There is a growing consensus among Florida's district courts of appeal that community associations' existing governing documents, including their declaration of covenants, override existing Florida law assigning liability to new unit owners for the previous owners' unpaid maintenance assessments.

The latest ruling reaffirming this holding came in late May from the Third District Court of Appeal in the case of Beacon Hill HOA v. Colfin Ah-Florida 7. The association appealed the final summary judgment in favor of Colfin, which had acquired a unit in the community via foreclosure sale, finding that the company was not liable for any amounts owed by the previous owners of the property due to the language in the association's recorded declaration.

During the trial court proceedings, the association argued that language in its declaration allowing it to exercise any powers afforded to a corporation amounted to what is referred to as “Kaufman” language, which refers to a clause indicating that the declaration is subject to the applicable Florida laws “as amended from time to time.” The association asserted that the declaration incorporated future changes in the law, and thus the joint and several liability provision assigning liability to subsequent owners for previous owners' assessments that was adopted into the state's HOA laws in 2007 was included under the declaration.