The November Issue Includes:
- How to Reply to This Newsletter
- Vote for Us!
- Mediation Services Now Available
- Assessments Made Simple
- Vote for the Best of 2021
- CM's On Demand Classes
- Get Your Affidavit Here!
- Ask CM
- Free Referral Service Available
- Applause! Applause!!
- 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 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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Please Vote for Clayton & McCulloh
The Florida Community Association Journal's
Readers' Choice Award
We’ve been nominated once again for the Florida Community Association Journal’s Readers’ Choice Awards! If you think we are deserving of your vote, we would greatly appreciate it if you took the time to vote for us. Simply click on the button below, and follow the instructions on the page.
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Schwartzseid Now A
Certified Court Mediator!
Our very own Partner Alan Schwartzseid has recently been certified as a Florida Circuit Court Certified Mediator! We are happy to announce that mediation services are now being offered by CM to non-clients (as it would be a conflict with our clients as mediators must remain neutral to the parties involved).
If you are interested in this service, please contact our Director of Public Relations, Arlene Ring, to make arrangements. Arlene can be reached at aring@clayton-mcculloh.com, or at (407) 808-2553.
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Notice of Late Assessment
Made Simple by Alan
In June, we notified readers that beginning July 1, 2021, the Florida Statutes would begin requiring a Notice of Late Assessment (“NLA”) as the new “first step” in the community association assessment collection process. See Florida’s Legislature Gets One Right and a few Wrong. We broke down the basics of the NLA, but subsequent client communications indicate that there is still some confusion, which is understandable given the vague drafting of the statutes. To clarify, the NLA is the first statutory collection notice which must be issued by any Florida community association before proceeding with a pre-lien notice.
Some clients have expressed confusion as to whether the NLA should be sent by the Board/management, or by counsel. The statutes is silent on this issue, so in reality, this is the Board’s decision. In deciding, we suggest considering the fact that the attorney’s fees incurred sending this letter cannot be included in the amounts sought in the NLA, and thus having the Association – not counsel - issue the NLA. Moreover, while some attorneys argue that the statute does not preclude “tacking on” those attorney’s fees once the NLA expires without full payment, the statutes could be read to vaguely imply - but do not state - that attorney’s fees associated with the NLA cannot be charged to owners at all. As our clients have seen, we are as aggressive as reasonable in our assessment collection efforts; however, if a judge finds a statutory presuit assessment demand invalid (including the NLA, Intent to Lien letter, lien, or Intent to Foreclose letter), the Association could lose its foreclosure lawsuit. In that event, the judge could refuse to allow the foreclosure, and the Association could be held responsible not only for its own attorney’s fees and costs, but also those incurred by the owners in defending the lawsuit. Worse yet, if a judge finds that these amounts could not be charged to the owners, the Association’s “inaccurate” demand could ostensibly result in a fair debt claim against the Association, management, and/or the law firm and its individual employees.
The statutes also create a rebuttable presumption that, if the Association’s records include an affidavit confirming that the NLA was mailed to the owner, the NLA was in fact mailed. This presumption shifts the burden to the owners to prove that the NLA was NOT sent (which they are unlikely to be able to do). Accordingly, such affidavits provide associations significant protection; while not required, they are highly recommended. The confusion regarding this affidavit stems from the fact that the statute does not specify whether it must be signed immediately, or if it can be signed and added to the Association’s official records months or years later (e.g., once it’s needed to disprove an Owner’s argument that the NLA was not sent). Signing the affidavit on the date of mailing enables the signor/mailer to confirm that they personally deposited the letter in the mail. That would be difficult if not impossible to remember (and thus easy to attack in court) if the affidavit is prepared later; preparing it later would thus ostensibly require that the affidavit (and thus, the Association) rely on less reliable, but still legally sufficient business records instead of personal knowledge.
Given the complex interpretation of the vague statutes governing the NLA and affidavit, we have offered to prepare NLA and affidavit forms for our clients’ use, as well as instructions for how to fill out both documents.
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Vote for the Best of 2021!
It’s time to vote for the best of our 2021 Webinars! Here’s your chance to vote for your favorites of 2021 and to give us your thoughts about what webinars we should host in 2022.
Complete the Survey in its entirety with your favorites! Surveys will be placed in a random drawing for a $50 Visa Gift (will come in handy for paying down those holiday bills) and other “thank you for submitting” gifts. Get your survey in now! Contest closes on Thursday, December 23, 2021, at 11:59 p.m. Winners will be announced in the January issue of CM Update.
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Christmas Harp Ensemble Concert
If you love the melodious Christmas music of the harp, then please make a reservation to listen to the strings of more than a dozen harps for a Christmas Concert.
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Christmas Harp Ensemble Concert
4:00 p.m. on Sunday, December 5th
United Methodist Church of Winter Garden
125 North Lakeview Avenue
Winter Garden, FL 34787
They are requesting a $5.00 (please consider a larger donation if you can) per ticket donation. There is also reception after the event where you can meet the harpists and enjoy light refreshments.
This will be their first post COVID concert. This an annual event held on the first Sunday of the month. Through the years, I have attended many of their concerts sitting in awe of these harpists’ talents and presentation. It is an important part of my Christmas tradition.
For ticket information, contact the Church at (407) 656-1135 or email jdyer@fumcwg.org. I hope you will join me at this festive event.
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D
CM On Demand Classes
Electives and Board Certification Classes
From the firm that Embraces Community, we now feature three Board Certification Classes and four Elective Classes - all on CM On Demand for viewing in rhe convenience of your own home and at your preferred time of day!
You can take these classes at 2:00 a.m. on a Saturday, or whenever your heart desires. While there are no deadlines to view our Elective CM On Demand Classes, there are deadlines to view the Board Certification classes.
Some points to remember for all of our CM On Demand Classes:
- Each person must complete the reservation themselves.
Don't forget to read the website and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the time period listed in the website.
Don't forget to review your Reservation form before hitting the "Submit" button as errors may 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!
All of our classes are listed below - so make your reservation now!
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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Announcing Our New CM On Demand Webinars!
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These On Demand webinars are available to on a complimentary basis. |
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Who Does What?
Officers' Duties Breakdown
Original presentation was September 30th
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 legal questions.
Featuring our Director of Public Relations,
Arlene Ring, and
Partner Alan Schwartzseid
Here are some of the comments made those that attended this extremely popular webinar:
"Arlene was very engaging and informative," "Arlene makes the information lively and entertaining," and "Arlene's enthusiasm and bits of humor are great." Other reviews praised the content and execution of the program along and how CM's webinars were so informative and couldn't be beat! Partner Alan Schwartzseid joined Arlene for the Q&A and received high remarks for his insightful comments and comradery with Arlene.
Make a reservation to see this creative webinar!
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Are You On the Eve of Destruction?
Effective and Destructive
Posts on Social Media
Original presentation was August 26th
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 Community Associations. 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 even possibly, 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 OnTarget
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What?!! We Can Be Sued
Because of Our Website?
Original presentation was May 20th
Did you know that you can be sued because of your website? What should or should not be on your website? How can you improve your website? Learn about the legalities of Community Association websites, what should be (or should not be) on your website, and design tips. Our Attorney will cover the legal aspect while our Guest Speaker will provide you with information on ways to maximize your website to assist in the operation of your Association.
Featuring Partner Alan Schwartzseid
and Guest Industry Expert,
Joshua Adams of Rock Paper Simple
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To Special Assess or Not to Assess?
That is the Question!
Original presentation was October 21st
What do you do when your Association is faced with a major project and reserve funds are not adequate to cover the cost? What if you are faced with an unexpected emergency such as clean up after a storm or a pipe bursting unexpectedly? What are your options? In this webinar we are going to discuss the various factors and key components when faced with the decision to fund improvements and repairs. Topics will include: Project Cost Financing, Special Assessments, Documentation, Collateral, Loan Structure, Term Loans and Non-Revolving Line of Credit, Revolving Lines of Credit and Their Uses, Repayment and Prepayment, and Which Players Should be Involved in the Process and Decision Making.
Featuring, Cathi Dorn & Randy Pennington
of SouthState Bank and
Partner Alan Schwartzseid
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"Bad Board Members: What 'Ya Gonna Do When They Come for You?"
At one time or another, every Association will have a bad board member. It may be a Board Member who refuses to execute their duties, attend meetings, causes disruptions, leaks confidential information, or refuses to turn over Association’s records once they leave office. So, what can you do with a bad board member? Our attorney will delve into these issues offering possible legal solutions, while our Director of Public Relations (an experienced board member) will offer practical solutions and insight into the situations.
This class received strong reviews for its content and delivery and is now available on CM On Demand - Electives!
Original webinar presentation was April 29, 2021.
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Working with Acts of God
Normally, Community Associations just have to contend with hurricanes, tornadoes, fires, sinkholes, and severe storms. In 2020, life brought us a pandemic with far-reaching repercussions. Our Senior Partner, Neal McCulloh, and Guest Industry Speaker, Lou Biron of Sihle Insurance, addressed the legalities, serious issues arising in preparation and the aftermath of these acts of God, and possible solutions to these life changing challenges in a 1 1/2 hour webinar originally broadcasted on Tuesday, March 20, 2021. This webinar was packed full of great information and items to brace yourself for.
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Paradigm Presents: The T's of Telecommunications for Communities
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. Don and Elise Johnson bring you this one hour webinar originally presented on Tuesday, March 30, 2021.
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Oh, What a Night!
In 2020, our seminars/webinars featured a 1950’s musical theme. This October 22, 2020 event featured a panel discussion of three of our dynamic 2020 Business Partners in an one hour open question and answer session.
The panel featured:
Steve Kinder of ServPro
Don Johnson of Paradigm Broadband Group
Chelsee Camero Lintz of Ask an Adjuster
Brian Hess of Clayton & McCulloh
Moderator, our Director of Public Relations, Arlene Ring
Listen to the lively discussion on a wide range of topics facing Community Associations today and the solutions the panel offered to the attendees.
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Here's What People Are Saying About the
CM On Demand 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
What makes our classes stand out from the crowd? First, our attoneys are extremely experienced. Second, we send each successful graduate of this class a detailed cover letter covering numerous topics to prepare a Board Member for their execution of their duties.
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Don't Want to Take the
Board 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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Time for a New Manager or a New Vendor?
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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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 Soon! 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
- Advance Notice of Seminars, Webinar, and Special Events
- 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. See these videos below.
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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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