The July Issue Includes:
- How to Reply to This Newsletter
- Leaving a Sinking Ship
- Insurance Companies Fleeing Florida
- Coyotes, Bears, & Toads - Oh My!
- Kudos!
- And The Winner Is...
- CM Short Takes
- On Demand Board Certification Classes
- "Elective" On Demand Classes Available
- Board Certification Form Available
- Manager/Vendor Referral Service
- Get the Trending News with Facebook
- Two Ways to Follow Us on LinkedIn
- View Our YouTube Videos
- About the Green Marble
- CM Contact Information
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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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Leaving a Sinking Ship: Florida Legislature Prevents Insurance Carriers' Abandonment
of Florida Homeowners
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This year’s Special Legislative Session passed two important bills, one affecting Condominiums, (SB 4-D, which addresses condominium building safety), and a second, affecting Homeowners’ Associations, (SB 2-D, dealing with insurance issues):[1]
The following is a brief look at SB 4-D.
SB 4-D requires:
1) “Milestone” inspections of condominium buildings three stories and higher. (A Milestone Inspection will determine the structural integrity of a building)
2) Milestone inspections and recertification of all 30-year-plus condominiums, unless the buildings are three miles or less from coast, in which case the inspection and recertification are required within 25 year
3) After the initial Milestone inspection and certification, subsequent recertification is required every 10 years
4) That developers must maintain a reserve fund, while under developer control, to deal with structural issues, as required under the Statute; and
5) A “Structural Integrity Reserve Study” must be completed, and the reserves funded as required by the Study, by December 31, 2024.
To recap: If your condominium building is three stories or above, within three miles of the coast, and at least 25 years old (or farther from the coast than three miles, but 30 or more years old), your Association must complete the requisite Milestone Inspection and Structural Integrity Reserve Study by the December 31, 2024, deadline, to comply with the new law.
That leaves less than three years to find a Structural Engineer or Architect (C&M would recommend a Structural Engineer) and schedule the inspection. Your Association will be in competition with all other Condominiums in the State needing to meet the same requirements, and there is a limited pool of qualified Architects and Engineering firms to choose from. We recommend you select an Architect or Engineer and get on their wait list sooner, rather than later.
If you, or your Association’s Board of Directors, have any questions about SB 4-D, or would like further clarification regarding how it will impact your Association and its business practices going forward, please do not hesitate to contact Clayton & McCulloh’s Client Services team. They will be happy to set up an appointment with myself, or one of the other attorneys, who will be happy to assist you to navigate the new laws in any way we can.
[1] Most new laws passed by the legislature will become effective on July 1, 2022.
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Insurance Companies Fleeing
Florida Lassoed by Legislature
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This year’s Special Legislative Session passed two important bills. In my previous article (please see above), I addressed SB 4-D, dealing with condominium building safety. The second new law, affecting Homeowners’ Associations, is SB 2-D, dealing with property and casualty insurance.[1]
The following is a brief look at SB 2-D:
Homeowners’ Property Insurance Reform – SB 2-D
This new law was passed to address widespread cancellation of homeowners’ policies, escalating premiums, and insolvency of property insurance carriers.
In the past year, there have been at least 20 insurance carrier bankruptcies, or instances of casualty insurance carriers leaving Florida. This is due to increasingly overwhelming claims from homeowners suffering hurricane and storm damage over the last several years, as extreme weather events have become more common.
As a result, many insurers began to deny coverage to homes with roofs 15 or more years old, spawning an “insurance crisis” that resulted in the Special Legislative Session.
This new Statute:
1) Forbids insurers from automatically denying homeowners coverage for any roof less than 15 years old.
2) Requires insurance carriers to insure roofs 15 years or older, if the roof passes inspection. (The homeowner can arrange for the inspection, but the insurer also has the right to perform an inspection). This reduces the chances of policy cancellation.
3) Provides funding for reinsurance for property insurers (the “RAP” program). One reason insurance carriers go under, is an inability to get “reinsurance” that would help them spread their risk. A great deal of money has been budgeted for the “RAP” program.
4) Makes revisions to the requirements for Assignment Agreements (otherwise known as “Assignment of Benefit” Contracts). For example, the assignment of attorney fees is now prohibited for certain categories of contracts.
5) Creates a “Property Insurance Stability Unit,” under the Department of Finance, the purpose of which is to monitor the financial health and stability of property insurers. This Unit will receive reports from the insurance carriers, as well as submitting their own reports to other state agencies. The aim is to keep the state on top of any developing problems with insurers assuming excessive risk, and where there is risk, to ascertain whether it has become a widespread problem, or may have remained localized.
6) The structure of roof deductible provisions in insurance policies has been improved, and such provisions are now more desirable for homeowners.
To recap: If your roof is less than 15 years old, or more than 15 years old but passes inspection, insurers are required to insure your home, to comply with the new law. The expectation is that this will reduce policy cancellations. The insurance carriers will be supported by state funding of reinsurance programs and the new “Property Insurance Stability Unit,” which will be responsible for, among other things, making sure no casualty insurer is biting off more than it can chew.
This will hopefully begin to address the “Insurance Crisis” that spawned the Special Legislative Session.
If you, or your Association’s Board of Directors, have any questions about SB 2-D, or would like further clarification regarding how it will impact Property and Casualty insurance your Association may be contemplating going forward, please do not hesitate to contact Clayton & McCulloh’s Client Services team. They will be happy to set up an appointment with myself, or one of the other attorneys, who will be happy to assist you to navigate the new laws.
[1] Most new laws passed by the legislature will become effective on July 1, 2022.
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Save the Date!
Coyotes, Bears, & Toads - Oh My!
August 25th at 6:00 p.m.
Speaker: Attorney Morgan Swenk
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. Attorney Morgan Swenk and Wildlife Trapper, Leo Cross, will be the hosts of this event.
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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 I 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 and 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 us to.
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And The Winner Is...
You will have to "tune in" later in the month to find out who won the Survey Contests! Winners will be announced in an upcoming newsletter. So keep a look out for the next issue!
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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 gift card. 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!
Do you have a suggestion for a topic or a speaker? Let us know below so we can work it in 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!
We will put your name in a special drawing for a gift card! This promotion ends August 15, 2022.
Alright, alright, alright! People are loving June's Short Takes! June's 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
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 Founder and Senior Partner, Neal McCulloh
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All NEW Board Certification
CM On Demand Classes!
Plus Elective Classes
You read it right! We now have all new Board Certification Classes including all the major changes 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 now feature three Board Certification classes and multiple Elective classes - all 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 directly benefits our Pet Drive.
For all of our CM On Demand Classes - please remember to carefully read and fill out the reservation form and instructions prior to submission as errors may prohibit it from going through. Wait up to three minutes 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!
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The following CM Elective On Demand Classes are now available. Please view the class summary on our website and register at the link below.
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!
2022 Mini Legal Update
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Don't Want to Take the
Board Certification Class?
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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Have You Submitted Your Current Board Information to Us?
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Clients, it is very important to submit your current Board information to us within thirty days of being elected. Simply click on the button below. |
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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 not, 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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Get The Latest Trending News!
Like and follow us on Facebook for:
- Late Breaking News on topics affecting Community Associations,
- Seminar Invitations,
- Legal Updates,
- Human Interest Stories,
- and much more!
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Follow Us On LinkedIn for:
- Legal Articles for Community Associations,
- Legislative Updates,
- Advance Notice of Seminars, Webinar, and Special Events,
- Professional Manager Themed Information and more!
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Follow our Director of Public Relations, Arlene Ring, for:
- 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 here.
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Have You Checked Out Our YouTube Channel?
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 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 would no longer like to receive seminar invitations, up-to-date information and changes regarding Community Association Law, newsletters, or exclusive, premium CM services, 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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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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