A new Florida HOA law may seem straightforward until a homeowner asks whether it applies to an older community. The answer can depend on the wording of the HOA’s governing documents, when those documents were recorded, and what the new law changes. One phrase to look for is commonly called Kaufman language. Here is how to find it—and why finding it is only the start of the inquiry.

What Is Kaufman Language in a Florida HOA?

Kaufman language is wording that incorporates future changes to a Florida statute into an association’s governing documents. It often refers to an applicable law “as amended from time to time” or uses similar language showing an intent to adopt later statutory amendments. The name comes from Kaufman v. Shere, a Florida condominium case involving a declaration that expressly incorporated future changes to the Condominium Act. Florida’s Supreme Court later examined similar language and concluded that the parties in that case had agreed to be bound by future amendments.

For a homeowners’ association, the statute to look for is generally Chapter 720, Florida Statutes. A declaration might refer to Chapter 720, the Homeowners’ Association Act, or another applicable statute. The precise wording matters: a reference to an existing law does not necessarily mean the documents incorporate every future change to that law. Courts read the provision in the context of the entire governing document and the particular dispute.

Why Does Kaufman Language Matter When Florida HOA Laws Change?

Florida HOA declarations create contractual rights and obligations. When the Legislature changes Chapter 720, a question can arise about whether the new provision affects a right established in an older declaration. Language expressly incorporating future statutory amendments can be important to that analysis. Without it, a later law does not necessarily rewrite an older contractual provision, particularly when doing so would impair a substantive right.

That does not mean an HOA without Kaufman language can ignore every new law. The answer also depends on the text of the statute, its effective date, whether the Legislature specified how it applies to existing associations, and whether the change affects a contractual right. Likewise, finding Kaufman language does not tell you, by itself, how every new provision applies. The document and the law have to be read together.

Where Should You Look in Your HOA Governing Documents?

Start with the recorded declaration of covenants, sometimes titled a declaration of restrictions, declaration of covenants and restrictions, or master declaration. Then check every recorded amendment and supplement, followed by the association’s articles of incorporation and bylaws. Florida law defines HOA governing documents to include the recorded declaration and its duly adopted, recorded changes, as well as the articles and bylaws and their amendments. A copy of the original declaration alone may therefore be incomplete.

Search each document for “Chapter 720,” “Florida Statutes,” “Homeowners’ Association Act,” “as amended,” “from time to time,” “hereafter amended,” and “incorporated by reference.” Check definitions and introductory provisions as well as sections addressing the specific issue you are researching. If the files are scanned images, a text search may miss the phrase; review the relevant pages visually. Save the full page and surrounding section when you find a possible match, because context can change its meaning.

How Can You Get the Current Recorded Declaration and Amendments?

Ask the HOA or its management company for the current declaration and all amendments, articles, and bylaws. Florida law requires an association to keep an adequate number of copies of its recorded governing documents available to members and prospective members. A parcel owner may also submit a written official-records request; the statute sets a 10-business-day period for making accessible records available for inspection or photocopying after the board or its designee receives the request.

You can also search the official records in the county where the community is located. Try the association’s legal name and the names of the developer or subdivision, then look for later documents labeled amendment, supplement, or restated declaration. Florida law provides that an amendment to an HOA governing document becomes effective when recorded in that county’s public records. Compare any copy supplied by the association with the recorded history before treating it as complete.

Does the Phrase “As Amended” Always Qualify as Kaufman Language?

No. The placement and wording of the phrase matter, as does the right at issue. In a 2025 condominium decision, a Florida appeals court held that an introductory reference to the Condominium Act “as amended” did not automatically incorporate a later statutory change that conflicted with specific voting protections in the declaration. That decision concerned a condominium under Chapter 718, so it should not be presented as an automatic ruling on every HOA declaration under Chapter 720. It does show why readers should examine the whole provision rather than circle two words and stop.

Also check what the clause incorporates. A provision may refer to a particular statute, a defined term, or the law governing one subject rather than every future change to Chapter 720. Compare that language with any specific restriction elsewhere in the declaration. If the provisions appear to conflict, the issue may require a legal interpretation rather than a keyword search.

Does Florida Require Every HOA to Have Kaufman Language?

Florida’s 2026 Legislature considered a proposal addressing Kaufman language in community association documents. House Bill 657 died in the Senate Rules Committee on March 13, 2026. Homeowners should not assume that the proposal added Kaufman language to their existing documents or became a rule for every Florida HOA. Check your association’s actual documents and the law currently in effect.

What Should You Do If Your HOA Says a New Law Does Not Apply?

Ask the association to identify the specific recorded provision and the specific statutory section supporting its position. Request the declaration and amendments it relied on, including recording dates, and compare the language with the law’s effective date. This gives homeowners and boards a focused question to review instead of a broad claim that an association is either exempt from, or automatically bound by, every new HOA law. For a consequential dispute over fines, property use, voting, or assessments, have a Florida community association attorney review the documents and the particular statute.

The practical first step is simple: get the complete, current set of governing documents and find the clause that addresses future changes in law. The harder question is what that clause means for the particular law and HOA rule in dispute. Answering it requires the full text, the recorded amendment history, and the statute—not the words “Kaufman language” alone.

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