REQUIRING “KAUFMAN LANGUAGE” OR “AS AMENDED FROM TIME TO TIME” LANGUAGE IN CONDOMINIUM AND

The Issue

Whereas, many Southeast Florida cities are densely populated with numerous condominium and homeowner associations. Whereby condominium associations are governed by Florida Statute 718 et. Seq., “The Florida Condominium Act” and homeowner associations are governed by Florida Statute 720 et. Seq. “The Florida Homeowner Association Act.” And whereas each year The Florida Legislature typically passes new laws and amends the foregoing statutes in order to better protect the residents of the State of Florida, including those that live within The City of Hallandale Beach, Florida (whereby the petitioners of this petition - Kaufman Language advocate Donna Rubin and Commissioner Anabelle Lima-Taub reside).

  • And WHEREAS, as a result of several court decisions, many of the new laws that get passed each year and attempt to assist owners in condominiums and HOAs do not apply in all condominiums and HOAs in The City of Hallandale Beach, unless the declarations of these communities specifically contain language that makes it clear that the association will be governed by the version of Chapter 718 or Chapter 720 that was in effect when the declaration was originally recorded and “as the statute is amended from time to time”;
  • And WHEREAS, some associations have the “as amended from time to time” language in their governing documents and others do not.  This has led to new laws being applicable to some associations in this city while at the same time not being applicable to those associations that do not have “as amended from time to time” language in their governing documents;
  • And WHEREAS, as a result of the foregoing, each condominium and HOA in many Southeast Florida cities are governed by different sets of statutes, depending upon when the condominium or HOA was built, what statute was in effect at that time, and whether the governing documents contain “as amended from time to time” language;
  • And WHEREAS, the foregoing has resulted in confusion and inconsistencies between the laws that apply to communities that are even located next to each other, as one community may be subject to the laws as they existed before Florida Statutes 718 or 720 even existed, while the neighboring community which was built at exactly the same time may be subject to the current version of these statutes;
  • And WHEREAS, in the interests of protecting the owners of condominium units and homes located in homeowner associations, petitioners Donna Rubin and Anabelle Lima-Taub implore all community associations adopt amendments to their governing documents which incorporates “as amended from time to time” language;
  • And WHEREAS, in the interests of protecting residents in condominiums and homeowner associations in The State of Florida, petitioners Donna Rubin and Hallandale Beach Commissioner Anabelle Lima-Taub request that The Florida Legislature enact legislation that requires all new declarations of condominium and declarations of covenants and restrictions to contain language that automatically incorporates legislative amendments as they are passed by The Florida Legislature from time to time.

Note of Credit and Gratitude: Thank you, Attorney Eric Glazer, for his significant roll in drafting the language in this petition which was also presented as a Resolution in favor of requiring "Kaufman Language" or "As amended from time to time" language in condominium and homeowner association declarations to the Hallandale Beach commission on May 20th, 2020 (passing unanimously).

 

This petition had 23 supporters

The Issue

Whereas, many Southeast Florida cities are densely populated with numerous condominium and homeowner associations. Whereby condominium associations are governed by Florida Statute 718 et. Seq., “The Florida Condominium Act” and homeowner associations are governed by Florida Statute 720 et. Seq. “The Florida Homeowner Association Act.” And whereas each year The Florida Legislature typically passes new laws and amends the foregoing statutes in order to better protect the residents of the State of Florida, including those that live within The City of Hallandale Beach, Florida (whereby the petitioners of this petition - Kaufman Language advocate Donna Rubin and Commissioner Anabelle Lima-Taub reside).

  • And WHEREAS, as a result of several court decisions, many of the new laws that get passed each year and attempt to assist owners in condominiums and HOAs do not apply in all condominiums and HOAs in The City of Hallandale Beach, unless the declarations of these communities specifically contain language that makes it clear that the association will be governed by the version of Chapter 718 or Chapter 720 that was in effect when the declaration was originally recorded and “as the statute is amended from time to time”;
  • And WHEREAS, some associations have the “as amended from time to time” language in their governing documents and others do not.  This has led to new laws being applicable to some associations in this city while at the same time not being applicable to those associations that do not have “as amended from time to time” language in their governing documents;
  • And WHEREAS, as a result of the foregoing, each condominium and HOA in many Southeast Florida cities are governed by different sets of statutes, depending upon when the condominium or HOA was built, what statute was in effect at that time, and whether the governing documents contain “as amended from time to time” language;
  • And WHEREAS, the foregoing has resulted in confusion and inconsistencies between the laws that apply to communities that are even located next to each other, as one community may be subject to the laws as they existed before Florida Statutes 718 or 720 even existed, while the neighboring community which was built at exactly the same time may be subject to the current version of these statutes;
  • And WHEREAS, in the interests of protecting the owners of condominium units and homes located in homeowner associations, petitioners Donna Rubin and Anabelle Lima-Taub implore all community associations adopt amendments to their governing documents which incorporates “as amended from time to time” language;
  • And WHEREAS, in the interests of protecting residents in condominiums and homeowner associations in The State of Florida, petitioners Donna Rubin and Hallandale Beach Commissioner Anabelle Lima-Taub request that The Florida Legislature enact legislation that requires all new declarations of condominium and declarations of covenants and restrictions to contain language that automatically incorporates legislative amendments as they are passed by The Florida Legislature from time to time.

Note of Credit and Gratitude: Thank you, Attorney Eric Glazer, for his significant roll in drafting the language in this petition which was also presented as a Resolution in favor of requiring "Kaufman Language" or "As amended from time to time" language in condominium and homeowner association declarations to the Hallandale Beach commission on May 20th, 2020 (passing unanimously).

 

Petition Updates