The July Issue Includes:
- How to Reply to This Newsletter
- Florida’s Legislature Gets One Right – and a Few Wrong
- Spotlight on August Webinars
- Upcoming 2021 Free Webinars
- CM's On Demand Classes
- Get Your Affidavit Here!
- Ask CM
- Did You File Your Annual Corporate Report?
- Need a New Management Company or Other Vendor? We Can Help!
- Applause! Applause!!
- CM Closed for Independence Day
- Have You Submitted Your Current Board Information?
- Get the Trending News with Facebook
- Two Ways to Follow Us on LinkedIn
- View Our YouTube Videos
- About the Green Marble
- Our Valued Sponsors
- CM Contact Information
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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.
Make a comment on our featured article "Retirement Communities in Florida" or another article 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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Florida’s Legislature Gets
One Right – and a Few Wrong
This year’s Florida legislative session was fairly productive for community associations. Among the statutory amendments scheduled to take effect July 1, 2021 are two which could significantly impact our clients’ covenant enforcement and collection procedures, and we are thus supplying this brief update.
Please join me in a heartfelt ♪♪♫ HALLELUJAH ♪♪♫! After several years of attempts by the Florida Bar Condominium and Planned Development Committee, the Florida Legislature passed SB 630 which will revise the covenant enforcement process for the better, for condominiums and cooperatives. For the last several years, these associations had to pursue covenant enforcement by issuing a notice of intent to file non-binding arbitration, then filing the petition for arbitration. When the final order is filed in arbitration proceedings, and the owners inevitably fail to comply, the Association could then file its lawsuit. The procedure has become increasingly problematic in recent years (which is why the Committee was pushing for this change):
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Arbitrators’ significantly delay completion of the arbitration, which in turn delays the overall enforcement process. By way of example, C&M filed an arbitration petition in March 2021. The arbitrator entered an Order setting a deadline for the unit owner to Answer, and 3 weeks after that deadline expired, the arbitrator entered another Order defaulting the owner and providing until April 26th to respond and explain the previous lack of response, or a Final Order would be entered. Another month elapsed after the deadline, so we moved for a Final Order and fee award in late May. In late June, we still have no indication that the arbitrator actually intends to rule.
- These Arbitrators tend to award relatively low hourly rates for attorneys, causing the expectation that even inherently reasonable charges will not be awarded, and will thereby become unrecoverable except via settlement.
- The concept of “precedent” – consistent rulings by the State’s arbitrators - appears to have been eroded or eliminated in recent years. Different rulings have been entered despite involving the same arbitrator and association, and identical violations. This has caused associations with valid claims to reconsider whether to pursue legitimate, clear covenant violations.
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Fortunately, the new procedure will enable Florida condominiums and cooperatives to avoid many of these issues, by choosing between: (1) arbitration or (2) an offer to participate in pre-suit mediation. (See our article, What is Mediation). Pre-suit mediation has been successful in settling or avoiding wasted time in homeowners association covenant enforcement matters for several years. Offering and/or participating in a one-time mediation could save time and money as compared to arbitration, and I am glad to have participated in pushing the amendment forward.
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The other major statutory change comes via SB 56, which revises the following procedures required of Florida condominium, cooperative, and homeowner associations seeking to collect assessments:
- Assessment invoices or statements of an account balance, if sent, must be sent by first class mail or e-mail to the mailing address listed in the Association’s official records for each lot/unit.
- Before the method of delivering these notices can be changed for any individual lot/unit, the Association must provide 30 days notice of its intent to make the change, and the owner must actually acknowledge their understanding that the delivery method will change. Good luck obtaining that acknowledgement! I intend to pursue an amendment to this requirement next year, to make the Association’s obligations deemed complete once the 30-day notice is mailed or e-mailed.
- A new “Notice of Late Assessment” must be issued (in a form supplied in the statutes) before the Association can demand any attorney’s fees or costs.
- This new notice is good for 30 days, and essentially states what is due for maintenance assessments, late fees, and interest. Notably, the statutes is unclear as to whether the Association can (or must) include unpaid special assessments, or management firm charges for preparing and issuing the notice - or any prior management notices.
- Fortunately, the statute does not appear to be intended to apply retroactively. In other words, if assessment demand notices have already been issued, the process ostensibly proceeds from there rather than the association being required to start over with a Notice of Late Assessment.
- Association Boards of Directors may wish to replace any “pre-demand” notices (e.g., “reminder” letters, etc.) currently being issued, with this statutory notice, to avoid having to extend the overall timeline for the Association’s collection process
- All Notices of Intent to File a Claim of Lien and Notices of Intent to Foreclose a Claim of Lien are now good for 45 days. Previously, these notices were good for only 30 days when issued by condominiums and cooperatives.
As always, we recommend consulting Association counsel before making any procedural changes to Associations’ enforcement or collection processes, which could require amendments to existing Association policies and procedures. Our current clients are welcome to contact me directly to discuss these changes, and others may contact Arlene Ring to arrange a consultation or representation agreement.
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Announcing
Our August
Webinars!
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Here comes our brand new August Webinars. The rest of our 2021 webinars are listed after the featured August webinar. |
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2021 Live Question & Answer Sessions 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
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Are You On the Eve of Destruction?
Effective and Destructive
Posts on Social Media
Thursday, August 26th
6:00 - 8 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 an Association. 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 possibly even 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 On Target Marketing Group
Registration Deadline: 3:00 p.m.
Tuesday, August 24th
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Upcoming
Free 2021
Webinars
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RESCHEDULED FROM APRIL 22ND!
Elements of
Community Association Insurance
Thursday, September 16th
6:00 - 7:30 p.m.
This Class is being offered for One (1) Manager Credit
Course No.: 962817
Community Associations can be complex and each Association will have their own unique set of exposures and liabilities. During the presentation, the speakers will help simplify and walk you through the insurance process and the major coverages each Community Association needs to be aware of as they purchase their insurance. This course will touch on state statutes, underwriting requirements, different types of carriers available, and coverages all Associations and their managers should understand. Whether you are experienced or just starting in Community Associations, this course will provide a level of content for everyone.
Speakers: Jared Pizzuti and Kevin Halvorsen
of Sihle Insurance
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2021 Live Question & Answer Sessions 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
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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 any legal questions.
Featuring our Director of Public Relations,
Arlene Ring, and
Partner, Alan Schwartzseid will be available
for any legal questions
Registration Deadline: 3:00 p.m.
Tuesday, September 28th
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2021 Live Question & Answer Session for Homeowner Associations
Thursday, October 14th
6:00 - 7:40 p. m.
Door Prize Award
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
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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 rampant killing pets;
- Bears are entering our communities with no fear;
- Poisonous cane toads are encroaching on Central Florida with fatal results for our pets;
- Feral pigs are destroying property and threating property owners;
- 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 one to 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
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CM On Demand Classes
We now have two new On Demand classes!
Paradigm Presents: The T's of Telecommunications for Communities
Speakers - Don & Elise Johnson of Paradigm Broadband Group
What’s the difference between fiber and copper systems? Is there compensation from providers to communities for individual subscription services available? Have you considered a bulk agreement for internet or TV services at a discounted price? Find out what’s on the table for your community. We welcome you to join our Valued Business Partner, the CEO of Paradigm Broadband Group, an expert in the broadband industry, as he describes "The T’s of Telecommunications," covering such topics as technologies to consider, terms to negotiate, tactics to look out for and timing.
Working With Acts of God
Speaker - Senior Partner Neal McCulloh & Lou Biron of Sihle Insurance
Normally, Community Associations just have to contend with hurricanes, tornadoes, fires, sinkholes, and severe storms. Last year brought us a pandemic with far-reaching repercussions. Our Senior Partner, Neal McCulloh, and Guest Industry Speaker, Lou Biron of Sihle Insurance, will address the legalities, serious issues arising in preparation and the aftermath of these acts of God, and possible solutions to these life changing challenges.
We now feature three Board Certification Classes, as well as our 2020 Vendor Panel discussion "Oh, What A Night!," "Paradigm Presents: The T's of Telecommunications for Communities" and "Working With Acts of God" all 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 a Board Certification class unless you have put aside 2 – 2 ½ hours to view within twenty-one (21) calendar days of making the reservation. ("Oh, What A Night!," "The T's of Telecommunications for Communities," and "Working With Acts of God" have no restrictions.
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DO NOT SHARE THIS LINK. 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 tattletale and will let us know if you are naughty), we regret that we cannot provide your certification.
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Upon successful completion of the course, you will receive your Certificate within five (5) business (not calendar) days.
For the most part, this is an automated system. Please read the website and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the 5 business days.
Please review your 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 to 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?
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Here's What People Are Saying About the
Board Certification Classes!
About the HOA Class: "I feel more confident now having been informed. Before viewing the "I Walk the Line" presentation, I didn't know what I didn't know. Now I realize that I need a better student of the laws in order to be a better board member." David Doster - Countryside PUD Unit XIIA HOA
About the COA Class: "As a new individual to condominium living and being on their board, this was an excellent introduction. Would highly recommend this course to board members ASAP in their application process." James Pinkerton - Old Ponte Vedra Beach Condominium.
About the MHP Class: "This was very informative ane enlightening. The length of the seminar was good and the information covered was most appropriate." Thomas Stamates - Water Oak Estates HOA
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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.
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If you have any Community Association questions that you would like answered, please submit your question using the button below. We regret that we cannot answer every question and cannot answer a question that requires us to review your Governing Documents. If your question is not answered for the next issue, we may use it for a future issue.
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Did You File Your Annual Corporate Report?
The deadline for Florida corporations – both for profit and for non-profit – to file their annual Corporate Report is May 1st. The State begins to administratively dissolve corporations in September if the report has not been filed by the first of September.
Why is it important to file your Corporate Report? Besides complying with State regulations, it protects the corporate entity and those individuals serving it. At one time or another, many Associations are under the mistaken belief that if they do not file a Corporate Report, their Association simply ceases to exist. To one extent, that is true, but regrettably that is an incomplete assumption with serious consequences. Your Association may still have all the responsibilities of operating the Association and property owned by the Association including maintenance. But what has also been accomplished is that the failure to file has opened up the Board of Directors to personal liability. We have all seen the corporate movie thrillers where the term “piercing the corporate veil” is thrown around a lot. Well, you may have given the opposing side a very large gift because they can now pierce the corporate veil, and instead of having the Association possibly liable for damages in litigation – now individual members of the Board (or the ones listed on the last filed corporate report) could now be personally liable and can be sued individually with no protection.
If you have not yet filed your corporate report, please do so immediately. The State may waive reinstatement fees if you do it quickly. If you would like assistance with this task or have more questions, please call us.
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Time for a New Manager or a New Vendor?
We Can Help!
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 or a new 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 can help! 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 via extension 129 or at (407) 808-2553 after hours/weekends. You can also make a request by clicking the button below.
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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 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.
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CM Closed for Independence Day |
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CM will be closed July 5th in order to allow our attorneys and staff to spend the Independence Day weekend with their families.
Our Director of Public Relations will still be available to assist you with any problems that may come up during that weekend. Her number is featured at the end of this newsletter as the 24/7 contact number.
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Have You Submitted Your Current
Board information to Us?
Clients, it is very important to submit your current Board information to us within thirty days of being elected. Simply use this link. Why is it important? Check out the reasons on this form.
Coming in August - brand new service - a link for non-clients to update their Board Information.
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Get The Latest Trending News!
Like us on Facebook and you will receive:
- Late Breaking News on topics affecting Community Associations
- Seminar Invitations
- Legal Updates
- Human Interest Stories
- Much more
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Follow Us On LinkedIn and You Will See:
- Legal Articles for Community Associations
- Legislative Updates
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- Professional Manager Themed Information and more!
Connect with CM by clicking on logo
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Follow our Director of Public Relations, Arlene Ring, and you will see:
- Articles address 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 by clicking on logo
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Have You Ever Checked Out Our Individual
YouTube Videos?
Did you know that several of our attorneys and staff have an individual video on our website and YouTube? No? Each person covers a different aspect of Community Association Law or life. Check out our videos below by clicking on the YouTube logo next the person's name.
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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 the "Green Marble"
The Green Marble is a monthly digital newsletter, a complimentary service for our Association Clients and Managers. CM also features an additional monthly digital newsletter, "CM Update," 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.)
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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.
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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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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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