By Jan Bergemann    

Published June 7, 2024


For me, being born and raised in Germany and having worked in many different European countries until I was 39 years old, it is very difficult to understand how a contract can make the Constitution and/or the law of the land moot.


When the Florida Supreme Court ruled in the case of Cohn v. The Grand Condominium, it created nothing but total chaos in Florida’s community associations, especially if the governing documents of the association didn’t carry the Kaufman Language – “as amended from time to time”!


Just imagine you own property in a condo that was built in 1986. There was no CONDO ACT (FS 718) and even FS 607 (FLORIDA BUSINESS CORPORATION ACT) and FS 617 (Corporations Not For Profit) was very different than it is today. Good luck finding out what the laws that actually regulate your condo associations really are. Even on the website of the Florida Senate, which I always use to find the latest version of all laws, you can only find laws dating back to 1997. Now what?


It’s no more: Is your association regulated by FS 718 or FS 720? No! It’s: Do the governing documents of your association have the Kaufman language? In most cases the answer will be: “How would I know?” It’s already often difficult enough to get an answer to the question: “Do you live in a condo or an HOA?”


This nonsense has to end – rather sooner than later. In the next legislative session – or if there is a special session in between – the Florida Legislature has to find the necessary language to make all community associations obey to the latest laws – Kaufman language or not!

HTML Comment Box is loading comments...
Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

Join the 

CCFJ Email List

For Email Marketing you can trust