LTC 241-2020 City of Hallandale Resolution No. 2020-026M IAM I BEACH
OFFICE OF THE CITY CLERK
No. 241-2020
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members of the City Commission
Rafael E. Granado, City Clerk ~,' ~ A
July 9, 2020
CITY OF HALLANDALE RESOLUTION NO. 2020-026
Attached for your information is Resolution No. 2020-026, adopted by the Mayor and City
Commission of City of Hallandale on May 20, 2020.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF HALLANDALE BEACH, FLORIDA, IN FAVOR OF REQUIRING
"KAUFMAN LANGUAGE" OR "AS AMENDED FROM TIME TO TIME"
LANGUAGE IN CONDOMINIUM AND HOMEOWNER ASSOCIATION
DECLARATIONS; AND PROVIDING AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor, Commissioners and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's - Transmittal's\Hallandale Beach\Resolution 2020-026 City of Hallandale.docx
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12 WHEREAS, the City of Hallandale Beach, Florida is densely populated with
RESOLUTION NO. 2020 - 026
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF HALLANDALE BEACH,
FLORIDA, IN FAVOR OF REQUIRING "KAUFMAN
LANGUAGE" OR "AS AMENDED FROM TIME TO TIME"
LANGUAGE IN CONDOMINIUM AND HOMEOWNER
ASSOCIATION DECLARATIONS; AND PROVIDING AN
EFFECTIVE DA TE.
13 numerous condominium and homeowner associations; and
14 WHEREAS, condominium associations are governed by Florida Statute 718 et.
15 Seq., "The Florida Condominium Act" and homeowner associations are governed by
16 Florida Statute 720 et. Seq. "The Florida Homeowner Association Act;" and
17 WHEREAS, each year the Florida Legislature typically passes new laws and
18 amends the foregoing statutes in order to better protect the residents of the State of
19 Florida, including those that live within the City; and
20 WHEREAS, as a result of several court decisions, many of the new laws that get
21 passed each year and attempt to assist owners in condominiums and HOAs do not apply
22 in all condominiums and HOAs in the City of Hallandale Beach, unless the declarations of
23 these communities specifically contain language that makes it clear that the association
24 will be governed by the version of Ch apter 718 or Chapter 720 that was in effect when the
25 declaration was originally recorded and "as the statute is amended from time to time," and
26 WHEREAS, some associations have the "as amended from time to time" language
27 in their governing documents and others do not. This has led to new laws being applicable
28 to some associations in this city while at the same time not be ing applicable to those
29 association s that do not have "as amended from time to time" language in their governing
30 documen ts; and
31 WHEREAS, as a result of the foregoing, each condominium and HOA in the City
32 is governed by different sets of statutes, depending upon when the condominium or HOA
33 was built, what statute was in effect at that time, and whether the governing documents
34 contain "as amended from time to time" language, known as "Kaufman Language;" and
35 WHEREAS, the foregoing has resulted in confusion and inconsistencies be tw een
36 the laws that apply to communities that are even located next to each other, as one
37 community may be subject to the laws as they existed before Florida Statutes 718 or 720
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FI L E N O 20 -15 7
38 even existed , while the neighboring com m unity wh ich w as built at exact ly the sam e tim e
39 may be subject to th e current version of these statutes; and
4 0 WHEREAS, in the interests of protecting the owners of condominium units and
41 homes located in homeowner associations, this commission recommends that all
42 community associations adopt amendments to their governing documents which
43 incorporates "as amended from time to time" language; and
44 WHEREAS, in the interests of protecting residents in condominiums and
45 homeowner associations in the State of Florida, this Commission requests that the Florida
46 Legislature enact legislation that requires all new declarations of condominium and
47 declarations of covenants and restrictions to contain language that automatically
48 incorporates legislative amendments as they are passed by the Florida Legislature from
49 time to time.
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51 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
52 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
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56 SECTION 2. The Mayor and City Commission hereby recommend that all
SECTION 1. The foregoing "Whereas" clauses are incorporated herein.
57 community associations adopt amendments to their governing documents which
58 incorporates "as amended from time to time" language.
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60 SECTION 3. The Mayor and City Commission hereby requests that the Florida
61 Legislature enact legislation that requires all new declarations of condominium and
62 declarations of covenants and restrictions to contain language that automatically
63 incorporates legislative amendments as they are passed by the Florida Legislature from
64 time to time.
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66 SECTION 4. The City Clerk is hereby instructed to distribute this resolution to
67 associations known to the City and to other individuals and representatives, as
68 appropriate, including City Clerks of other municipalities, the Florida League of Cities and
69 the Broward Delegation.
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2 RESO 2020-026
FILE NO. 20-157
71 SECTIO N 5. Effective Date. This Resolut ion shall take effect im m ed iately upon
72 its passage and adoption.
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74 APPROVED AND ADOPTED this 20 day of May 2020.
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81 SPONSORED BY: COMMISSIONER ANABELLE LIMA-TAUB
ri#gr. '· :. o ",
• 3K- y\ 0,r :
wo +
JENORGEN
CITY CERK
", -',· .APPROVE AS TO LEGAL SUFFICIENCY ,AN0 FORM ks..
FINAL VOTE ON ADO PTION
Mayor Cooper
Vice Mayor Javellana
Commissioner Butler
Commissioner Lazarow
Commissioner Lima-Taub
YES
YES
YES
YES
YES
JENNIFER MERINO
CITY ATTORNEY
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3 RESO 2020-026
FILE NO 20-157