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DOES THE SO-CALLED “KAUFMAN LANGUAGE" MAKE SENSE?
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 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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