Ask C&M

The April Issue Includes:

Ask C&M
Submit a Kudo
Flat Rate Package - Amendments
April Webinars
Upcoming 2021 Webinars
CM On Demand Webinars
Affidavit Request
Add CM as Registered Agent
Follow us on Facebook and LinkedIn
CM YouTube Videos
About CM Update
Our Sponsors

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When replying with a question or a statement, please include your full name and legal name of your Association, if you are a Board or Committee Member and/or Resident, and if you are a manager, your name, name of the your Management Company or if you are an independent manager, the name of the Association you manage. No acronyms, please unless your legal name is an acronym, This will expedite our reply to you as our database is by Association or Management Company.

Ask C&M

Ask C&M is a monthly column from the firm that Embraces Community. Each month, we take a question from one of our readers.

This month features a timely question raised by Melanie H. from Lake Wales, Florida. Her question is:

"I thought that a board could meet one time a year in a closed meeting to discuss tasks for the year. We have a half new, half old board and the president and manager have advised that per the Florida Statutes, we can only meet if we’re meeting with an attorney due to a law suit or if we need to discuss personnel and/or human resource issues. Could you please clarify this for me?"

Partner Alan Schwartzseid provides this answer:

Generally, meetings of a homeowners or condominium association’s Board of Directors must be open to the membership, pursuant to F.S. §§ 720.303(2)(b); 718.112(2)(c). This statutory requirement is ostensibly intended to promote transparency for members who want to understand the process and rationale leading to Board decisions. The only Board Meetings that can legally be “closed” (meaning the membership may not attend) are:

Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or
Board meetings held for the purpose of discussing personnel matters.

There is no limitation on this “open meeting” rule to allow for a closed meeting for any other purpose, regardless of frequency (i.e., there is no “freebie” once per year). Perhaps this reference in the question was actually directed at the Board’s statutory authorization to elect the Association’s Officers via secret ballot. Please understand that this meeting must likewise be open to the membership.

The way to get things accomplished while complying with members’ right to attend and speak at such meetings, is to establish written reasonable rules (authorized by the above-cited statutes) governing the frequency, duration, and other manner of member statements at Board Meetings. These rules can also include implementing sign-up sheets for members wishing to speak on any particular agenda item(s), presuming a meeting agenda is supplied by the Board. The Association cannot preclude members from speaking at such meetings, but established rules can preclude members from “running away with” the meeting, discussing irrelevant issues or speaking for an hour. If such established rules are still not enough to enable the Board to complete its business, an attorney and/or a police presence can also curtail members’ improper and/or lengthy speech.

If you have Community Association questions that you would like answered, please submit your questions using the button below. We regret that we cannot answer every question and cannot answer a question that requires us to review your Association's Governing Documents.

Ask C&M

Everyone is touched when they receive kind words about their actions. Our firm is no exception. Clients have asked us over the years "is there some place that they can submit a compliment that would get to the right person and also give them some internal recognition?" To that end, we created a "Kudos" page on our website to provide people an opportunity to recognize members of the firm.

Did one of our attorneys or staff go above and beyond to help you?

Has one of our attorneys or staff members gone above and beyond on your behalf?
Did you receive a great result in a case as a result of our attorneys and paralegals expertise?
Did someone in our Billing Department provide more information on an invoice?
Was our Client Services Department helpful in handling a non-legal matter for you?
Did our receptionist brighten your day with her greeting?
Or maybe you had a positive experience with our webinars or other complimentary services, such as referrals or assistance after hours?
Perhaps you would like to share with the firm your appreciation of our representation of your Association or a particular case?

Our staff will be recognized internally at our monthly meetings or a firm email with your kind words.

If you would like to submit a "Kudo" to be shared with that staff member or attorney, you may do so by selecting the button below. Your kind words are not automatically published in our newsletter or Facebook page unless you specifically authorize same.

Submit a Kudo

Flat Rate Package!

Governing Document Amendments Service

Amending Governing Documents is a fairly common legal activity that Clayton & McCulloh gets asked to do. Most amendment work is done on an hourly basis for our Association clients, however two of the most frequently requested amendments are the Quorum Requirement Amendment to hold meetings and amending the Amendment Requirements Amendment. We now feature fixed fee rates for preparing amendment packages for these two amendments. Sometimes the Amendment desired needs to occur with respect to more than one of your Governing Documents. Our fixed fee for this service is per package and per Document amended (Declaration, Articles of Incorporation, and By-Laws).

We also feature a flat fee for a Sexual Predators amendment to your Governing Documents.

If you would like more information, including pricing of these flat fee amendment packages, please contact our Public Relations at any of our offices.

Our Upcoming

April

Webinars!

The "Elements of Community Association Insurance" Webinar Has Been Postponed

We regret to announce that the April 22nd webinar, “The Elements of Community Association Insurance” presented by Sihle Insurance, has been postponed.

Unfortunately, due to no fault of Sihle, one of the major property carriers in Florida is exiting the market due to their insolvency. This has triggered an “all hands-on deck” alarm as these representatives are now having to scramble to find other carriers for their numerous community association clients, which is no small task. This is further complicated by the scenario that this is usually their busy season. These dedicated insurance professionals are putting their clients first and are working long days and nights to finding new coverage with other companies for their community association clients.

Currently, Sihle is considering rescheduling the webinar in August. The actual date and time will be announced in the near future.

Bad Board Members:

What 'Ya Gonna Do When

They Come for You?

Thursday, April 29th

6:00 - 8:00 p.m.

Door Prize Awarded

At one time or another, every Association will have a bad board member. It may be a Board Member who refuses to execute their duties, attend meetings, causes disruptions, leaks confidential information, or refuses to turn over the Association’s records once they leave office, or a multitude of other issues. So, what can you do with a bad board member? Can they be removed from the Board? What can you do to rehabilitate a bad board member (or can you)? Our Attorney will delve into these issues offering possible legal solutions while our Director of Public Relations (an experienced board member who has networked with thousands of associations) will offer practical solutions and insight into the situations.

Featuring Partner, Russ Klemm, and our

Director of Public Relations, Arlene Ring

Registration Deadline: 3:00 p.m.

Tuesday, April 27th

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Who Does What?!! Officers Duties Breakdown." Please scroll down for more information on this class and/or to make a reservation.

Make a Reservation

Upcoming

Free 2021

Webinars

View Our 2021 Webinar Selections Here

What?!! We Can Be Sued

Because of Our Website?

Thursday, May 20th

6:00 - 8:15 p.m.

Door Prize Awarded

Did you know that you can be sued because of your website? What should or should not be on your website? How can you improve your website? Learn about the legalities of Community Association websites, what should be (or should not be) on your website, and design tips. Our Attorney will cover the legal aspect while our Guest Speaker will provide you with information on ways to maximize your website to assist in the operation of your Association.

Featuring Partner, Alan Schwartzseid

and guest industry expert,

Joshua Adams of Rock Paper Simple Web

Registration Deadline: 3:00 p.m.,

Tuesday, May 18th

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Are You On the Eve of Destruction: Effective and Destructive Posts for Associations." Please scroll down for more information on this class and/or to make a reservation.

Make a Reservation

Mini Legal Update for Board Members

(and Managers, Too)

Thursday, June 24th

6:00 - 8:15 p.m.

Door Prize Awarded

Community Associations live and die by laws passed (or sometimes not passed) by the Florida Legislature. In this class, our Attorney will discuss the new laws affecting Community Associations and what may be coming down the pike. We are honored to have State Representative Anna Eskamani with us to cover key points of legislation from the recent Legislative Session as well as take your questions. Don’t miss this important class.

Special Note: While managers are welcome to attend this event, this class is not the legal update class required for the CAM license.

Featuring Senior Partner, Ken Clayton,

and State Representative, Anna Eskamani

Registration Deadline: 3:00 p.m.

Tuesday, June 22nd

Make a Reservation

2021 Live Question & Answer Session for Condominiums and Cooperatives

Thursday, August 19th

6:00 - 7:45 p.m.

Door Prizes Awarded

This class was created for those individuals who took our CM On Demand Condominium and Cooperative Board Certification Class. There is no subject matter taught at this event - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session included in the class, this class meets that need!

Those individuals who took one of our live Condominium and Cooperative Board Certification Webinars are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statutes 718 and 719 only. Please check your Association’s Governing Documents to ensure that you are governed by one of these Statutes before making a reservation as we would not want you to discover that you took the wrong class.

Speaker(s) to be announced

Registration Deadline: 3:00 p.m.

Tuesday, August 17th

Make a Reservation

Are You On the Eve of Destruction?

Effective and Destructive

Posts on Social Media

Thursday, August 26th

6:00 - 8:00 p.m.

Door Prize Awarded

Social media is a very effective method to keep residents advised of important events and operations of community associations. It can be a blessing and a curse for Community Associations. You can post something that you feel is great, but then comes the backlash! Wording a post the wrong way can result in bad press for your Association and even possibly, litigation. So how can you maneuver these tricky waters and make social media work for your Association and avoid the pitfalls? Our goal is to help you hit a home run and avoid a blow out for your Association.

Our attorney will discuss the legal pitfalls of social media and Shelby Rogers of the Marketing Firm, On Target, will discuss how to turn social media into a bonanza for your Associations and what not to do.

Featured Speakers: Partner, Alan Schwartzseid and Shelby Rogers of OnTarget

Registration Deadline: 3:00 p.m.

Tuesday, August 24th

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "What?!! We Can Be Sued Because of Our Website?" Please scroll up for more information on this class and/or to make a reservation.

Make a Reservation

2021 Live Question & Answer Session for

Mobile Home Parks

Thursday, September 23rd

6:00 - 7:45 p.m.

Door Prize Awarded

This class was created for those individuals who took our CM On Demand Mobile Home Park Board Certification Class. There is no subject matter taught - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session included, this class meets that need!

Those individuals who took one of our live Mobile Home Park Board Certification Webinar Classes are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statute 723. Please check your Association’s Governing Documents to ensure that you are governed by this Statute before making a reservation as we would not want you to discover that you took the wrong class.

Featuring Partner, Russ Klemm

Registration Deadline: 3:00 p.m.,

Tuesday, September 21st

Make a Reservation

Who Does What?

Officers' Duties Breakdown

Thursday, September 30th

6:00 - 8:00 p.m.

Door Prize Awarded

Think you know what responsibilities each Board Member has? What does the Vice President do? This class will cover the responsibilities of officers on the Board and a few that you may have overlooked and/or had not considered. We will also cover items that every Board Member should know about their Association. Our mission is to maximize the efficiency of your Board by attending this class. This class is taught by Arlene Ring. Partner, Alan Schwartzseid will be available to answer legal questions.

Featuring our Director of Public Relations,

Arlene Ring, and

Partner, Alan Schwartzseid

Registration Deadline: 3:00 p.m.,

Tuesday, September 28th

Related Classes You Might Be Interested In

Another class that relates to this class that you might be interested in is "Bad Board Members: What 'Ya Gonna Do When Come for You?!!" Please scroll up for more information on this class and/or to make a reservation.

Make a Reservation

2021 Live Question & Answer Session for Homeowner Associations

Thursday, October 14th

6:00 - 7:40 p.m.

Door Prize Awarded

This class was created for those individuals who took one of our CM On Demand Homeowner Board Certification Classes. There is no subject matter taught - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session, this class meets that need!

Those individuals who took one of our live Homeowner Board Certification Webinars are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.

This class is for those Associations governed by Florida Statute 720. Please check your Association’s Governing Documents to ensure that you are governed by this Statute before making a reservation as we would not want you to discover that you took the wrong class.

Featuring Partner, Alan Schwartzseid

Registration Deadline: 3:00 p.m.,

Tuesday, October 12th

Make a Reservation

Coyotes, Bears, & Toads - Oh My!

Thursday, October 28th

6:00 - 8:30 p.m.

Door Prize Awarded

Florida is being over-run with several invasive and nuisance animals:

Coyotes are running rampart killing pets;
Bears are entering our communities with no fear;
Poisonous cane toads are encroaching on Central Florida with fatal results for our pets;
Irresponsible pet owners allow their dogs to run free to possibly attack your residents and other pets.

This class is based on one of the most talked about subjects on social media - especially on Nextdoor. This class will deal with the nuisance animal population that is increasing and affecting residents of communities. What steps, if any, can an Association take to deal with these nuisance animals? The objective of this class will help you identify the problem and suggest possible solutions to this growing area of concern. This class was one of most requested classes from Board Members over the past two years. Our Attorney and two Guest Speakers will host this class.

Featuring Senior Partner, Ken Clayton

and Guest Speakers

Leo Cross of Florida Wildlife Trappers, and

Lauren Barth from Florida Wildlife Commission

Registration Deadline: 3:00 p.m.,

Tuesday, October 26th

Make a Reservation

CM On Demand Classes

We now feature both Board Certification Classes and our Vendor Panel discussion, "Oh, What A Night!" on demand.

You can take these classes at 2:00 a.m. on a Saturday or whenever your heart desires. There are deadlines to view the Board Certification classes.

Some points to remember:

Please don’t sign up for the class unless you have put aside 2 – 2 ½ hours to view the Board Certification Class within twenty-one (21) calendar days of making the reservation. "Oh, What A Night!" has no restrictions.

Do not share any of these links. This is an automated system and if you share it with someone else, they will not receive credit. Each person must complete the reservation form themselves. If you want to take more than one class (e.g., the HOA and the Condo class), complete two separate forms putting the Association’s name that you are signing up to receive certification for.

If we do not receive a survey within twenty-four hours of your completion of the class (be honest as the webinar software is a tattle tale and will let us know if you are naughty), we regret that we cannot provide your certification.

Upon successful completion of the course, you will receive your Certificate within thirty-two (32) business (not calendar) days.

For the most part, this is an automated system. Please read the website reservation form and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the 32 business days.

Please review your website Reservation form before hitting the "Submit" button as errors will prohibit it from going through. Wait up to three minutes to see the receipt banner which is the confirmation it went through.

So, pop the popcorn, pour your favorite beverage, grab your pen and pad, settle in your easy chair, and view this class on your computer, smart phone, or tablet!

To find our new CM On Demand classes, click on the button below. Then simply select which class you want to take. Upon completing a short registration form, you will receive an instructional email with the link to the class and instructions on how to receive your Certificate of Attendance.

Another personalized service from Clayton & McCulloh, the firm that Embraces Community. Shouldn't your Association have a law firm that puts you first?

Don't Want to Take the

Certification Class?

If you prefer not to take the certification class, please use the button below to request an Affidavit "opting out" of taking the class.

Request Affidavit

Don't Forget to Add CM as

Your Registered Agent!

It's time to start filing your Annual Corporate Report. The report is due by May 1st. Please remember that as one of our clients, we will act as your registered agent on a complimentary service. For more information why your law firm is the best entity to be your registered agent rather than a board member or your manager/management company, please see our December issue of the Green Marble which is on our website under Publications.

Your Annual Corporate Report is due May 1st

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Arlene Ring and you will receive:

Articles addressing practical issues with solutions for Community Associations' Board & Committee Members
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Special Interest Information for CAMs and Community Association Vendors
and more!

Have You Ever Checked Out Our

Individual YouTube Videos?

Did you know that several of our attorneys and staff have an individual YouTube video? No? Check out our videos below by clicking on the YouTube logo next to the person's name.

Ken Clayton, Founding & Senior Partner

Neal McCulloh, Founding & Senior Partner

Russ

Klemm, Partner & Litigation Chair

Arlene Ring, Director of Public Relations

About "CM Update"

The CM Update is a monthly digital newsletter, a complimentary service for our Association Clients and Managers. CM also features an additional monthly digital newsletter, "The Green Marble," an occasional special edition for CAMS "For Managers Only", an annual "Community Chat" (delivered to your home via USPS), and "CM Special Editions." These publications are published by our Public Relations Department. If you have any questions, comments, or suggestions about this newsletter, please contact us at pr@clayton-mcculloh.com.

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 complimentary subscription to the CM 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. 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 and the legal name of your Association or Management Company (no acronyms, please, unless your legal name on the Article of Incorporation lists an acronym.)

Thank You!

We would like to take a moment to thank our 2021 Valued Sponsors. These companies are experts in the Community Association field. There are special nuances that should be considered before hiring a company to handle your work.

We hope that you will consider securing a bid for their services for your Association or in your personal lives. These Valued Sponsors are leaders in their industries and we are thankful they partnered with us this year.

Please remember that simply by clicking on their logo, it will take you to their website where you can learn more about their services as well as hire them.