By Jan Bergemann

Published December 15, 2017

We hear so much about the so-called Kaufman language – or in words: “As amended from time to time.”

In my opinion it’s just another legal trap built into governing documents aimed at confusing anyone who has to deal with it.

I don’t think it even makes sense, because it causes most associations to be governed by totally different statutes.

What happens to HOAs that don’t have the Kaufman language in their governing docs? Well, what happens for example with revitalizations (FS 720.403-407)? As we have seen, many of the older communities don’t have the “infamous” language in their governing docs and the provisions have only been created in 2004. Does that mean the community can’t be revitalized? Many of the owners would jump with joy if their HOA finally dies unceremoniously.

But I bet some attorney would find some ways to convince the government agency in charge of revitalization approval that the “missing” language doesn’t really matter. Most of these agencies don't hire folks that have Einstein in their family trees.

Nothing written in governing docs should make legislative changes in statutes obsolete.

The great advice: Change the governing docs if the much needed language is missing. We all know that getting the necessary signatures from a super-majority of owners is in many communities nearly impossible.

Apathy rules – and there are communities were the board couldn’t get the signatures even if they invited the ownership to a free meal.

In my opinion it’s just another way to create more legal fees at the expense of the owners!

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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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