This is such an important topic that is often times difficult to teach. In a nutshell however, assume the following: Your condominium or HOA was created in the year 2000. That was when your declaration of condominium or declaration of covenants was recorded. Your declaration only adopts The Florida Condominium Act (Florida Statute 718) or The Florida Homeowner Association Act (Florida Statute 720) as it exists on the day the declaration was recorded. Your declaration does not contain language that also says the declaration automatically incorporates amendments to 718 or 720 as they are amended from time to time. This is known as “Kaufman” language. Read the entire article……………………………….
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