The May Issue Includes: Ask C&M - Questions From Our Readers COVID-19: Continuing the Closure of Association Amenities New Flat Rate COVID-19 Service Both COVID-19 Webinars Now Available on C&M Website Free Live Webinar - Stand by Me: Working Effectively with Your Attorney Free Live Webinar - HOA Board Certification Class - Last Chance Attention Management Companies! Schwartzseid Guest Speaker for Florida Bar Legalese Marketing Group features Schwartzseid on Facebook Live Corporate Report Filing Deadline Extended Be Part of the Celebration Memorial Day Closing C&M Valued Partners w/COVID-19 Services Why You are Receiving This Update

Disclaimer: Formatting and images may appear differently on your device based on the device settings.  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 an excellent question raised by Margaret Reardon of Paine-Anderson and others in the past. Her question is: "Does a CAM license empower employees of a management firm to perform CAM-licensed duties because they "work" for a licensed manager?" Russ Klemm , Partner and Litigation Department Chairman, provides this answer: In the state of Florida, any person providing “community association management,” is required to obtain a community association management license, issued by the Department of Business and Professional Regulation of the State of Florida (Florida Statute 468.432). In Florida, management firms, as well as the individual Community Association Managers, are subject to licensure. The definition of “Community Association Management” is contained within Florida Statute 468.431, and is applicable to all associations with more than ten (10) units or a budget in excess of $100,000 per year, and such duties would include (but not be limited to): controlling or disbursing funds, preparing budgets or other financial documents, assisting in the noticing and conduct of community association meetings, and coordinating maintenance and other day-to-day services involved with the operation of a community association. There is, however, a partial exception under the statute, whereby a person performing clerical or ministerial functions, and doing so under the direct supervision and control of a licensed CAM Manager, or someone who is charged only with performing maintenance for a community association, is not required to be licensed. (Florida Statute 468.431(2)). While Florida law would not “empower” management company employees to perform CAM duties, it would allow employees to perform certain clerical or ministerial functions, if the employees are under the direct supervision and control of a CAM Manager.

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

COVID-19 – Continuing the Closure of Association Amenities As the Phase I plan to reopen Florida is now in place, and especially as gyms can now reopen, boards and management companies are increasingly being pressured to reopen their amenities. As such, associations and their boards should seriously consider having the risk and potential liability associated with reopening their amenities explained by their counsel in a letter to the membership (i.e., the owners). To the extent that our clients are following our recommendation not to reopen their amenities, at least for the time being, this too should be explained in our letter so that the membership understands that it is Clayton & McCulloh (i.e., the association’s law firm) who is to blame for postponing and delaying such reopening.

New Flat Rate COVID-19 Service Available! Highly Recommended Flat Rate Service We’ve got your back! Unfortunately, Board Members are being highly criticized, badgered, pressured and threatened to reopen amenities. As such, the reasons, justification and need to keep them closed needs to be explained to their membership, as well as, who the Board is relying on in making these decision(s). Not only are we available to counsel our clients with respect to the issue of reopening their amenities, but because of the volume of issues we are addressing, we have created a flat rate letter, which our clients can send to their members explaining that this firm has advised the Board to avoid the risk associated with prematurely reopening the amenities (e.g., why they remain closed), as well as, explaining the risk associated therewith. Communication is key and critical. As such, please have your Board consider whether your association should, if not needs, to communicate to its membership why the actions undertaken by the Board (e.g., keeping the amenities closed) needs to be taken. We, of course, are available to consult with our clients and address their particular situation(s), fact(s) and concerns, as well as, provide them with our recommendations in writing. If you are interested in learning more about this service, or considering becoming a client, please contact Arlene Ring, Director of Public Relations at aring@clayton-mcculloh.com .

COVID-19 - Part I & Part II Webinars  Now Available on C&M Website

Our April 7th, COVID-19 Webinar Part I,and May 12th. COVID-19 - Re-Opening the Association: Part II, are both now available on our website . These free webinars feature our Senior & Founding Partner, Neal McCulloh , and Sentry Management President, Brad Pomp.

Change Up In Live Webinar Schedule Our original intent when we announced our 2020 series of live in-person seminars and live webinars, was to present various subjects throughout Central Florida. However with the arrival of COVID-19, we have consolidated our live in-person and live webinars into a shorter schedule through June. We will be hosting approximately two webinars per month for the months of April - June and resume our 2020 Schedule in September, depending upon the environment at that time. Traditionally, there are no seminars/webinars in the months of July and August.

Free Live Webinar Stand by Me: Working Effectively with Your Attorney Thursday, June 11th 6:30 - 7:30 p.m. Featuring: Ken Clayton, Senior & Founding Partner Unsure why your attorney approaches something a certain way? Don't understand why a title search is necessary? This brand new one hour webinar will provide suggestions and solutions on how to work with your attorney effectively. We will release the date as soon as it becomes available. This will be the only time this webinar will be offered this year so make your reservation now.

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Free Live HOA Board Certification Webinar Last Live HOA Board Certification for 2020 Featuring our Litigator-in-Chief and Partner, Russ Klemm Th ursday, June 18th Class Starts: 6:30 p.m. This 2 1/2 - 3 hour 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.  Pre-submitted written questions are invited. To submit your question, send an email to publicrelations@clayton-mcculloh.com with your name and the name of your Association or if you are a manager, the name of your Management Company.

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Attention Management Companies! C&M Available for Speaking Engagement Would you like one of our attorneys or staff to speak at one of your webinars/seminars? Would you like to partner with us to host a webinar on COVID-19 or other subjects? Our attorneys and/or staff members are available to speak or partner with your company to present seminars/webinars to your clients. We can create a class for you, or you can select one of our classes from our vast Master Course Catalog. If you are interested, please contact Arlene Ring in our Public Relations Department. E-Mail: aring@clayton-mcculloh.com Direct Line: (407) 875-4429 After Hours Cell: (407) 808-2553

Schwartzseid Guest Speaker for Florida Bar Partner Alan Schwartzseid is a featured speaker for the Florida Bar's "Bankruptcy Issues Plaguing Community Associations" to be held on May 26th. While this is a webinar for attorneys, if you are interested attending this webinar, please contact our Public Relations Department. The Florida Bar charges $75 for this webinar.

Schwartzseid Guest Speaker on Facebook Live for Legalese Marketing

We were honored that Alan was asked to be a guest on Legalese Marketing's "Learning More About Real Estate and Community Association" Facebook Live presentation on May 14th. Alan joined Jordan Ostroff, CEO and Attorney, for the Legalese Marketing Group.

Annual Corporate Report Deadline Extended By:  David Batan, Coordinator of Client Services The deadline to file your Annual Corporate Report with the Department of Business & Professional Regulations has been extended from May 1st to June 30, 2020.  Pursuant to Executive Order No. 20-52 and Department of State Emergency Order 2020-01, signed March 27, 2020, the time requirements for business entities to file annual reports are suspended and tolled until June 30, 2020.

You Deserve to be Celebrated! And we want to celebrate your birthday along with you by publishing your name, association or management company, your birthday Month and Day (e.g., March 5 th ) in as many of the following options below as you would like to share: In our Newsletter. It would appear as – Sue Smith, XYZ HOA – February 2nd On our Facebook page, it would be similar to above with an appropriate birthday photo that we select, or you can furnish a head shot to you for publication Or if you are very lucky, a digital birthday card.  If you would like to celebrate your very special day with other Board Members, Managers, and C&M, complete this short form .  You are a special person who should be celebrated and treated like royalty on your debut day on Earth. So, share!

We will be closed for Memorial Day, Monday, May 25th. This holiday is not just a three day weekend. It is about honoring our men and women who made the ultimate sacrifice for our country so you may have the freedoms you experience today. Please remember to take time out to honor these brave men and women. Clients, please remember that we are available to your after hours and on holidays by using our 24/7 phone number at the bottom of this e-mail.

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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; You are a former member of BCAM and NECAM; You registered for one of our seminars/webinars; and/or You submitted a request to be on the 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 full 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)