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CHAOS SUPREME: THE KAUFMAN LANGUAGE!
By
Jan Bergemann
Published October 15, 2021
Let’s be
very honest: Since the Florida Supreme Court ruled that new
legislation enacted by the Florida Legislature doesn’t apply to
associations if the language of the declaration doesn’t contain
the so-called “Kaufman Language”.
Typical
Kaufman language might read like this: "This community shall
be governed by Chapter 718 of the Florida Statutes as same
exists on the date hereof, and as same may be amended from time
to time."
But many
owners and board members struggle to not only find the language
– or the fact that it is missing – but have as well serious
problems interpreting the meaning of it.
Make no
mistake: Not all new laws don’t apply to this community if the
Kaufman wording is missing.
Here is
an interpretation that in all reality makes it in my opinion
even more complicated: “The presence of Kaufman language in
the governing documents only operates to apply new "substantive"
statutes, i.e. to statutes that directly impact the economic or
property rights of parties - such as who has to insure
something; or who has repair something; or who has to pay for
something; or who can do what with his or her property.”
Does that
“explanation” really clears it all up? I don’t think so.
In my
opinion it only makes living in a community association in
Florida more complicated. And isn’t it already complicated
enough?
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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
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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
!
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