Kaufman Language: Understanding Your HOA's Power

 

What is Kaufman Language?

Kaufman language is a legal term that arose from the Kaufman vs. Shere court decision which determines how new condominium laws apply to existing associations. 

 

Why Does it Matter?

• HOAs with Kaufman language: These HOAs generally have to follow new state laws that affect HOAs.

• HOAs without Kaufman language: These HOAs might be able to keep old rules, even if they don't match new state laws. This is because their rules were agreed to when you bought your home.

 

A Real-Life Example:

A recent Florida law (HB 1203) says HOAs can't ban homeowners from overnight truck parking in their own driveway, but the Meadows Community Association in Sarasota, Florida without Kaufman language in their contracts is legally entitled to continue enforcing this restriction. Homeowners familiar with the new law were surprised to find out from the HOA board that they didn't have to abide bo the new law based on this Kaufman language not being in their documents.

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Understanding Your Rights:

Florida law sets basic rules for HOAs. But your HOA's own rules, called governing documents, also matter. If your HOA doesn't have Kaufman language in those documents they aren't under the authority of new laws.

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Key Points to Remember:

• State laws are the strongest rules.

• Your HOA's rules are like a contract you agreed to when buying your home.

• Kaufman language in your HOA results in their need to comply with new state laws.

• HOAs without Kaufman language aren't required to comply with conflicting new laws.

• The specific Kaufman language required to incorporate new laws is, “This declaration [or association] shall be governed by the Condominium Act, as amended from time-to-time.”

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What Can You Do?

Understanding the impact of Kaufman language can help you understand your rights as a homeowner. If you have questions about your HOA's rules, talk to your HOA board or a lawyer.