By Eric Glazer, Esq.

Published June 10, 2024



Two weeks I spoke about a case I argued before The Florida Supreme Court in 2011 called Cohn v. The Grand Condominium.  In that case, the minority commercial unit owners at The Grand Condominium challenged a new Florida statute that took away their rights under the bylaws and declaration to elect a majority of the Board of Directors.  On appeal, The Florida Supreme Court said that since this new law impaired the contractual voting rights of the commercial unit owners, it could only apply at The Grand if the declaration contained Kaufman  language or language which put the parties on notice that future changes to Florida Statute 718 (The Florida Condominium Act) would automatically apply at The Grand.  Unfortunately for the residential unit owners, the declaration for The Grand Condominium only adopted The Florida Condominium Act when the Declaration of Condominium was filed in 1986.  There was no “and as amended from time to time” language.  Therefore, the court held that as applied to The Grand Condominium, this statute would be unconstitutional and could not be applied there.


As I said…….It was easy to see that  if The Florida Supreme Court ruled against Cohn, the court would set up a bizarre system where new laws would apply in some condominiums and not others and it would depend upon which condominiums have “as amended from time to time” language and which do not.  There could be 10 condominiums all on the same block and each one could be governed by a different set of laws, depending upon when the condominium was built and which ones do and do not have as amended from time to time language in their governing documents.


Again, that’s the system The Florida Supreme Court put in place.  That’s what we have today.  I also said “Ask a Florida legislator if this is what they thought or knew when they passed these new laws that they believed would protect the lives of Florida citizens after The Champlain Towers.  Do you think they thought it may only apply to few, if any, Floridians?” Tragic.


My partner Richard Sachs may have a good idea to resolve this Kaufman Language confusion, at least for condominiums, co-ops and HOAs built since 1991. All of these communities incorporated under Florida Statute 607 or 617 when they came into existence. 


Florida Statute   617.0102 and 607.0102 stated at that time and states to this very day:


Reservation of power to amend or repeal.The Legislature has the power to amend or repeal all or part of this act at any time, and all domestic and foreign corporations subject to this act shall be governed by the amendment or repeal.



Therefore, if a simple amendment was made to the above statute(s) to say:


all associations governed under Florida Statutes 718, 719 and 720 are bound to said statutes as they may exist from time to time. 


Every association would obviously be bound to the current statutes and all amendments to those statutes regardless of whether or not they have “as amended from time to time” language in their governing documents.


This is a great idea that The Florida Legislature must consider during the next legislative session if they want all condominiums,  HOAs and co-ops to be forced to follow the new laws that they pass and are so vital for the health, welfare and safety of all of our residents.


Of course, even that could be challenged, but in light of the provisions above it’s this attorney’s opinion that it would be a difficult road to hoe.

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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently, he moved the show to YouTube, transforming it into a more dynamic and interactive experience. This move not only allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.



Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

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