MRTA status.  The result would then be that some properties may have to pay a higher annual assessment than others.

Who needs to sign the Consent Form?
This will depend on how ownership of the property has been established:

• Each individual who is named on a Deed or Lease Agreement will need to sign the Consent Form.
• If the property is in a trust, the signature must be by the trustee of the trust.
• If the property is owned by a business entity (LLC, Inc, etc), an authorized signatory of the entity must sign the document.

Where can I find information to show who needs to sign the consent form?
You have several options to locate this information:

• All owners for each property are included on the list of affected properties included in the packet you have received.
• Visit the Okaloosa County Property Appraisers website at okaloosapa.com to search for your property then review the links for your Deed or Leasehold Agreement.
• Visit the Okaloosa Clerk of Courts website at okaloosaclerk.com, then search the Official Records for your Deed or Leasehold Agreement.
• Send an email to admin@holidayisleimprovement.com to inquire; please make sure that you include your address or the name of your condo and unit number.

What if an owner named on the Deed or Leasehold Agreement is deceased?
If a named individual on a Deed or Leasehold Agreement is deceased, please attach documentation to reflect this situation as it must be provided to the State.

Can I assign a proxy to sign on my behalf?
No, Florida Statute requires that owners sign their own Consent Forms.

Can I email or fax my signed form?
No, the State requires an original signature on all Consent Forms.

What are the advantages of having active PC&Rs?
The objective of the PC&Rs is to help protect and maintain the community by establishing and enforcing certain rules and restrictions.  The PC&Rs are designed to protect property values, and to maintain a reasonably safe and attractive neighborhood; the annual assessments are used to oversee the health and maintenance of the beach accesses, canals, landscaping, and security services – all to the benefit of the member properties in Holiday Isle.  HIIA also interfaces and advocates on behalf of the membership with the City of Destin, Okaloosa County, Army Corp of Engineers, and any other entity or utility that could have a direct impact on daily life for the owners and lessees on Holiday Isle.  We have been fortunate in recent years to be spared the impacts of any major storms, but that has not always been the case. Long-time owners will remember that HIIA has been the primary contact in times of previous disasters, ensuring owners ability to access their properties, and making sure that timely repairs are made to infrastructure in an effort to return to normalcy.

How are PC&Rs and rules created, and how does HIIA enforce them?
PC&Rs can only be amended or changed by the vote of the membership; the Board of Directors can make or amend reasonable rules provided that they do not conflict with the PC&Rs. Depending on the rule being made or changed, a required notice with information will be sent to the membership in advance of the meeting where the change is to be discussed. The Board of Directors is unable to grant variances for any provision of the PC&Rs; this ensures consistent enforcement and equal treatment of all members. Violations of the PC&Rs or rules may result in fines, subject, as a prerequisite, to the Florida State Statute’s requirement for the opportunity for a hearing before a committee of the owner’s peers.

How can I get involved with HIIA?
The HIIA Board of Directors is comprised of 9 members who each serve a three-year term; terms for directors are arranged so that one-third (1/3) of the directors are elected at the Annual Membership Meeting in January of each year. The Board of Directors meets on the first Monday of each month (with certain exceptions, such as holidays).  Board Members are expected to attend each of these meetings in person, via Zoom, or by phone.
Additionally, HIIA has several committees overseeing everything from beaches, canals, and enhancement to architectural review, landscaping, and security.  Committee participation is encouraged, and is open to all HIIA members.
For more information regarding Board and Committee participation, please visit the Owner’s Area of this website.