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Subject: Kaufman Language - Fla
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Author Messages
DanN3
(Florida)

Posts:89


04/14/2017 5:39 AM  
If your association governing Docs simply say adherence to Ch 718 is required and does not include 'as amended from time to time.' Does it mean that one is only subject to the requirements of 718 that existed at the time the governing documents were recorded or are they still subject to Ch 718 revisions that occurred after the initial Docs recordation?
GwenG
(Florida)

Posts:521


04/14/2017 9:31 AM  
That is exactly what my attorney told me. Your association is "frozen in time" to whatever existed at the time of incorporation. This applies only to "substantive" legislated changes. It does not apply to remedial and curative changes.

The intent to preserve the contract. Allowing the legislature to change the terms unilaterally, in opposition to the intention of the original governing documents, is an impairment of contract. The statute itself declares that it has no intention to impair an existing contract.

The Kaufman language states an intent to be subject to future legislative substantive changes. Absence of the language says NO substantive changes will be constitutionally lawful.

I am not an attorney but am restating what my attorney advised me.

You might consider contacting Eric Glazer Esq (who is very accessible to the public without a retainer) who actually litigated the landmark case (Cohn vs The Grand Condominium) in 2011. Though it was strictly about condo, it is generally recognized to be as applicable to HOA and other deed-restricted schemes.
DanN3
(Florida)

Posts:89


04/15/2017 8:06 AM  
Very interesting and very useful information. Thanks for your input !
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