Understanding “Kaufman Language” and How it Affects HOAs in Florida

The issue of homeowner’s associations (HOAs) in Florida is causing quite a stir, especially with the recent introduction of a new state law regarding parking restrictions. The case of Kaufman vs. Shere from 1977 has resurfaced, leading to confusion and frustration among residents living in HOA-governed communities.

One such resident, Ryan McIntire, found himself at odds with his HOA in The Meadows over parking his beloved Chevy Silverado pickup in his driveway. Despite the new state law that should have allowed him to do so, the HOA cited the lack of “Kaufman language” in their governing documents as a reason to continue enforcing their existing rules.

Attorney Jonathan Ellis explained that communities without “Kaufman language” are not required to follow the new law, as it depends on the language in the community association’s governing documents at the time of recording. This has led to a standoff between residents like Ryan and their HOAs, with parking citations and fines being issued.

Ryan, who received numerous parking citations and faced the threat of a lien, ultimately agreed to park his truck off-site to avoid further penalties. Until The Meadows and other HOAs change their stance on the new law, residents like Ryan will have to navigate the existing rules or risk facing consequences.

The debate over HOA regulations and the interpretation of governing documents continues to spark controversy and frustration among Florida residents. Stay tuned as this story develops and residents seek clarity on their rights within their communities.