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 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:

Educational Website:

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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