The June Issue Includes: How to Reply to this Newsletter How to be a Director About the Services Featured in How to be a Director What Articles Do You Want to See in Our Newsletter? Win a Gift Card! June Free Live Webinars Stand by Me: Working Effectively with Your Attorney I Walk the Line: The HOA Board Certification Class COVID-19 Webinars Coming this Fall Business Partners Offering COVID-19 Services & More Applause, Applause! AACONA - Apopka Area Community of Neighborhood Associations Ask C&M - Get Free Legal Information June Birthdays C&M Social Media - Follow Us! Contact Information Subscription Information How to Unsubscribe

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So, You’re on the Board...Congratulations & Condolences . . . How to be a Director by Arlene-Frances Ring, Director of Public Relations Clayton & McCulloh, P. A.

Congratulations! You have just been elected to the Board of Directors. First, there is the feeling of elation at what you have just accomplished (be honest now . . . everyone privately has a rush). Then it hits you. Oh my goodness, what have I gotten myself into? The answer: More than you have bargained for! Unfortunately, too many people run for the Board to "beef up" their resumes and don’t take the job seriously. It is a very serious commitment and should not be taken lightly. There are serious consequences for your actions as well as your inactions. Another all too common scenario is that many owners seek a position on the Board of Directors because they have a secret agenda. The argument has been made that serving as a director is a full time job. Some say serving as director is a very easy job requiring very little time and effort. Whatever line of thought you may subscribe to, you still have a duty to run the Association as a corporation. Even though the Association is a not-for-profit corporation, it should still be run as a business. Try visualizing yourself as a corporate executive (which is what you are) and how a Board member of a for-profit corporation such as Disney, Exxon, or Microsoft would behave. As a director of your Association, you are a leader. You are expected to take charge and carry out your duties in a professional manner.  Many Directors feel that since they are not getting paid for the job, they can take it easy. Keep in mind, however, that the manner in which you execute your duties will set the tone for the Association. Often Directors choose not to enforce their documents because they don’t want to cause waves. Some Directors fear repercussions if they actively enforce the Association’s Governing Documents. This is not a popularity contest. It is highly unlikely that you will win the Most Popular Person award. As a Director, it is your obligation to make tough decisions. No one said (or at least no one should have said) this job was going to be easy. If they did, they lied!  I have yet to meet the Director who did not have to make at least one difficult decision during their term. In this writer’s opinion, if any Director truly felt that they did not have to make at least one difficult decision, then one should question if this Director was truly serving the community or merely being a figurehead. Unfortunately, it is becoming an ever increasing trend for owners to sue the Board of Directors for failing to fulfill their fiduciary duty to the Association.  This same shortcoming is being given as a reason for owners refusing to pay their assessments. Today’s owners want to see what their Board of Directors is doing. They are no longer content to just pay their dues and accept at blind faith that their elected leaders are acting in the owners’ best interests.  While your Association is a corporation and must abide by the Florida Statutes governing corporations, never forget that this is your neighborhood. You have to live there. Unlike an executive with a public corporation, when you retreat to your castle in the evening, your "shareholders" are right next door and you have to live with them. Don’t become one of the dreaded gestapo. Be reasonable and fair in your decisions and thought processes.

Don’t make decisions by yourself. Keep in mind that you are only one of several directors. Each decision should be a Board decision, not your personal decision. When going through the process of making a decision, remember to act in the best interests of the Association.  You must try to put on blinders when making decisions that affect the Association. Do not act in your own personal best interest or at least, not in your own personal self -interest. If there is a vote to be taken or matters to be discussed in which you have a personal interest, remove yourself from the room while the remainder of the Board is discussing the issue (called recusing yourself), and abstain from the formal vote after stating your reason for abstention.  As was discussed earlier, many Directors go on the board to fulfill a secret agenda. Learn to recognize other Directors’ hidden agendas. Knowing this information, better assists you in dealing with such Board Members and finding ways to better channel their efforts. All Directors have pet projects they would like to see brought to a successful end, but they should be projects that are in the best interests of the Association as a whole, not just a chosen few. You might want to have a Director assigned to each of the committees within the Association, although not necessarily the chairman of the committee.

The most important step you can take in becoming a successful Director is to become educated. Familiarize yourself with your Association’s Governing Documents (Declaration of Covenants & Restrictions or Declaration of Condominium, Articles of Incorporation, Bylaws, and Rules and Regulations). In particular, learn the provisions regarding Director duties, meetings, assessments, and covenant enforcement. You may want to place the Governing Documents in a three-ring binder and then use divider pages to mark special sections. Highlight the frequently used sections such as annual meeting and board meeting requirements, document amendment provisions, collection of delinquent assessments provisions, and use restrictions. While it is not necessary to memorize the Association’s documents, you should become familiar enough with them so that you are comfortable.   Make sure your Association has provided you with a recorded set of Documents and all of the recorded Amendments to these Governing Documents. If you are looking at an unrecorded set, you may not be working with the legally binding documents of the Association. How do you know if the documents are recorded? There will be stamped information on each page showing that it was recorded in your county and the OR Book __, Page __ where it can be found in the Public Records of your county. Each page of your documents should have this stamp with successive page numbering. The exception will relate in the case of older homeowner associations as to the Articles of Incorporation and Bylaws for the association. Another exception relates to Association Rules and Regulations, which often are not recorded.    (Consider purchasing our Document Organization Service for your Association - see article below).

Remember that you were elected to enforce the Association’s documents. It doesn’t mean that you enforce only what you think should be enforceable. A Director can’t pick and choose what will be enforced. To do so, opens up the Association and maybe the Director to all sorts of liability. Eventually, you could find yourself in a lawsuit where you are on the losing end because you selectively chose what document provisions you wanted to enforce.  Not only do you need to become familiar with your Association's documents, you need to keep abreast of  the laws and trends affecting community associations. The Florida Legislature makes changes to chapters pertaining to community associations on a yearly basis.   (Consider purchasing our Florida Statute Service - see below article). New software for keeping the Association’s books and for creating eye-catching newsletters are coming out constantly. How do you find out this information about the ever-changing laws and community association trends? The following are some suggestions on keeping abreast of what goes on in the community association industry: Some law firms and some other interested trade organizations offer free seminars on association law. (Note: Clayton & McCulloh offers our popular Community Connect Chats and Embracing Community Gatherings each year.  Some of these seminars also include practical, day to day advice for Directors. Not only should you try to attend these educational events, but you should encourage your other Board Members and owners to attend. In fact, distribute flyers to the community inviting the other owners to attend or post the information where you display your meeting notices. This is a great way for you and others in your community to get some free advice and a chance to talk to Directors in other associations about their problems and what successful (or unsuccessful) solutions they implemented. Set aside a portion of your budget for industry periodicals, such as Florida Community Association Journal or the Florida Co-Operator.   Become involved with organizations that cater to Community Associations such as Alliance of Community Associations, AACONA (Apopka Area Community of Neighborhood Associations) CHAIR (Condominium/Homeowner Associations in Indian River), Space Coast Condominiums Association, and Community Associations Institute (CAI). The aforementioned organizations are education oriented and offer informative meetings. In addition, CAI offers outstanding publications such as their Gap Reports which cover such items as collections, contracts, bid specifications, and even information on how to be an officer in your association.  Reimburse Board Members for their expenses when attending educational functions. Simply have them present to you a receipt that reflects they attended the event. Don’t forget to budget for these items. (Note: for information on these organizations, please see our Director of Public Relations or our Important Links section on our web-site.) Hire professionals which practice primarily or specialize in the Community Association industry. For example, there is a difference between hiring a real estate attorney and a Community Association Law attorney. This thought also applies to insurance agents and accountants.  If your Association does not employ professionals such as attorneys, accountants, and insurance agents, begin a search for these professionals. Even if you do not have an immediate need for one of these professionals, hire them now before you have a problem. Some of these professionals have complimentary services that can benefit your Association in the interim before the need arises to utilize their services.  In addition, they will have secured the necessary documents for the occasion when you will have need of their services. For information on selecting legal counsel for your Community Association, Clayton & McCulloh provides a free informational pamphlet entitled, How to Select Legal Counsel for Your Community Association.  One of the most important things you can do as a Director is getting to know the owners. Upon being elected to the board, consider dividing up the owners’ telephone numbers and have each Director call the owners individually to introduce himself or herself. This could be one of the most important things you do  as a Director.  Remember, the time will come when you will need your community’s support, and this is one way to start building interest.  No one wants to be a number. By making the first contact when there is not a problem, a foundation of trust is laid. It is the first step toward establishing a positive relationship with the community and earning their trust and support. If an owner provides you or the board with their proxy for a meeting, consider writing a note afterwards thanking the owner for their vote of confidence in you and expressing your appreciation for their assistance in making their voice heard at a meeting even though they could not attend. Little things like a thank you note will go a long way to better relations with your owners. Finally, there is a misconception that if you are the President of the Association, you must abstain from voting at Board Meetings unless there is a tie. You should always vote on all issues unless you have a personal stake in the issue at hand. An example of when you should not vote would be if the Board was voting on your request to change the color of your home or if a relative of yours had submitted a proposal to provide services to the Association.   The rewards of serving on the Board can be tremendous. There can be tremendous satisfaction in knowing you’ve taken an active role in shaping your community. By serving on the Board, you are afforded the opportunity to meet your entire community and to make new friends. Conversely, you might make new enemies as well, but the rewards will outweigh the negatives. So, my condolences for the trials and tribulations you will encounter as a Director and my heartiest congratulations for undertaking a challenging endeavor. Welcome to the world of Community Associations!

So You're on the Board - Congratulations and Condolences: How to be a Director i s an updated reprint of one of our most requested articles through the years. The author, our Director of Public Relations, has served on numerous Boards and in a variety of positions. She has also networked with thousands of associations during her 28+ year career with the firm. She is available to assist your Association with any of your non-legal questions. Both clients and non-clients may seek her assistance.

About the Services Mentioned in the Congratulations and Condolences

Our Document Organization Service To assist Board Members in this endeavor, we suggest purchasing our Document Organization Service. This Service covers the following items: Performs a Governing Document Title Search to ensure we have all your Governing Documents including amendments. A paralegal then tabs, organizes, prepares an extensive index, and places the documents in plastic sleeve cover adding it to the very attractive leatherette green binder (show in photo) with gold overlay. The book is then provided to an attorney to check your Documents against a checklist of over 56+ areas of concern. The attorney then prepares a Comment Letter to the Board addressing his findings. The Association is provided the Book for the Association's records. A follow-up one hour meeting is the scheduled with the attorney and the Board of Directors to discuss his findings and determine what, if any, amendments or actions the Board may wish to take. One of perks to this service is that you will save on future legal fees as our attorneys and paralegals will be able to review your Documents in a more expeditious manner! Additionally, take this book with you to Member and Board Meetings to assist you in locating provisions in your Documents and refer to the Comment Letter for any questions that maybe raised in a future meeting. If you are a client and are interested in this service and would like pricing information, please contact David Batan , Coordinator of Client Services, at any of our offices. Not a client? No problem! Contact our Public Relations Department for more information.

Our Florida Statute Service We pride ourselves on creating services for members of the Community Association industry, To that end, our Florida Statute Services is rapidly becoming one of our most demanded service. The Statutes are placed in a three ring specially designed green leatherette binder in plastic sleeves. The service also features a serious of bonus "how to" articles. Each January and October, you will receive digital updates to the Statutes. There are four different Statute Books: HOA (Chapter 720), Condominium (Chapter 718), Cooperative (Chapter 719), and Mobile Home Park (Chapter 723). Each book features the applicable statutes for the respective type of community association. This is a must have for effective for Board Members. Buy one for your Association now! The fee is $70 for each book and bi-annually updates! To purchase this service, please use the button below.

Order Your Book Now!

What Topics Do You Want to See Covered in Future Newsletters? We always strive to meet the needs of those in the community association industry. To that end, we want to know what newsletter topics you would like to see in our future newsletters. Would you like to see more articles on enforcing your rules or being a better Board Member? How about how to better interact with your Manager? If you would like an article written on a particular subject (both legal and non-legal article), now here is your chance to put your request in and possibly win a gift card for your suggestions! To enter your suggestion, click on the button below!

Submit Your Ideas and Maybe Win a Gift Card!

Don't Miss this First Time Seminar!! Stand by Me: Working Effectively with Your Attorney Free Live Webinar Thursday, June 11 6:30 - 7:30 p.m. Speaker: Senior & Founding Partner, Ken Clayton T he relationship between your law firm and your Association is a very important one. Many Associations are afraid to call their attorney due to legal fees. They may also be concerned that the actions they took may now have dire consequences for their Association. So what type of issues do you turn over to your attorney? How can you save on legal fees?  All attorneys talk about title searches – but when do you really need one? Can you do a search on your own? The answers to these and many more questions will be covered in this very special presentation.  Submit your pre-submitted questions in addition to all your questions taken live! Join Ken Clayton for this brand new webinar! Registration Deadline: Wednesday, June 10 - 12:00 noon!

Register

Free Live Webinar I Walk the Line: The 2020 HOA Board Certification Class Thursday, June 18 Featuring: Russ Klemm, Partner Time: 6:30 - 8:45 p.m. This class focuses on the tools that HOA Board Members and Managers need to carry out their daily duties. This class is required by law for all new Board Members within ninety days of taking office. Once you have taken the course and have not gone off the board (for even a day), it is not necessary to retake this class. However, Clayton & McCulloh updates this class each year with fresh material.  There is only one more HOA Board Certification Class for this year.

Register

Coming this Fall

With our first half of the seminar season coming to an end on June 18, we will resume our seminars/webinars starting in September. At this time, we hope to resume the live seminars (while still simultaneously broadcasting via a webinar), but this is all conditional on where our State is with COVID-19. So, continuing with our music of the 1950's theme, here is a glimpse of what is to come in the second half of the year: September It Only Hurts for a Little While: Officers Duties - Maitland (live and webinar) Who's Sorry Now? Do I Really Need to Go to Court? - Maitland (live and webinar) Stranger in Paradise: Regulating the Rental Process - Clermont (live and webinar) October Everybody's Somebody Fool:: How to Handle Difficult People - Port Orange (Live and webinar) Hound Dog: It's All About Pets! Lakeland (Live and webinar) Oh, What a Night! Vendor Panel - Maitland (Live) Happy Days: Groovin' All Week with You! - Melbourne (Live only) Rags to Riches: Bankruptcy & Foreclosures for Associations - Ocala (Live only) The October seminars conclude our 2020 Seminar Schedule. In our next issue, we will asking what topics, themes, special features, and locations YOU want to see in our 2021 Seminar Schedule. To register for the seminars/webinar listed above, make your reservation on our website.

Make A Reservation Here!

Need COVID-19 Sanitizing or COVID-19 Related Products or Services? Check Out Our Business Partners! As you start the process of re-opening your Association, you may find you need assistance on several areas. Please check out our Business Partners who specialize in servicing Community Associations who feature Coronavirus services. Need your common property sanitized before opening? Check out ServPro's COVID-19 sanitizing services. They have the answers to your problems. In reading your insurance policy, did you find some items you do not have coverage for? Interested in new insurance? Check out Bearden & Foshee Insurance Group ! Did you file a claim with your insurance and they decline coverage or you feel your should have had a bigger compensation? Call Five Start Claims Adjusting ! Is time to review your current cable contract for your Association? With your residents staying at home more - should consider getting one carrier to cover the entire community at a great rate with special perks? Then call Paradigm Broadband Group ! There is no fee for their service as it is usually paid by the cable company. After doing a property inspection, are you noticing it could use some sprucing up? Orlando Prestige Painting i s ready, willing, and able to handle your spring painting projects! With all the free time residents had on their hands, did some of them "accidentally" drop their trash or other items in your lakes/retention ponds causing issues? If so, call The Lake Doctors ! The answer to all your aquatic troubles. Click on their logos at the end of this email to direct you to their website for assistance.

Apopka Area Residents - Here's an Organization Just For You! If your community is in the Apopka area (Apopka, Ocoee, Winter Garden, Longwood, Altamonte Springs, and Zellwood), there is an organization your Association should consider joining - Apopka Area Council of Neighborhoods Associations (AACONA)! AACONA meets the 2nd Monday of each month at 205 North Park Avenue, Apopka (Old Florida Hospital - North Building) at 6:30 p.m. The monthly meetings feature guest speakers from the city, county, and/or private industry. Members have the opportunity to network with other communities and share possible solutions to problems that they are facing. If you are interested in joining AACONA or would like more information, please complete this  brief form  and an AACONA representative will get back to you.

One of Our Favorite Staff Members Lydiah Gaudreau came to us several years ago, working with the late Paul West at Community Association Title and assisting Paul with other matters such as wills and estate planning. After Paul's passing several years ago, Lydiah transferred into our Transactional Department, working as our Senior Partner Ken Clayton's assistant. In late May, Rayelynn Henderson, the Treasurer of Washington Arms Condominium Association in Tiitusville, heaped praise upon Lydiah saying she is always courteous, precise, and timely in her responses. Lydiah Gaudreau - one of the reasons that we have been voted by Board Members, Managers, and vendors as a Diamond Club Level Readers' Choice award since 2014!

Have a Legal Question? Get a Free Answer!

Each month in this newsletter, we offer our readers an opportunity to obtain some free legal advice by simply submitting that question in a brief form. If you would like to submit a question, click here.  We review the questions and one question is selected each month and published in our newsletter, “ C&M Update .” The question should be generic in that your Association's Governing Documents do not need to be reviewed to prepare an answer. Everyone wants free legal advice – so what is stopping you from submitting a question?   Link:  ASK C&M

June Birthdays A Very Happy Birthday to the following Managers and Board Members! May your special day be filled with laughter, friends, good times, and cake!

June 2 - Gina Summerfield - Terra Mar Village HOA June 3 - Yulissa Cruz - Leland Management June 7 - Gail Marie Frzier - Titusville Medical Plaza June 12 - Michelle Saunders - Evergreen Lifestyles Management June 12 - Richard Lindberg - Royal Harbor POA June 23 - Debbie Karel - Evergreen Lifestyles Management June 23 - William Webb - Oviedo Forest HOA June 23 - Johana Mesa - Atlantis Community Association Management June 24 - Carol Olsen - Melbourne Harbor POA June 25 - Jorge Berrios - Beacon Park Phase 3 HOA June 25 - Julio Rodriguez - High Point North HOA June 29 - Teresa Toole Yingst - Sentry Management June 26 - Richard MacDonald - Quail Ridge Association of Suntree June 28 - Jason Garcia - Highland Meadows HOA June 29 - Dona Rapp-Regtta - Lakeside Landing June 29 - Michelle Taddeo - Hammock Trails HOA

Your birthday is a joyous day to us and we want to celebrate it. Please send us your birthday (just day and month) and we will publish it in our newsletter. And if you would also like - we can publish it on our Facebook page. Use this link to send us your birthday information.

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Orlando Office: Maitland The Clayton & McCulloh Building 1065 Maitland Center Commons Blvd. Maitland, FL 32751 Phone: (407) 875-2655 Fax: (407) 875-3363

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You are receiving this e-mail as you fall into one of the following categories: *You are currently a client or client's manager;  * You have requested to be on our mailing list; *as a former member of BCAM and NECAM you are provided a subscription to the C&M mailing list *By attending one of our seminars, you agreed to be part of our Confidential Mailing list. If you elect to be removed from this e-mail service, we will no longer be able to send you seminar invitations, information on changes in the law concerning Community Associations, newsletters, or any other information regarding the Community Association industry. You will not receive solicitation for business unless you have requested that information. We sincerely hope we can continue to assist you with the challenges that face Community Associations today through this service.  When replying with a question or statement please include your name  a nd the legal name of your Association or Management Company (no acronyms, please, unless your legal name on the Article of Incorporation lists an acronym.)