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The March Issue Includes:
- "Yeah, I Dry My Laundry The Old Fashioned Way..."
- Upcoming Seminars/Events/Meetings
- Covenant Enforcement Packages
-
Who's The Most Awesome In Your Association?
- Announcing The 1st Quarter Most Awesome Manager!
- Keeping Your Association Active
- Did You Know?
- Quote Of The Month
- March Birthdays
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"Yeah, I Dry My Laundry The Old Fashioned Way . . ."
By: Attorney, Anthony Fouladi
I read recently about a resident in an upscale HOA community who spent her summer vacation in Maine.
While there, the resident became accustomed to putting her clothes out to dry on a clothesline, per local custom. The resident assumed, however, that upon returning to her Florida HOA community, she would be prohibited from utilizing a clothesline due to restrictions in her HOA's declaration.
The resident soon discovered that she couldn't have been more wrong.
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Upcoming Seminars/Events/Meetings
Our upcoming seminars and events are listed below.
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Check out our website for information on specific classes by clicking
here.
Tuesday, March 28
- Hosted by Clayton & McCulloh
Maitland Office. Registration at 6:00 p.m. Partner, Brian Hess, will be presenting a "COA Board Certification Class." A complimentary class with appetizers including a complimentary glass of wine. For more information click
here.
Wednesday, March 29 -
Presenting an HOA, Condo, and Co-Op Board Certification Class
Clayton & McCulloh Attorneys will be presenting a complimentary HOA, COA, and Co-Op Board Certification class hosted by Sentry Management at their Longwood Office. This class is at capacity. To be placed on the waiting list please contact Deborah Myers at (407) 788-6700 ext 51106
Thursday, March 30 - Hosted by Clayton & McCulloh
Melbourne Office. Registration at 6:00 p.m. Partner, Joe Stayanoff, will be presenting an "HOA Board Certification Class." A complimentary class with appetizers including a complimentary glass of wine. For more information click
here.
Thursday, April 6 - Hosted by Clayton & McCulloh
Melbourne Office. Registration begins at 6:30 p.m. Director of Public Relations, Arlene Ring, and Clayton & McCulloh Partner, Brian Hess, will be presenting "Building Community: Getting Residents Involved." A complimentary class with appetizers including a complimentary glass of wine. For more information click
here.
Monday, April 10
- Speaking at AACONA - Apopka Area Community of Neighborhood Associations
UCF Apopka Business Incubator. Begins at 6:30 p.m. Director of Public Relations Arlene Ring will be speaking on the topic "What an Association Law Firm can do for You!"
For more information contact the Public Relations Department.
Thursday, April 13 - Speaking at BCAM - Brevard Community Association Management Round Table
Hilton Rialto 200 Rialto Pl, Melbourne, FL 32901. Registration begins at 5:30 p.m. BCAM will be presenting "Truth in Water!" by Julian Stern of the Lake Doctors. Roundtable discussion on covenant enforcement with a Clayton & McCulloh Attorney begins at 7:55 p.m. BCAM dinner meetings feature a full dinner buffet and cash bar. For more information or to register click
here.
Tuesday, April 18 - Presenting an HOA, Condo, and Co-Op Board Certification Class
The Country Club of Mount Dora. 1400 Country Club Blvd., Mount Dora, FL. 32757.
Registration for this event begins at 4:30 p.m. Clayton & McCulloh Attorneys will be presenting a complimentary HOA, COA, and Co-Op Board Certification class hosted by Sentry Management. This event features light dinner items and refreshments. For more information and to register click
here.
Thursday, April 20 - Hosted by Clayton & McCulloh
Maitland Office. Registration begins at 6:30 p.m. Director of Public Relations, Arlene Ring, and Clayton & McCulloh Partner, Brian Hess, will be presenting "Building Community: Getting Residents Involved." A complimentary class with appetizers including a complimentary glass of wine. For more information click
here.
Tuesday, May 9 - Hosted by Clayton & McCulloh
Maitland Office. Registration begins at 11:30 a.m. Founding Partner, Neal McCulloh, will be presenting "Snooze? You Lose!" A complimentary class including a fully catered lunch from TooJay's.
For more information click
here.
Thursday, May 18 - Hosted by Clayton & McCulloh
Melbourne Office. Registration begins at 11:30 a.m. Founding Partner, Neal McCulloh, will be presenting "Snooze? You Lose!" A complimentary class including a boxed lunch.
For more information click
here.
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Covenant Enforcement Packages
Does your Association have an owner who refuses to comply with the covenants and restrictions set forth in your Governing Documents? Then one of our Covenant Enforcement fixed fee packages may be the answer to your problem. For example, your community may have an owner that paints his or her front door a color that is not permitted by your Association, or perhaps an owner moves a tenant into his property without obtaining the prior Association approval required by your Association Governing Documents. Whatever the case, most Associations will eventually encounter an owner who refuses to abide by the rules of their community. To deal with those violators, we offer two fixed fee services: the "Pounder" and the "Mini-Pounder."
The Mini-Pounder Covenant Enforcement Letter Package
Our Mini-Pounder, Covenant Enforcement Letter is a less aggressive and less expensive approach to advise an owner that they are violating the community's covenants and restrictions. This demand letter is similar to the type of demand letter that many other law firms seem to be offering. We are proud to offer our Mini-Pounderfor a fixed fee, plus costs. Any fees for the time associated with the initial intake of one of these matters are additional. If a compliance letter is also needed to be sent to a tenant, then there will be an additional fixed fee for the second letter.
In either event, if the owner or tenant refuse to comply with the Association's rules or covenants after the Mini-Pounder letter is sent, then the Association has the option to continue with enforcement of its legal remedies, including proceeding with statutorily required mediation/arbitration, followed by a lawsuit, typically seeking an injunction. If the Association has selected the Pounder demand letter, we also feature a flat fee to draft the Complaint following an unsuccessful attempt at mediation/arbitration.
The Pounder Covenant Enforcement Letter Package
When an Association prefers to take a more serious approach to bring enforcement of the community's covenants and restrictions, a "Pounder" letter is our recommendation. The Pounder is an aggressive, detailed
, demand letter sent to the owner (and tenant, if applicable) outlining the violations. The Pounder is aptly named because the letter literally weighs approximately one (1) pound to mail. The fixed fee for the Pounder Package includes any fees associated with the initial intake of the covenant enforcement matter, copy charges, and postage. Additionally, we will send a "risk letter" to the Association explaining the risks involved in pursuing the covenant enforcement matter. The "risk letter" is part of the Pounder Package. If an additional letter is required due to a tenant being involved, a separate letter will be addressed to the tenant at an additional fee. This letter to the tenant is usually sent at the same time we mail the letter to the owner.
For more information please contact
our Director of Public Relations, Arlene Ring, at
(407) 875-2655 x129.
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Who's The Most Awesome In Your Association?
We are currently accepting nominations for the 2nd Quarter Most Awesome Board Member and Manager. We know there are a lot of very deserving Managers and Board Members out there that need more recognition. The winner will receive a framed certificate marking their achievement, and a $25 Visa gift card! The 2nd Quarter Most Awesome Award deadline is April 6, 2017.
Use the buttons bellow 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 make sure we know why your nominee is the Most Awesome!
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Announcing The 1st Quarter Most Awesome Manager!
With the first round of nominations of 2017 submitted we were finally able to select our 1st Quarter Most Awesome Manager. The decision of who is most deserving of this honor gets harder with every new batch of nominations. Keep in mind that if your Nominee was not selected they are not out of the running. Be sure to re-submit the Most Awesome Managers and Board Members that you know to ensure that they receive the recognition they deserve.
Presenting the 1st Quarter 2017 Most Awesome Manager:
Barbara Sholz of Sentry Management's Tavares Office
Charlie Ann Aldridge of Sentry Management nominated Barbara "Barb" Scholz praising her expertise as a Community Association Manager. Barbara has a unique ability to unite the communities she manages and due to her hard dedication, increase the property values of the Associations she works with. Over the last year, we have received numerous nominations for Barb that truly reaffirmed her many talents and exceptional performance as a licensed a Community Association Manager. Congratulations, Barb! You are truly the "Most Awesome Manager!"
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Keeping Your Association Active
After you file your 2017 Corporate Report, do you periodically check it again before May 1 of 2018? Clayton & McCulloh encourages all Associations to review their status with Florida Department of State periodically, at least once a year. In particular, we recommend you look at two things specifically: your registered agent and whether your Association is active or inactive.
Under Florida law, every corporation, including your Association, must have a registered agent. This person is designated by law as the recipient of service of process on behalf of the corporation. If your Association is sued, the plaintiff can serve the complaint on the Association by serving the registered agent.
Therefore, knowing your registered agent's identity is very important. Be sure you can rely on this person to notify your Association timely in the event the registered agent is served with a complaint. The Association generally has twenty (20) days from the date of service on the registered agent to respond to the complaint. Considering the complaint must pass from the registered agent, to the Association, possibly to an insurance carrier, and ultimately to your lawyer, the twenty (20) days can transpire very quickly. The registered agent should waste no time in transmitting a complaint to the Association
Generally, a registered agent should have a business location to receive service during normal working hours. The registered agent should not be a homeowner using a residential address, as generally homeowners are not available during normal business hours at their homes to receive service of process.
Most community association managers will serve as an Association's registered agent. There are some companies that do nothing but act as registered agents for corporations. Associations have several options for selecting their registered agent. The important thing is to know who your registered agent is and to be sure you can rely on that registered agent to give you timely notice of complaints filed against the Association.
The second major issue which an Association should periodically review with the Florida Department of State is whether the official corporate status of your Association is active or inactive. If your Association is active, that's great! Keep it that way! To remain active, your Association must pay the $61.25 annual fee to the Florida Department of State every year by May 1 and sign and submit the annual report. The annual report provides the Department of State with an annual update of the Association's current officers and directors. It also is a means by which the Association can change its registered agent. The registered agent can be changed at other times of the year as well by using a different form, however, there is a separate fee charged by the state. At this time, the fee is $400.00.
If your Association is inactive, then in all likelihood it has been administratively dissolved by the state of Florida for failure to file the annual report and pay the annual fee. This inactive status presents a problem for the Association and needs to be corrected promptly.
There are several consequences that result from the Association being administratively dissolved. First, the directors of the Association can be held personally liable for the acts of the Association as long as the corporation remains dissolved. That liability can disappear upon the Association being reinstated. The reinstatement of the Association is deemed to relate back to the time the Association was dissolved, thereby eliminating any personal liability of the directors. However, having any such exposure for your directors definitely is not desirable. It is sort of like taking all of your clothes off in public with the idea that you can put them back on later. Most people generally would prefer not to be naked even for a short time.
In addition, a dissolved corporation is unable to sue or defend itself in court until it is reinstated. This means that until the Association is reinstated, it cannot carry out its fiduciary obligations to its members to enforce its documents to sue for unpaid assessments or to enforce its covenants.
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An even more vexatious problem that can result from an Association's dissolution is the matter of the corporate name. If the Association is administratively dissolved for over a year, another party can come along and take the Association's name as its own. This situation could result in the Association having to amend its documents to change its name throughout the documents in order to be able to enforce them. We are even aware of a homeowner who set up his own corporation in the name of an Association that had been dissolved for over a year, and then tried to preclude the Association from collecting assessments against him. These are problems which the Association does not need and which can easily be prevented by not allowing the Association to be dissolved in the first place.
If your Association is not currently active, it is important for it to be reinstated to its active corporate status as soon as possible. Reinstatement is accomplished by filing the appropriate form with the Florida Department of State. The State will charge the Association a $400.00 reinstatement fee together with all of the delinquent back annual fees since the year of dissolution. For example, if your Association was dissolved in 2013, you would have to pay four annual fees of $61.25 each for 2013, 2014, 2015, and 2016 plus a reinstatement fee. Remember, however, the annual fee has not always been $61.25, so you need to call the Department to verify the reinstatement amount before submitting the form and fee.
Maintaining your Association in good standing is an important housekeeping chore for your Association. It is a simple and inexpensive matter to file the annual report and pay the annual fee on time every year. Failure to do so can result in significant problems for the Association which are best avoided. Now would be a good time to access the website or call the State to ensure that your Association will not be "dissolved." Check it out! Have you been dissolved?
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Did You Know?
To keep your corporation in good standing with the state your Corporate Report is d
ue May 1
st
including your filing fee of $61.25.
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Join Us In Celebrating These March Birthdays!
Jose Riestra - Manager, World of Homes - March 3
Gregory Burgey - Manager, Keys Property Management - March 7
David Thierer- Public Relations Representative, Clayton - McCulloh - March 15
Christina Massa - Public Relations Assistant, Clayton & McCulloh - March 17
Marie Thibodeaux - Manager, Bayside Management Services and Consulting- March 23
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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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