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The November Part 2 Issue Includes:
- "Objection! Enacting Board Rules & Regulations"
- We Need Your Vote For A Readers' Choice Award!
- 'Tis The Season
- Upcoming Seminars/Events/Meetings
- Apopka Residents - Here's An Organization Just For You!
- Who's The Most Awesome In Your Association?
- New Community Association Organizations Forming
- Time For A New Manager? We Can Help!
- News Alert!
- Want To Own A Set Of The Florida Statutes For Community Associations?
- Holiday Decorations Dilemmas
- Did You Know?
- Quote Of The Month
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"Objection! Enacting Board Rules & Regulations"
By: Senior & Founding Partner, Neal McCulloh
It is true that after the required notice, boards can generally enact rules & regulations, via a board vote at a duly called board meeting. However, that does not mean such rules and regulations will be valid, binding, effective and enforceable. Determining the validity, effectiveness and enforceability of board adopted rules & regulations depends on various factors. Moreover, such rules & regulations may have significant limitations.
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We Need Your Vote For A Readers' Choice Award!
We are so thrilled and honored to have been nominated for the fourth consecutive year for this very prestigious award, a Florida Community Association Journal's Readers' Choice Award. Just like the Hollywood People's Choice Awards, this award is determined by people such as yourself casting their vote.
Clayton & McCulloh - the firm that
"Embraces Community"
- is requesting your vote again this year. Polls close on December 15, and we just need a final push to help us succeed. Won't you please honor us by taking time out of your busy schedule to vote for us again? Click the link or button below! Thank you so much for your consideration. We are humbled by your vote.
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(Lisa Rodriguez-Davis, teacher at Howard Middle and Michelle Tylutki, Collections Manager)
Each year Clayton & McCulloh participates in a truly unique and special community-based service opportunity. For those of you that do not already know, Clayton & McCulloh sponsors a class for the holidays
consisting of students whose families are very poor and/or have special needs at Howard Middle School. We have already been working and preparing all year for the 2017 holiday season to ensure that the students in this program receive the greatest holiday yet! We are expanding this initiative to include opportunities for our larger Clayton & McCulloh community to get involved. We are currently accepting donations at either of our offices of food for their classroom: peanut butter, granola bars, and healthy snacks. Classroom supplies: paper, pencils, etc and even monetary donations. We will be accepting donations of all kinds until Friday, December 15, 2017. Please consider helping us bring the joys of the holiday season to this class's students and families. Be sure to look for our comprehensive article in regards to our delivery and overall success of this project early next year.
If you have any questions,
please call our Director of Public Relations at (407) 875-4429 or at
(407) 808-2553 after hours/weekends.
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Upcoming Seminars/Events/Meetings
Our upcoming seminars and events are listed below.
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Hold the Dates!
We will be hosting individual Board Certification classes for Condos/Co-Ops, HOAs, and Mobile Home Parks next year. Exact dates are to be determined, but here are the time frames:
March 2018
Condo/Co-Op Class - Maitland and Melbourne - evening class
HOA Class - Maitland and Melbourne - evening class
Mobile Home Parks - Lakeland - day class
June 2018
Condo/Co-Op Class - Maitland and Melbourne - evening class
HOA Class - Maitland and Melbourne - evening class
Mobile Home Parks - Lakeland (or somewhere in Polk County) - day class
September 2018
Condo/Co-Op Class - Maitland and Melbourne - evening class
HOA Class - Maitland and Melbourne - evening class
So, don't make plans to go anywhere else as we will be featuring these complimentary two hour Board Certification Classes. Spend an evening enjoying delectable appetizers, great company, and knowledgeable instructors while getting certified!!
What is "certification?" All Board Members should take the Board Certification class within 90 days of taking office or complete a sworn affidavit and furnish to your Association's secretary. If you would like a copy of the Affidavit, please furnish your name, legal name of Association, and your e-mail address and we will send you the form. Please let us enjoy the pleasure of your company. Another way, we Embrace Community.
As soon as all the details are finalized, they will be announced in our monthly, digital newsletter - "The Green Marble." If you would like to be on our mailing list to receive our newsletter and seminar invitations, subscribe using the links below:
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Apopka Residents - Here's An Organization Just For You!
If your community is in Apopka, there is an organization your Association should consider joining - Apopka Area Council of Neighborhoods Associations (AACONA)! AACONA meets the 2nd Monday each month at the UCF Business Incubator at 325 S. McGee Avenue in Apopka at 7:00 p.m. The monthly meetings feature guest speakers from the city, county, and/or private industry. Members have the opportunity to network with other communities and share possible solutions to problems that they are facing. Potential members must be on their current Association Board.
If you are interested in joining AACONA or would like more information, please complete this
brief form
and a representative will get back to you.
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Who's The Most Awesome In Your Association?
The Most Awesome Award has continued to be an "Awesome" success as we enter the final quarter of 2017. With more and more Awesome Managers and Board Members doing all they can to earn this award, don't miss out on your opportunity to show appreciation to your favorite Board Member or Manager!
Look for of the 4
th
Quarter Most Awesome
Manager and Board Member to be Announced soon!
Use the buttons below to nominate a Manager or Board Member you know who has truly gone above and beyond the call of duty for your Association. Be sure to elaborate
and ensure we know why your nominee is the Most Awesome!
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New Community Association Organizations Forming
There are several new organizations for members of HOAs, Condos, Co-Ops, and Mobile Home Park starting their corporate organizational planning in three different areas of Central Florida in the coming months. They are:
Brevard County
Cities of Ocoee-Winter Garden-Gotha-Windermere
Cities of New Smyrna Beach-Oak Hill-EdgeWater-Scottsmoor-Mims
These non-profit groups are in the early stages of organizational meetings. If you currently serve on a Board of Directors for a Community Association, you are eligible for membership. Want more information? P
lease call our Director of Public Relations at (407) 875-4429 or at
(407) 808-2553 after hours/weekends.
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Time For A New Manager? We Can Help!
Are you 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 - even if you are not currently a client. How?
Our Director of Public Relations has been helping Board Members find managers for 25+ years through our Complimentary Management Referral Service. Having formerly served on community association Boards as well as networking with thousands of Associations through the years, she has gained insight on selecting managers and management companies.
In the early 1990's, in response to requests from our clients, she developed our Complimentary Management Company Referral Service which has become one of our most popular services.
We feature 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.
If you do not believe your differences can be worked out or if you do not have a Manager presently and would be interested in hiring someone to take the daily routine off your plate, contact us for this Complimentary Referral Service.
We have been adding new Management Companies of all sizes to our referral service!
Here's the service for non-clients:
- We send you a list of at least three management companies in your area with contact information; and
- All we ask in return: Please advise us as to which Manager/Management Company you selected.
Here are the highlights of the service for clients:
- We send you a list of at least three management companies in your area with the contact information;
- Optional meeting at any of our offices with our Director of Public Relations wherein you will receive guidance in what to consider when hiring a manager/management company, the pros and cons of a management company versus an independent manager, and preparation of a list of questions to ask your prospective managers; and
- Optional complimentary attendance and assistance by our Director of Public Relations at the manager interviews.
For more information on this service, please call our Director of Public Relations at (407) 875-4429 or at
(407) 808-2553 after hours/weekends. She's available to you 24/7!
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News Alert!
It just got easier to reach our Director of Public Relations, Arlene Ring! She now a direct line (407) 875-4429 which rings directly to her desk bypassing the receptionist. Of course, you can still reach her using our Maitland, Melbourne, or toll-free number and if you need to talk to her after business hours, you can call her on her cell phone. For your convenience, here are the numbers to reach her:
Direct Line: (407) 875-4429
Maitland Office: (407) 875-2655 x129
Melbourne Office: (321) 751-3449 x129
Toll Free: (888) 793-1486 x129
After business hours, weekends, (24/7): (407) 808-2553
E-Mail: aring@clayton-mcculloh.com
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Want To Own A Set Of The Florida Statutes
For Community Associations?
Through the years, we have received numerous requests for a set of the Florida Statutes pertaining to Community Associations. Due to these suggestions, we are in the initial stages of developing "The Florida Statute Organization Service." The pertinent Statutes for HOAs, Condos, Co-Ops, and Mobile Home Parks plus some bonus information would be featured in a very attractive binder for a small fee. The details are still being worked out. If enough interest is out there, this service may be offered as early as January 2018 (or before).
If you are interested, call our Public Relations Department at any of our numbers or drop us an e-mail with your name and association name.
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Holiday Decorations Dilemmas
By: Clayton & McCulloh
The holiday season is once again upon us, and for many of us, no holiday season is complete without decorating our homes to show our festive spirit and our diverse beliefs and faiths. However, we each have our opinion as to what is tasteful and appropriate holiday decoration, especially when it comes to outdoor displays. While some believe that a simple wreath on the door is sufficient, others put great effort into decking their halls, as well as their yards, trees, shrubs, fences, and mailboxes. Elaborate outdoor holiday decorations may be a welcome sight for some, but others may consider over-done displays an eye-sore. On occasion, traffic problems may occur when holiday sight-seers come from miles around to view particularly elaborate holiday decorations. There are also those homeowners that enjoy their holiday decorations so much they keep them around through Easter, much to their neighbors' dismay.
To combat the problems caused by the overzealous decorator or the owner who can't find the time to take down his or her holiday decorations, many community associations have implemented rules regulating or even prohibiting outdoor decorations. While community associations have the authority to implement reasonable rules regulating outdoor holiday displays, the enforcement of these rules may often be controversial and could chip away at the community's bonds. Before taking extreme measures to enforce regulations on holiday decorations, Association Boards should consider the effect on the community as a whole. Are a few plastic reindeer really worth an expensive courtroom battle? Should the spirit of community, a commodity hard to find these days, be put at risk over a couple of strings of colored flashing lights? Most would agree, probably not.
Yet, if an Association Board feels that restrictions on holiday decorations are required, then reasonable rules can be adopted. On the far extreme, an all-out ban of holiday decoration stands a high risk of being deemed unreasonable by a Court if challenged. On the other hand, a rule establishing a certain time period in which holiday decorations may be displayed might be less resistant to challenge. Other sensible rules include requiring "outdoor-use ratings" for lights and requiring that lights be turned off by a certain hour, such as 10:00 or 11:00 p.m.
If an Association chooses to implement rules restricting or banning holiday decoration, and should such rules be challenged by an Owner, the Association must establish that the rules meet the criteria of reasonableness set forth in Hidden Harbour Estates, Inc. v. Norman, 309 So. 2d 180 (Fla. 4th DCA 1975). Specifically, the Association must show that the rules are not arbitrary or capricious but bear some relationship to the health, happiness, and enjoyment of life to the residents of the community. If the Association cannot show that the rules further this purpose, then there is a risk that a Court might find the rules unreasonable, and thus, unenforceable.
Like most other sensitive issues, the bottom line is that Associations should consider the desires of its residents in regulating holiday decorations. While regulations on holiday decorations may serve a valuable purpose in some Associations, in other Associations, similar regulations may seem overbearing and simply serve to widen the gap between the residents and the Association administration. Timely and tasteful holiday decorations will certainly bring joy to young and old, alike, and help strengthen the spirit of community.
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Did You Know?
Did you know that Clayton & McCulloh is available to present complimentary educational classes to non-profit organizations and/or clubs, management companies, or groups of community associations? We have a wide range of programs available for you to select from. If you interested, please call our Director of Public Relations, Arlene Ring at (407) 875-4429 or (407) 808-2553 after hours/weekends for more information.
We are the firm that Embraces Community!
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Join Us In Celebrating These Birthdays!
Robin Wood - Human Resources Manager, Clayton & McCulloh - November 23
Doreen Acevedo - Manager, Space Coast Property Management - November 26
Gina Holbrook - President, Premier Association Management of Central Florida - December 10
David Forthuber - Manager, Sentry Management's Longwood Office - December 19
Linda Arahill - Manager, LKA Properties - December 21
Lynn Edwards - Manager, Condominium Concepts - December 22
Joanna Hart - Vice President, Sentry Management's Longwood Office - December 25
Dayna Patrick - Manager, Sentry Management's Longwood Office - December 26
If you are interested in having your birthday recognized in our newsletter please respond with your Name, Association, and position on your board/management company you work for.
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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 101
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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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 member of BCAM, you are provided a subscription to the C&M mailing list; and/or
*as a former member of NECAM, you are provided a subscription to the C&M 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 please include your full name
and the legal name of your Association (no acronyms, please unless your legal name on the Article of Incorporation lists an acronym.)
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