Every Florida HOA covenant sits somewhere on a spectrum between "frozen" and "floating" with respect to Chapter 720. The difference is a single phrase, the so-called Kaufman language, and which side your declaration is on decides whether this year's Ch. 720 amendment automatically applies to your community or whether it waits for a member vote.

What the Kaufman rule actually says

Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977), established the rule that a declaration's reference to a statute is either static (frozen to the version of the statute that existed when the declaration was recorded) or dynamic (updates automatically as the statute is amended by the Legislature), and the distinction is determined by the declaration's own language.

A declaration that says something like:

...subject to Chapter 720, Florida Statutes as amended from time to time

is dynamic. Every Ch. 720 amendment flows into the community on the day it takes effect, no member vote required.

A declaration that says:

...subject to Chapter 720, Florida Statutes

with no "as amended" or "as may be amended" language is static. It references the statute as it read on the day the declaration was recorded. A later amendment only becomes applicable to the community if the members vote to adopt it or the declaration is re-recorded with updated language.

Why CAMs and boards need to know which one they have

Two examples of why this matters in 2026:

1. Records-request timelines. F.S. 720.303(5)(a) was amended in 2024 to tighten certain turnaround windows. A static community whose declaration was recorded in 2001 may still be operating under the 2001 version of the statute. Answering a 2026 records request under 2026's clock when the community is bound by the 2001 clock introduces exposure in both directions.

2. Fines and hearing procedures. F.S. 720.305 composition rules were tightened in 2015. A community whose declaration predates that and contains no "as amended" language may still be operating under the pre-2015 rules, which are more permissive. Unilaterally applying the stricter 2015 rules without a member vote is a unilateral declaration amendment in disguise.

How HOAStream handles this

Every community HOAStream onboards carries a declaration date in its profile, plus a flag for whether the declaration is static or dynamic with respect to Florida statute amendments. Every statute retrieval pins the statute version to that community's vintage, so a response to a static community quotes the statute as it read on the declaration date, not the latest version.

That is the declaration-vintage-aware statute reading the /trust page describes in functional terms. It sounds arcane until the day your community's legal counsel asks "which version of 720.303(5) is this response based on." Then it is the difference between a defensible answer and a weekend fire.

When to consult an attorney, not a tool

If your declaration contains the as-amended language but your board has been treating it as frozen (or vice-versa), the cleanup is a legal question, not a product question. Retained counsel is the right call for the first such audit. HOAStream's role is to make sure the steady-state, quoting the right statute to the right community, doesn't drift silently between attorney reviews.

Not legal advice. Citation-first statute research for CAMs, boards, and the attorneys who back them. CAM walkthrough at /cam, board walkthrough at /board.