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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.
Make a comment on our featured article or other articles by simply emailing pr@clayton-mcculloh.com. Don't forget to add your Association, email address, and phone number so we can get back in touch with you. We may even ask if we can publish your comment in the next issue.
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The August Issue Includes:
- Ask C&M
- Coyotes, Bears, & Toads - Oh My!
- You Didn't File Your Corporate Report??
- Kudos!
- And The Winner Is...
- 2022 CM On Demand Board Certification Classes
- CM On Demand Electives
- CM Short Takes
- Board Certification Form
- Need a New Management Company or Other Vendor? We Can Help!
- Leave a Review
- Have You Submitted Your Current Board Information?
- The CM Florida Statute Service
- Like & Follow Us
- About CM Update
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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.
Sandy Cole of Lake Yale Estates Condominium Association, Inc., asks - "We have beautiful large trees on our community. Residents are cutting them down on their lots because they don't want to rake leaves of clean gutters. Can a land condominium (we own both our lots and homes) board require homeowners to get a property mod for tree removal? Is there any way to discourage or prevent homeowners from removing trees? Permits are required in Lake County but the tree removal companies are not getting the necessary permits and the county gives the permits with little discretion. So my question is, can we add tree removal to our rules and regulations or architectural standards as a requirement that must have Board approval?"
Jim Johnson of Live Oak Village, Inc., also asks - "Does the Association have a legal responsibility to trim branches from a tree on common property that extends over the property line of a resident and might damage that property (e.g. the roof)?"
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Trees can be the focal point of a community’s aesthetic, but also the bane of its existence. We routinely receive questions about how to address overhanging tree roots and branches, and unauthorized tree removal, from clients (which resulted in this edition of “Ask C&M”).
Even without calling in an arborist, Associations and residents have fairly uniform rights regarding these issues in Florida.
When a resident starts cutting down trees in the community (e.g., because they don’t want to rake leaves, worry about damage to property, etc.), Association covenants, municipal codes, and other requirements can apply to restrict that activity. If a community’s covenants prohibit tree removal, and provide for “self help” in enforcing covenant violations, the Association (or perhaps a municipality if applicable) could ostensibly replace the trees and charge the cost to the individual and/or lot who removed them. Such a restriction on tree removal could alternatively be authorized by an Association’s covenants and found in its architectural criteria (e.g., requiring architectural approval before removing, adding, or replacing trees), or its rules and regulations. Similarly, as in Elowsky v. Gulf Power Company, 172 So. 2d 643, 645 (Fla. 1st DCA 1965), removing trees without the property owner’s consent - or even on the border for trees on your own lot - can result in liability, for "reduction in value of the land resulting from removal of the tree" and "loss of the ornamental value and creature comforts provided by the tree."
A similar issue can arise when individuals want to trim tree branches, or try to demand that the Association to do so. Customarily, the owner of a tree is responsible for maintaining it (and most associations’ covenants say so, as well). However, when the branches and leaves extend over a neighboring lot, or onto common areas from a lot (or vice versa), the law is a bit different. The tree’s owner does not generally have an affirmative duty to protect neighboring property owners from encroaching branches. For example, in Scott v. McCarty, 41 So.3d 989, 989 (Fla. 4th DCA 2010), the plaintiff claimed overhanging branches and roots from the defendant’s tree damaged the plaintiff’s property; the case was dismissed based on an earlier ruling in Gallo v. Heller, 512 So. 2d 215, 216 (Fla. 3d DCA 1987). In Gallo (which is generally followed throughout Florida), an adjoining property owner was permitted to trim back, at its own expense, “any encroaching tree roots or branches and other vegetation which has grown onto his property,” which trimming is generally the greatest extent of “damages” available for such encroachment. An exception to this limitation of available damages might arise, however, if the tree-bearing property’s owner was notified or knew the tree was dead or otherwise posed an actual hazard to the neighboring property.
In sum, even if trees from a neighboring property damage your property, your only available remedy is generally to protect yourself in advance, by trimming roots or branches that encroach into your property, up to the property line, or notifying the adjacent landowner of a legitimate risk of damage being caused by the tree. If the tree is damaged in your efforts to remove the portions on your property, you may, however, be held responsible for that damage.
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Coyotes, Bears, & Toads - Oh My!
August 25th at 6:00 p.m.
Speakers: Attorney Morgan Swenk
& Steve DeMoor of
Dr. Critter Wildlife Control
Florida is being over-run with several invasive and nuisance animals:
- Coyote population is multiplying endangering pets;
- Bears are entering our communities with no fear;
- Irresponsible pet owners allow their dogs to run free to possibly attack and/or kill other pets. Some cases deal with the dogs attacking residents and children and damaging property.
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. The deadline to register for this event is August 23, 2022 at 5:00 p.m.
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You Didn’t Timely File
Your Corporate Report??
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So, what happens when your Association doesn’t submit it’s filed annual report on time? Short answer: nothing good. As you likely know, filing a corporate report each year with the Florida Department of Corporations is a statutory requirement – regardless of what type of Association you are.
Similar to paying taxes, there is a submission window. Corporations are expected to file their report between January 1st thru May 1st as of the time of this recording. Filing online is quick and easy, and also allows you to control data entry to avoid typos and other errors from third parties. The website for the Florida Department of Corporations is sunbiz.org. The State will charge a filing fee of $61.25 which can be paid by the simplest way by credit card online or mailing in a check.
The corporate report is simply a list of current Board members with a mailing address along with the community’s physical and mailing address (which might be different) and listing your Registered Agent. The filing of financial records is not a requirement. Generally, it will take you 10 to 15 minutes.
But, for whatever reason, the deadline slipped past you and now you’re facing the government’s wrath. Well, not so much. You can (and need to) submit your report all the same except now there is a potential, additional $400 penalty. Ouch, and really an unnecessary ouch so you want to be sure to avoid it if you can.
But wait – there’s more. Late submission also has its own deadline – typically the third Friday of September. You don’t want to miss that one, because if you do then your community will face a stiffer penalty – involuntary dissolution.
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Make sure to register for our upcoming Short Take:
"Do or Die! - Failing to File Timely Corporate Report"
featuring our Coordinator of Client Services, David Batan.
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But wait – there’s more. Late submission also has its own deadline – typically the third Friday of September. You don’t want to miss that one, because if you do then your community will face a stiffer penalty – involuntary dissolution.
Doesn’t sound pretty, does it? This means that the government categorizes your corporation as suspended, and that’s not a good place to be since often it means you’re still responsible for maintaining the community, but you can no longer legitimately collect assessments or probably even enforce your covenants. Imagine having to pay vendors like landscaping without the assessment contributions of property owners.
There is a cure to being involuntarily dissolved, and it’s called Reinstatement. It’s a relatively simple process handled by the Association, your manager, or your law firm; however, not surprisingly there are more penalty fees. Reinstatement will cost $700.
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Missing deadlines causes headaches and empty wallets, so you really want to avoid it. C&M looks out for our clients by sending multiple reminders to our self-managed clients to comply with this statutory requirement.
C&M also provides the paid service of filing your report too. Feel free to call Client Services if you have any questions, want us to handle your corporation’s annual filing, or just want to hear terrible dad jokes.
If you are a pre-existing client contact Client Services at (407) 875-2655 x151. If you are not a client please contact the Public Relations department at (407) 875-4429. The latter number is answered 24/7/375.
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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 we 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.
- 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 clicking the button below. Your kind words are not automatically published in our newsletter or Facebook page unless you specifically authorize the use of it.
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And The Winner Is...
Congratulations to the winner of the July survey contest; be on the lookout for your door prize in the mail! "Tune in" later to find out the August winner, who will be announced in the next newsletter.
Carrie Jacobson, Secretary
The Village at Cypress Creek Homeowners Association, Inc.
If you want to be eligible for future door prizes, make sure to complete and submit your survey when taking any board certification, elective, or Short Take course. We will add your name twice to the drawing if you make a donation to our Pet Drive!
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2022 CM On Demand
Board Certification Classes
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You read it right! All of our Board Certification Classes include the major changes made last year. Even if you are already certified, we strongly encourage you to retake the course because of all the recent changes that affect community associations.
From the firm that Embraces Community, we feature three Board Certification classes and multiple Elective classes - all available on CM On Demand for viewing in the convenience of your own home and on your own time - throughout the 30 day viewing period.
This is a complimentary service for all active clients, however, they may make a voluntary donation to the Pet Drive of any amount. There is a small $15 fee for non-client registrations that goes directly to the Pet Drive.
For all of our CM On Demand Classes - please remember to carefully read the instructions and fill out the reservation form prior to submission as errors may prohibit it from going through. Wait for the automated receipt banner confirming that the registration went through.
Do not share the links! If we receive notification that the link has been shared with an unauthorized individual, your association may be banned from taking future CM classes.
So, pop the popcorn, pour your favorite beverage, grab your pen and pad, and settle in for easy On Demand viewing on your computer, smart phone, or tablet! From the firm that Embraces Community, help us put you first with this personalized service.
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Announcing Our CM
On Demand Elective Webinars!
The following CM Elective On Demand Classes are now available. Please view the class summary on our website and register at the link below.
The 2022 Mini Legal Update
Who Does What: Officers Duties
To Special Assess or Not to Access? That is the Question
What?!! We Can Be Sued Because of Our Website?
Elements of Community Association Insurance
Are You on the Eve of Destruction?
Effective and Destructive Posts on Social Media
Bad Board Members:
What 'Ya Gonna Do When They Come for You?
Working with Acts of God
Paradigm Presents: The T's of Telecommunication
Oh, What a Night!
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Don't Forget to Register
for Our Short Takes!
What is a CM Short Take? Glad you asked! It’s our brand new complimentary 10 minute or less (excluding introduction and closing) informal discussion presented by one of our attorneys, staff members, or guest expert speakers from the community association industry. Brand new for ’22, these pre-recorded Short Takes will include legal, and practical non-legal topics for associations’ board members, managers, committee members, and residents alike! Short and sweet. Be on the lookout for new Short Take posts each month!
There is an optional five question survey you can take afterwards for which we will add your name to our monthly drawing for a special gift. If you make a voluntary donation of any amount for our Pet Drive for the Short Take, we will add your name in the drawing twice! This promotion ends September 1, 2022.
Do you have a suggestion for a topic or a speaker? Let us know below so we can work it into our schedule. This is a great opportunity to request any topics in a perceptible, concise presentation that is accessible and free. It may be an issue your association is facing or something you're interested in!
Alright, alright, alright! People are loving our Short Takes! Our current Short Takes which are now available are:
“All About Short Takes” with Arlene Ring, Director of Public Relations
“Fining Tips from Alan” featuring Partner, Alan Schwartzseid
“How to Read a Financial Statement” with guest community association expert - Bill Jackson, CPA
Announcing our newest Short Takes:
"Political Signs" with Partner,
Alan Schwartzseid
"Do or Die! - Failing to File Timely Corporate Report" featuring our
Coordinator of Client Services, David Batan
More Short Takes that will be making their debut soon:
"Title Searches: A Necessary Evil" with our
Founding and Senior Partner, Ken Clayton
"The Critical Elements of Turnover" featuring our
Founding and Senior Partner, Neal McCulloh
"Budgets and Reserves: Can I Be Honest?" featuring
Matt Kuisle of Reserve Advisors
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Don't Want to Take the
Board Certification Class?
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If you prefer not to take the certification class, CM offers the Board Certification form which you can use to opting out of taking the class. There is a $10 donation for this service that is exclusive to our clients. The donation goes directly to our Annual Pet Drive to assist the private non-profit 501 (3) (c) rescues with their vet bills. |
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Time for a New Manager or a New Vendor?
We Can Help!
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It's that time of the year again when Associations are thinking "Wow! This is more work than I want to do," or "Not sure about our present manager - maybe we should look into possibly hiring a new one?" Does this describe how you are feeling?
If so we can help. Whether you are a client or a non-client, we provide a complimentary Management Company Referral Service to help you find a Manager! If you have a Manager presently, we always recommend trying to work it out with them as you have a history which is quite valuable. If you are uncomfortable about approaching your current Manager or Management Company, as one of our clients, we can contact the company or manager to see if we can assist in resolving the issues.
Do you need a landscape, insurance, painting, or roofing company? We also offer a complimentary Vendor Referral Service to help you find vendors who work with associations like yours. We have many vendors that we can refer to you and your fellow board members to help make your job easier.
For more information on this service, please call our Director of Public Relations at our office at 407-875-2655 ext. 129 or at (407) 808-2553 after hours/weekends. You can also make a request by clicking the button below.
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Like What We Do? - Leave A Review!
If you have a particular service or staff member that has made your work with Clayton & McCulloh especially notable, leave us a review on Google or on Facebook.
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Have You Submitted Your
Current Board Information to Us?
Want to Be on Our Mailing List?
Clients, it is very important to submit your current Board information to us within thirty days of being elected by contacting the Client Services Department and/or clicking the corresponding button below.
If you are not currently a client but would like update your Board information for our database to receive newsletters, legislative changes, educational classes information by being on our mailing list, please click the corresponding button below.
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Does Your Association
Have the Florida Statutes at your Fingertips?ook?
If not, look into our Florida Statute Service! Including the latest updates!
You asked for it and now it's here! Through the years, our clients have requested copies of the Florida Statutes in a presentation format and we have now answered their call. There are four books:
Homeowners Association (Chapter 720)
Condominium Association (Chapter 718)
Mobile Home Park (Chapter 723)
Cooperatives (Chapter 719)
Each book features a custom forest green binder with gold inlay. Chapters are tabbed and each page has been placed in a sheet protector (perfect for easy note taking and customization). The book includes various Statutes relevant to the particular book’s community type plus numerous educational and legal articles on the basics of operating your Community Association.
Complimentary annual updates to the books will be provided electronically on the 15th of September and January of each year. The cost of each book is $70.00 (includes tax).
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Connect With Clayton & McCulloh on LinkedIn
- Legal Articles for Community Associations,
- Legislative Updates,
- Advance Notice of Seminars, Webinar, and Special Events,
- Professional Manager Themed Information,
- and more!
Connect with Clayton & McCulloh - Here
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Connect With Arlene Ring on LinkedIn
- Articles addressing practical issues with solutions for Community Associations' Board & Committee Members,
- How To Articles for Board and Committee Members,
- Special Interest information for CAMs and Community Association Vendors,
- and more!
Connect with Arlene Ring - Here
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Like & Follow Us On Facebook
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- Late Breaking News on topics affecting Community Associations
- Seminar Invitations,
- Legal Updates,
- Human Interest Stories,
- and much more!
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Subscribe to Our YouTube Channel
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Our attorneys have personalized videos on our website and our YouTube Channel covering different aspects of Community Association Law! See some of our newest videos below or check out our channel here.
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Ken Clayton,
Founding & Senior Partner
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Neal McCulloh,
Founding & Senior Partner
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Russ Klemm,
Partner & Litigation Chair
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Arlene Ring,
Director of Public Relations
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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 would no longer like to receive seminar invitations, up-to-date information and changes regarding Community Association Law, newsletters, or exclusive, premium CM services and know-how please contact us at pr@clayton-mcculloh.com.
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.)
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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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