UNTANGLING LEGAL CHALLENGES
: KAUFMAN LANGUAGE COMPLEXITY
By
Rafael Aquino
Published June 12, 2024
The concept of Kaufman language, which dictates
whether new laws apply to a condominium association, introduces a
significant layer of complexity for board members and community
association managers. This legal nuance can result in different laws
governing neighboring condominiums, creating a fragmented and
confusing landscape. For those tasked with managing these
communities, understanding and implementing such intricate legal
details adds to the already demanding responsibilities of their
roles. This is why having a strong, supportive team in your corner
is crucial. A proficient management company, a knowledgeable
attorney, and other reliable vendors are essential to navigating
these challenges effectively.
Richard Sachs from Glazer & Associates, a
well-respected attorney in our field, recently proposed a solution
to a significant issue that many communities associations face: more
consistency in how new laws are applied. Whether new laws apply to a
condominium depends on whether its governing documents contain
specific language ("as amended from time to time"). This creates a
fragmented system where neighboring associations may follow
different laws, complicating the management process.
Sachs suggested an amendment to Florida Statutes
617.0102 and 607.0102, stating that all associations governed under
Florida Statutes 718, 719, and 720 should be bound to these statutes
as they exist from time to time. This proposal is a game-changer. It
would ensure that all associations are uniformly bound by current
and future amendments, simplifying the legal landscape for board
members and managers alike.
Implementing Sachs' idea would make life
significantly easier for those of us in community association
management. It would remove the guesswork and legal ambiguity,
allowing boards to focus on their primary goal: improving their
communities. It's a reminder of how important it is to work with
partners who understand these complexities and advocate for
practical solutions. When our partners collaborate with legislators
to address real-world challenges, they help create a more manageable
environment for everyone involved.
In the community association management space,
the right partnerships are vital for success. An effective
management company, a skilled attorney, and knowledgeable vendors
can make all the difference in navigating the intricacies of
association governance. If your association struggles to create
these essential partnerships, it's time to make a change. Reach out
to professionals with the support and expertise needed to thrive.
Remember, with the right team by your side, you
can overcome any challenge and ensure the success of your community.
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