The July Issue Includes: - Clayton & McCulloh Earn Coveted Board Certified Designation - You Win! So What? ! - Tips for Directors - Industrial Hygienist Locate & Document Mold - Earn Money for Your Opinion - Coming Attractions - Executive Producer Highlight - SERVPRO - Pet Drive - Save a Life! - Pet Corner - Poodle and Pooch Rescue - Did You Know Submitting Work is Easy Peasey? - Flat Rate Service - The Most Awesome Mug - Birthdays - Quote of the Month

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We are proud to announce that our two senior and founding partners, Ken Clayton and Neal McCulloh, have earned their Board Certification designation in Condominium and Planned Development Law which covers condominiums, cooperatives, and homeowners associations. This designation recognizes attorneys' special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice and is bestowed to the cream of the crop.

You Win! So What?! By Senior Collections Attorney , Alan Schwartzseid 

Contrary to popular belief, obtaining a final judgment in a lawsuit should not be treated as a “game over” scenario. It is indeed a crucial first step toward obtaining what you’re looking for, but in reality, it means little more than that a judge agrees that you are entitled to something from the person you have sued. This could mean the judge has confirmed the defendant owes you money, or that the defendant can’t (or must) take certain actions, etc. Regardless of what relief you have been found entitled to receive, there is generally still more to do despite having taken that significant, crucial “first” step toward your end goal of actually receiving the relief sought in the lawsuit. For example, in a lawsuit seeking unpaid community association assessments, the association generally seeks money damages ( i.e. , the unpaid assessments, interest, late fees, attorney’s fees and costs incurred), and foreclosure of the property if the debt is not paid by a specific date ( i.e. , the foreclosure sale date). However, this remedy is only available in limited circumstances, and a judgment for money damages is less effective where no foreclosure sale can be scheduled. Moreover, a foreclosure sale can be canceled by the judge, or delayed or avoided altogether via bankruptcy. When no foreclosure remedy is available, an asset search regarding the defendant can be a useful tool in determining whether the defendant is "collectable," meaning whether there are assets to collect if/when you obtain your judgment. These assets may include bank accounts, salary, personal property, non-homestead real property, etc. If no such assets seem to exist, the question becomes whether you are willing to spend thousands or more in fees and costs to obtain a nice piece of paper ( i.e. , a judgment) to place in a frame on your wall. When a defendant lacks such assets, they are generally also more likely to seek bankruptcy protection, meaning more attorney’s fees and possibly less - or no - collection options for you. Note that sometimes,

when a matter becomes personal, we do see clients seeking such money judgments for the exact reason that they do want a “trophy” or a “moral win.” It is normally worth including a requirement in the money judgment (including one that is only for attorney's fees and costs awarded to the "winner") that the non-prevailing party supply a Fla.R.Civ.P. Form 1.977 within a specific timeframe. This form outlines some of the person or entity’s assets, and facilitates collecting those assets to satisfy the judgment debt in whole or in part. Recording a certified copy of the judgment will also turn your judgment into a "judgment lien" against all real property in the county where each certified copy is recorded. This is important to establish the priority of your lien over all later-recorded liens against the owner's real property. Perhaps more importantly, it also establishes that your lien must be paid before "clear title" can be conveyed, if the debtor seeks to sell the real property. Similarly, if you locate non-homestead real property owned by the defendant, you can levy on (require the sale of) the property to satisfy the debt. Remember, though, that creditors are paid in order of priority, meaning that if there are 2 mortgages against the property that were recorded before your judgment lien, they will be paid first.

Tips for Directors

Trying to get your owners to take pride in their yards? Consider having a “Yard of the Month” contest. Each month have your Architectural Review Board (or Committee) select an outstanding or improved yard to recognize.  Have a sign company create a Yard of the Month sign with your Association’s Name and maybe your logo or an image that represents your Association. Then you can display the sign in the winner’s yard. Once you have a selected a winner, take a picture of the yard and announce the winner in one or all of the following ways: On your web-site On your Facebook Page On Next Door App/web-site Recognize the winner at your next meeting (or all the winners of that year at your next Annual Meeting). Unless your Association’s Governing Document prohibits expenditures for gifts, you might add a line item to your budget for a monthly gift card to go along with the award. We suggest you purchase a gift card that everyone can use such as a grocery or

gasoline gift card. However, many Associations find that the sign has provided incentive alone for their members.  Does your Association recognize great landscaping? If so, what do you do? Let us know and we might include it in a future “ Green Marble .” Just return your examples with your name and Association to this email. Your suggestion might really help another neighborhood looking for some viable solutions to their problems.

Industrial Hygienist Locate & Document Mold Infestation By Andrea McCarthy, Marketing Manager of SERVPRO of Brevard

As a handy homeowner, you know how to remedy almost every maintenance issue that comes along. You know how to repair a door that doesn’t shut properly. You know how to fix a squeaky step. You even know how to perform minor plumbing repairs. One problem you may not know how to handle is mold cleaning. Mold is mysterious. Mold is devious. An innocent-looking patch of mold may be a more significant problem than you can imagine. When it comes to mold, it’s essential to understand that: Mold damage may be widespread and well-hidden. Mold remediation costs are usually the home insurer’s responsibility. Mold infestation creates an unhealthy home environment. Mold removal should begin as quickly as possible to limit its spread. Industrial Hygienists Are Mold Infestation Experts  Industrial hygienists also go by the name environmental hygienists. A hygienist can evaluate your mold problem, create a report and explain the findings. The report includes types of mold present, the infested locations and the severity of the infestation. When it comes to insurance, the hygienist’s report plays a crucial role. The insurance adjuster uses the report to determine a course of action for mold cleaning. Insurance companies depend on the expert opinions of Certified Industrial Hygienists. Without an expert evaluation, a successful cleanup is difficult.

Mold Cannot Hide From Industrial Hygienists One might think that a hygienist is someone who walks through your home with a clipboard and takes notes. That certainly part of the job. Don’t be surprised when the gloves, mask and tools come out. The hygienist’s job is also to find mold wherever it hides. The job includes removing wallboard and searching crawlspaces to discover mold’s hiding places.  If your home suffers from a mold infestation, it’s time to pick up the phone. There are local certified hygienists and mold remediation specialists who are ready to evaluate your mold problem and begin the mold cleaning process right away. They are here to help.

What Do You Want in a Seminar? Tell Us and Win a Publix Gift Card

We want you to tell us what  you want  in our seminars. Here’s your chance to put your two cents in and be eligible to win a Publix Gift Card! Below is a link to a brief survey including such questions as:

What Theme Do You Want for 2020 Seminars Is a Certificate of Attendance Important to You Do You want to Receive Printed Materials in Advance Suggestions to Entire Board of Directors Attend a Seminar

We are leaving it up to you to guide us to delivering what you want next year. And in appreciation, your confidential survey will be placed in a drawing for a Publix Gift card. There is just one catch! You must complete the survey by  midnight, Wednesday, July 30 th .  The winner will be selected August 1 st  and be announced in our August issue of the "Green Marble."  No other law firm cares as much about your seminar opinion as we do!  You can help us deliver your desired results!  Each survey will feature a different topic. At a future point, this feature will be available on less frequent basis. Please help us meet your seminar needs . Click the button below to complete the survey.

Manager Survey

Board Member Survey

Special Note:    Your individual responses will be held confidential and will be viewed by our Public Relations Department only.

Coming Attractions

Did you know that the Florida Legislature passed legislation a few years ago requiring every Board Member to take a Board Certification Class? If you have been off the Board for even a day, you must re-take the class, or execute an Affidavit stating that you have read, understand your Documents, the ramifications of non-compliance, and agree to enforce your Documents. Make sure you attend this year’s Certification Class to get the scoop on what is expected of you as a Board Member.     You asked for it – and we granted your wish. We feature separate classes for Homeowners Associations and Condos and Co-ops.  We have updated this course to comply with the changes to the law. Join us for three hours of preparing you for your role on the Board.

The Magnificent Board Members: 2019 HOA Board Certification Class

Attend In Person or via Webinar Date: Thursday, September 12th Speaker: Senior Collection Attorney, Alan Schwartzseid Location: Orlando Office: Maitland - 1065 Maitland Center Commons Blvd., Maitland, FL 32751 Class Time: 6:30 pm - 9:00 p.m. Make a Reservation: Click Here Attend In Person or via Webinar Date: Thursday, September 24th Speaker: Senior Collections Attorney, Alan Schwartzseid Location: Melbourne Office: Suntree/Viera - 1301 Bedford Drive, Suite 102, Melbourne, FL 32940 Class Time: 6:30 pm - 9:00 p.m. Make a Reservation: Click Here

The Ten Contract Commandments

Attend In Person or via Webinar Date: Thursday, September 19th Speaker: Partner, Russ Klemm Location: Orlando Office: Maitland - 1065 Maitland Center Commons Blvd., Maitland, FL 32751 Class Time: 6:30 pm - 7:30 p.m. Make a Reservation: Click Here

Executive Producer Highlight

This month, we are highlighting one of our Executive Producers, SERVPRO of South Brevard. SERVPRO provides residential and commercial restoration and cleaning services for any disaster.   We asked Marketing Manager Andrea McCarthy about how her company can assist your association: Q: How can our associations benefit from your service? A: SERVPRO pioneered the development of the state-of-the-art Emergency READY Program for quick electronic access to facility information when and if needed due to a disaster event. This FREE program is designed to be a quick and easy snapshot of your Condominium providing the critical building information needed for emergency preparation.   Q: What is the one thing that people probably won’t know about your service? A : We produce and utilize all our own chemicals for each type of remediation and cleaning situation. Products are produced at our laboratory onsite at our Corporate Office.     Q: From your experience, what advice would you give to an association? A: Hurricane season is quickly approaching, please call us to discuss the Emergency READY Program for your Association.   Q: How can an association save money by using your service? A: Our SERVPRO business model is readiness planning and rapid response to cleanup which helps prevent additional property damage and the associated costs. Our restore first approach leads to faster job completion, lower costs and satisfied customers .   Q: What sets your company apart from your competition? A: SERVPRO has identified a series of key differentiators that help distinguish the SERVPRO Brand from the rest of the industry. These Differentiators have been placed into four main categories: READY, FASTER, HERE TO HELP, and PROOF.  To learn more about how SERVPRO can help your Association contact Andrea McCarthy, cell - (321) 750-4172 or andrea@servprosb.com . Make sure your community has their 24/7 emergency phone number handy at all times (321) 777-5131.

Pet Drive - Save a Life!

This is the time of the year that we accept additional pet donations for the abandoned and sick pets of Central Florida. In speaking with the various rescues, their dire need is money for medical expenses of the pets that they take in. Private rescues that are not part of the County incur large medical bills for every pet that they take in. These expenses usually include: Updating the pet with their vaccinations;  Vet exam; Spaying/neutering  Dental work Depending on the pet, there may be (and usually is) additional expenses such as removal of tumors, surgeries to correct IVDD, cherry eye, amputation, or numerous other procedures. In the past, we have only taken in donations of food, treats, old towels, blankets, and other items either at our seminars which usually end in June. Then in the months of July and August, we have wonderful people such as you who drop their donations off to our Maitland office. Starting July 1, we are asking for cash donations for these rescues medical expenses which can be astronomical depending on the pet’s needs. Here's how: 1.     Write a check to one of the rescues listed below and we will forward it to that rescue. Most of these rescues offer pets statewide. At the end of each month, we will forward your donation to that rescue and request that they reach out to you to thank you for your generosity. The rescues that we are contributing to this year are:  Dachshunds Seeking Forever Homes Rescue Pittie Party of Central Florida Candy’s Cats Abby’s Animal Rescue DARE (Dachshunds Adoption Rescue Education) Poodle and Pooch Rescue Endless Pawsibilities Animal Rescue The London Sanctuary Labrador Retriever Rescue of Florida Poochies Pet Rescue New Beginning Pet Rescue Sunshine Corgi Rescue

Every year starting in the spring, hundreds and hundreds of pets are turned into shelters and/or rescues because owners don’t have time for them, are moving, taking a vacation, can’t afford the pet, are having a baby, or just do not want the pet anymore – many times it is a senior pet that is turned in which may be very difficult to adopt out.  Please consider fostering either from your local shelter or a private rescue. Depending upon the shelter or the rescue, all you provide is love, a warm bed in a safe residence, and food. In some cases, the rescue or shelter also provides the food. For all of the rescues and shelters, they provide veterinary care. Many seniors volunteer to foster when they can’t have a pet due to veterinary costs. It is a great way to have a pet without the major expense. If you are interested fostering for a rescue or shelter, please contact our Director of Public Relations who will put you in touch with the right people to start your life as a beloved foster parent. Help save a life by fostering. Definitely save a life by adopting. You will be rewarded with love and devotion and the knowledge you made a difference in a pet’s life.

Pet Corner Poodle and Pooch Rescue

Poodle and Pooch Rescue is a non-profit organization that helps dogs in need. They rescue animals from animal control, dogs surrendered because they're older, in medical need, neglected or just unwanted. Poodle and Pooch Rescue provides veterinary care if the dogs need it and places the pooch with a foster family until they can find a permanent home. The organization has saved over 3,800 dogs since 2008. Poodle and Pooch Rescue relies on volunteers to foster the pups and donations to help pay for all the veterinary needs for the pups.

Meet "Smuckers"

Smuckers is a 10 year old male, Mellow Maltese blend. Low maintenance dog. Needs someone home more often than not – no condos or apartments as he’s vocal when you leave. On two medications for life. Smuckers enjoys the simple things in life. He’d be a great companion for an older/retired person or couple. He needs an adopter that will be diligent with giving him his daily medications. He’s fully housebroken. If this sweet, laid back boy sounds like someone you’d like to open your home to, what are you waiting for? Fill out an adoption application and let’s see if there’s a match. Smuckers is heart-worm negative, neutered, vaccinated, micro-chipped, and ready for his forever home. His adoption donation is $225.

To find our more information visit http://www.PPRFL.org , or E-mail: info@poodleandpoochrescue.org

Did You Know Submitting Legal Work is Easy Peasey?

Did you know that as a client, you can submit work to us via different medias? Of course, you can always send your work to the attorney or paralegal that you are working with or you can forward it to our Coordinator of Client Services, David Batan.  But did you know that you can also submit work through our web-site? We try to make everything easy peasey for you!  So, if you are a client and you want to:  Submit a collection matters, please click here.  Submit a covenant enforcement matter, please click here Any other work, please contact our Coordinator of Client Services, David Batan ( dbatan@clayton-mcculloh.com ) or the attorney and/or paralegal you are working with.  If you are not a client, please contact our Director of

Public Relations, Arlene Ring ( aring@clayton-mcculloh.com ), as the above methods are unavailable to non-clients. By submitting to Arlene, we can prepare an estimate for you.  Whatever you need, Clayton & McCulloh is here to make your life as a Board Member and/or Manager easier. After all, we are the firm that “ Embraces Community .”

Flat Rate Service Architectural Control (ARC) Template

The Architectural Control Template (the “ARC template”) delineates numerous provisions which your Association can consider adopting as part of its covenants. The clarity of the ARC Template will greatly assist the Association with the regulation of the appearance of Lots and the improvements thereon. The ARC Template is usually an excellent starting point for the Association that wants to modify and enhance the clarity and enforceability of the architectural criteria. Clayton & McCulloh has drafted the ARC template to assist our clients in curtailing the costs associated with substantially revising an Association’s architectural control provisions. For more information about the issues/topics specifically addressed in the ARC Template, please contact us. If you are a client and would like more information, please contact our Coordinator of Client Services, David Batan ( dbatan@clayton-mcculloh.com ). If you are not a client and would like more information, please contact our Director of Public Relations, Arlene Ring ( aring@clayton-mcculloh.com ).

Most Awesome Mugs Get Yours Now! Limited Amount Available!

Do you know an outstanding Board Member who is just doing an awesome job? A great way to show the Most Awesome Board Member they're doing a great job is to give them a "Most Awesome Mug." The Most Awesome Mug is a beautiful gold metallic ceramic mug that will warm your Awesome Board Member's heart and keep their hot beverage hot. The Most Awesome mug is available for purchase at our seminars or pick up at our office, or attorney meeting for $7.00 (tax included). If you would like the mug shipped to you, the cost is $15.75 (tax included). If you would like to buy a mug for your Most Awesome Board Member (or just for yourself because you are feeling awesome) please click the link below:

Order Now

July Birthdays July 1 st - Amanda Herx, First Service Residential July 5 th – Mary Schlumberger, Schlumberger Accounting Services July 3 rd - Teresa Brantley, 4139 Management July 6 th - Arlette Tejeda - Sentry Management July 10 th - Paul Torola, Formosa Gardens Residential Community Association July 12 th - Christy Pollock, Sentry Management July 15 th - Joe Gerich, Overlook at Parkside at Errol Estates Condo Association July 16 th - Patricia Ferris, Evergreen Lifestyles Management July 16 th - Dennis Ramsey, Highland Lake Association July 18 th - Bruce Schmidt, Townes of Southgate Condo Association Early August Birthdays August 1 st - Michael Fish, The Milan Condominium Association August 3 rd - Ramona Leccese, Sentry Management August 4 th - Philip Adamo, Bay View Reserve COA                                            August 8 th - Paula Butler, Sentry Management

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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

Melbourne Office: Suntree/Viera Baytree Corporate Park 1301 Bedford Drive, Suite 102 Melbourne, FL 32940 Phone: (321) 751-3449 Fax: (321) 751-3450

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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 former member of BCAM and 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 or statement please include your full name  a nd the legal name of your Association or Management Company (no acronyms, please, unless your legal name on the Article of Incorporation lists an acronym.)