The C&M July Update Includes:
- What Do You Want in a Seminar? Tell Us and Win a Publix Gift Card
- Upcoming Board Certification Class Hosted by Sentry Management
- Coming Attractions
- Dear C&M
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What Do You Want in a Seminar?
Tell Us and Win a Publix Gift Card
Time is running out
for you to give us your opinion to help us improve our seminars for 2020. Every month our surveys will have different questions for you to answer that will help us make some important decisions regarding our future seminars. After you fill out an online survey you will be entered into a drawing for a Publix Gift card. This month’s survey topics are:
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Method Preference of Making Reservations
Power Point Preference
Suggestions for Incentives for
Associations to bring Entire
Board of Directors to Seminars
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We are leaving it up to you to guide us to delivering what you want next year. And in appreciation, your confidential survey will be placed in a drawing for a Publix Gift card. There is just one catch! You must complete the survey by
midnight, Wednesday, July 31
st
.
The winner will be selected August
1
st
and be announced in our August issue of the Green Marble. No other law firm cares as much about your seminar opinion as we do!
We will run a different survey each month for the coming months where you can help us deliver your desired results! Each survey will feature a different topic. At a future point, this feature will be available on less frequent basis. Please help us meet your seminar needs
. Click the button below to complete the survey.
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Special Note:
Your individual responses will be held confidential and will be viewed by our Public Relations Department only.
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Upcoming Board Certification Class
Hosted by Sentry Management
Last chance for you to get your Board Certification in Sumter County!
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Sentry management, one of the most prestigious management companies in the United States, is hosting a Joint Board Certification class (HOAs, Condos, Co-Ops, and Timeshares) in Tavares. Our Florida Board Certified Senior and Founding Partner, Neal McCulloh, will be presenting the three hour class for Sentry Management.
For all you Board Members who have been requesting this class who do not want to travel to our Maitland office – this is your chance to attend a Board Certification class close to your home! Sentry always has a very appetizing refreshment buffet for the attendees. For general information about the Board Certification and why it is important for you as a Board Member, please check the information below in the Clayton & McCulloh hosted seminars. To make a reservation click the link below:
Date:
Wednesday, August 21, 2019
Location:
Oxford (just outside The Villages)
Hosted by:
Sentry Management’s Tavares Office
Host:
Art Swanton, Vice President
Venue:
Lakeside Landings Clubhouse
Venue Address:
10350 Regatta Blvd., Oxford
Registration:
11:00 a.m. – 11:30 a.m.
Class:
11:30 a.m. – 2:30 p.m.
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Coming Attractions
Make Your Reservation Now- Limited Seating
Board Certification Classes Hosted by Clayton & McCulloh
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The Magnificent Board Members:
2019 Homeowners Board Certification
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Attend via Webinar, Live Audience, or Conference Call
Date:
Thursday, September 12
th
Location:
Our Orlando Office: Maitland
Address:
1065 Maitland Center Commons Blvd., Maitland, FL 32751
Registration:
6:00 – 6:20 p.m.
Class Time:
6:30 – 9:00 pm. (may go a little longer depending on questions)
Attend via Webinar, Live Audience, or Conference Call
Date:
Tuesday, September 24
th
Location:
Our Melbourne Office Suntree/Viera
Address:
1301 Bedford Drive, Suite 102, Melbourne, FL 32940
Registration:
6:00 – 6:20 p.m.
Class Time
: 6:30 – 9:00 pm. (may go a little longer depending on questions)
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The Ten Contract Commandments
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Attend via Webinar, Live Audience, or Conference Call
Dat
e: Thursday, September 19
th
Registration:
6:00 – 6:20 p.m
Class Time:
6:30 p.m. - 7:30 p.m.
Location:
Our Orlando Office - Maitland
Address:
1065 Maitland Center Commons Blvd., Maitland, FL 32751
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Have a question that you would like answered by one of our attorneys? Our new monthly column – Dear C&M – will take one question each month to respond to. Here’s our very first column.
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Dear C&M:
I live in a HOA which is experiencing some problems. On the 4
th
of July, one of our neighbors put on an elaborate fireworks display in a prominent location in our subdivision. The next day, our President sent out an email to all the owners praising the display and how it brings communities together.
This concerns many of the neighbors about things that could have gone wrong such as damage to our common elements not to mention what many of us feel is a liability to the Association for endorsing this event. Several of us researched the Statutes and local ordinances. We found it is illegal to put the type of display this owner put on. The fire marshal confirmed this, but advised since it was the 4
th
of July, police do not have enough man power to enforce the law. He suggested that it was the responsibility of the HOA to do so.
Several of us sent private emails on our personal accounts to the President on his personal account (rather than the Association’s official account) advising him of our research and potential liability to the Association. We did not mention any names. We wanted to protect the Association and the President from any embarrassment for his error. We did not demand any action or were rude in any manner. We just wanted to let him know for future purpose.
Very upset, our President sent copies of our email to the Board resigning because he didn’t realize there were so many rules and regulations for an Association and he can’t govern like that. Before his resignation was official, he sent the violator copies of our emails with our private email addresses with a nasty note.
The violator then posted our email with his own unpleasant comments and also blaming us for the President’s resignation on the Associations Facebook page. We admit that we signed a paper authorizing the board to use our private email address to send announcements to us, but we did not authorize it to be shared with others. The violator has been calling us “out” on Facebook and emailing me and posting on my Facebook page with threats. While we have blocked the violator from our Facebook page and emails, it has become very volatile situation. Half of the neighborhood blames us while the other half supports us. It is tearing our neighborhood apart. We are very concerned for additional fallouts and ramifications from the neighbors who agree with the individual putting us on display.
What can we do? Can the former President publish our private email addresses along with our confidential emails? And give it to the individual putting us on display? Doesn’t the Association have some liability for endorsing the firework display that is illegal? Help!
- - Concerned HOA Owne
r
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Dear Concerned HOA Owner:
While Clayton & McCulloh agrees that such a response from the former President as laid out in this question may be in poor taste, and that we would never recommend such an action by any member of the Association’s Board of Directors, or any former member of the Association’s Board of Directors, nevertheless, nothing in the Florida Statutes would specifically prohibit such an action taking place by a former member of the Association’s Board of Directors. More specifically, Clayton & McCulloh understands, in the facts as presented above, that the President resigned after or concurrently with the transmission of the e-mails to other members of the Association; as such, the liability to the Association for such actions would likely be limited. However, if such actions have resulted in damages to you or to any business owned by you, you may want to seek independent legal counsel.
Moreover, with regard to the Association’s liability for endorsing the fireworks display, the Association may have some liability for endorsing the fireworks display, but it seems from the facts that were presented that the endorsement of the fireworks display was after the presentation by the Owner within the Association. Of course, the key in determining any liability on behalf of the Association is whether there was any Association involvement in advance: in planning, or in conduct, of the display. Moreover, are there any particular provisions within the Association’s own Governing Documents that were violated in any such display? If there are, then the Association could face some risk in not enforcing the Association’s Governing Documents in any such display outside of any specific prohibition or general prohibition on such a fireworks display within the Association’s Governing Documents. Nevertheless, despite the presumption of the fire marshal, the courts have been loath to allow private corporations, such as homeowners associations, police powers in enforcement of local and state laws. As such, the Association would likely not have the ability to enforce local ordinances or state laws. Generally, enforcement of state laws and local ordinances must rest with law enforcement within your municipality.
The best advice we can give to your Association is uniform, consistent enforcement of the Association’s Governing Documents. If your Board is not practicing such, we recommend the owners within such Association consider replacement of such Board members, either at an election or by way of recall.
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If you would like to submit a question, send your question
publicrelations@clayton-mcculloh.com
.
Please include your name, position within the community, and the legal name of your Association. If your question is selected, we will contact you prior to publication for additional details (such as using your name, Association, or clarification of any facts).
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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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Melbourne Office: Suntree/Viera
Baytree Corporate Park
1301 Bedford Drive, Suite 102
Melbourne, FL 32940
Phone: (321) 751-3449
Fax: (321) 751-3450
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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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