The January Issue Includes:
Importance of Timely, Consistently & Uniformly
Enforce Our Documents
- Lake Howard Middle School Christmas
- Update Board Member Information
- Red Carpet Premiers Coming Your Way
- Who's The Most Awesome In Your Association?
- The Florida Statute Organization Service
- The Most Awesome Mug Now
- Want to be Featured on our Web-Site?
- Quote Of The Month
- February Birthdays
, Consistently & Uniformly
Enforce Our Documents
As most of our clients realize, we repeatedly preach the need for our Association Clients, their Boards, and Management to maintain, preserve and, if possible, enhance their credibility. In fact, we believe such course of action is critical for the well-being of most communities. Unfortunately, when an Association, its Board, and Management fail to timely, uniformly, and consistently enforce the governing documents, their credibility can and usually will be severely undermined. Moreover, an Association's failure to timely, uniformly, and consistently enforce its governing documents may likewise undermine its claims. In fact, such lack of enforcement may generate significant defenses should the Association end up in arbitration, mediation, and/or litigation with respect to a covenant enforcement as well as other matters.
While this Article will not delve into all the defenses which may be asserted against an Association in a covenant enforcement case, it will briefly address three of them. As you read the following layman's explanations of the defenses, please appreciate how timely, uniformly and consistently enforcing the Association's governing documents will protect the Association and undermine each of the defenses.
- Laches Defense - simply means if an Association waits too long to proceed with a claim, its claim may become unenforceable. Stated differently, by virtue of the passage of too much time, an Association's claim can become stale (i.e., the Association's claim can be barred and/or of no further effect). [Note, "timely enforcement" helps protect the Association from this defense.
- Selective Enforcement - simply means an Association should not be able to treat its owners, occupants, etc., differently. Of course, if an Association permits Mr. Smith to do something, it should likewise have to permit Mr. Jones to do it. (Note, uniform and consistent enforcement helps to undermine this defense.)
- Waiver - is a relinquishment of a right. As such, if the Association authorizes an owner to do something, the Association should not later be able to cite the owner for the violation. Of course, proper, timely and uniform enforcement would help to undermine this defense.
Given the above, timely, uniform, and consistent enforcement of the Association's governing documents, as well as timely, uniform, and consistent treatment of your owners, tenants, and occupants can go a long way to bolstering an Association's, its Board's and its Management's credibility. Moreover, such course of action likewise helps to preserve an Association's right(s), power(s), and authority, including its enforcement right.
Unfortunately, many Associations have failed to timely, uniformly, and consistently enforce their governing documents. As such, what can an Association do if it has failed to timely, uniformly, and consistently enforce its documents? We will address this topic in a later Article.
|Lake Howard Middle School Christmas Drive
Just before the 2018 Christmas holiday, Clayton & McCulloh spent time playing Santa to a truly amazing class of children in need at Howard Middle School in downtown Orlando. We have sponsored a class at Howard Middle School every year for the past few years. Over the course of 2018, our Clayton & McCulloh community gathered cash donations, toys, basic hygiene products, grocery store gift cards, general school supplies and some candy to help these kids get through the holidays.
We are so honored to be a part of these families' lives. This endeavor is just one of the ways Clayton & McCulloh "Embrace Community."
Update Board Member Information
So, you've just elected a new board and officers have been assigned. Everyone who's new or lapsed has been certified. You're ready to start the New Year off and get to work. There's just one more thing you should do first - make sure your legal representatives know who are the new contacts and Board members. As your law firm, we need to know who has been authorized to speak for the Board and assign billable work. We recommend limiting contacts to two Board members (or one, if also professionally managed) so that budgets stay on course and there is no diffusion of work projects and goals. This is one reason we need to be kept up to date on not only who is authorized to speak for the Board, but also be supplied with the means to contact.
But it's not just the designated contacts. It's also important to know everyone on the Board to ensure there are no potential conflicts of interest. And while other members may not be able to assign work directly, they are of course welcome to contact complimentary departments such as Client Services; therefore, the Administrative staff still needs to know who is on the Board. We also want to be sure they are included in all of our notices for upcoming complimentary seminars and receive our monthly courtesy newsletters as well as legal updates. Kindly help us keep you informed by updating your board member and contact information changes with Client Services.
"But we already pay for a manager for this sort of stuff." We understand that many Board Members have full-time jobs, are raising families, and lead otherwise busy lives with only so much time to volunteer to daily running of the Association. It is still in your Association's best interest to keep your legal representatives up-to-date even if the primary (or sole) communication contact is your manager. You will want to know who to contact if and when there is a management change, or if there is an issue with the firm. You and the Board may want to consult your established attorney directly. Clayton & McCulloh represents the Association via the elected Board, and we will need to know who you are so we can help if asked. Of course, if you prefer not to receive communication you can always simply let us know at any time to remove you from contact lists.
We also try to make the updating process as simple as possible. The month following your annual meeting (as we show it to be in our records), Client Services will email the designated contacts a brief summary of all the contact data listed in your Association's file. Then you and/or your Manager can update the email directly and return it to Client Services, or reply that nothing has changed since the last election. You are also welcome to call Client Services with this information, or complete a Board Member update form on our website at this
All private contact information is kept safe at the Firm and never shared with third parties.
Once we have a current list of the Directors, we too can be ready to help you start your new term as newly elected Board members working our goals for the year.
Walk the Red Carpet
Come Join our Red Carpet Premiere for HOA & COA/Co-Op Board Certification and feel like a star as you walk down our red carpet. Dress like the star you are. After you walk down the red carpet you will meet our cast of Attorneys, Director of Public Relations, and Staff. We hope you come and join our upcoming premiers
The Magnificent Board Members: The 2019 Board Certification Class
The Magnificent Board Members: HOA & COA/Co-Op Board Certification
Date: Saturday, February 9
Hosted by Clayton & McCulloh.
Featuring Leading Male Ken Clayton and Leading Male Brian Hess
Location: Royal Highlands Great Hall, 5350 Monarch Blvd., Leesburg, FL 34748
The Premiere Begins at 9:00 a.m.
The Magnificent Board Members: COA/Co-Op Board Certification Class
Date: Thursday, February 21-
Hosted by Clayton & McCulloh.
Featuring Leading Male Brain Hess
Location: Clayton & McCulloh Maitland Office, 1065 Maitland Center Commons Blvd.
The Premiere Begins at 6:30 p.m.
The Magnificent Board Members: COA/Co-Op Board Certification & HOA Board Certification
Date: Saturday, March 30 - Hosted by Clayton & McCulloh
Featuring Leading Male Ken Clayton & Leading Male Brian Hess
Location: Oasis Palm Shores, 2950 Pineda Plaza Way, Palm Shores, FL 32940.
The Never Ending Collections Story
Follow the Never Ending Collection Story with its journey of learning the nuances of collecting assessments. No Association can withstand their owners not paying their assessments. Without income, the Association simply ceases to exist. Our Senior Collections Attorney will take you on you personal journey from prologue to the final chapter.
Date: Thursday, February 28
Hosted by Clayton & McCulloh
Featuring Leading Male Alan Schwartzseid
Location: C&M Melbourne Office: Suntree/Viera, 1301 Bedford Drive, Suite 102, Melbourne, FL 32940.
The Premiere Begins at 6:30 p.m.
Sign up now as space is limited!
Did a member of our firm go over and beyond the call of duty for you? Did we get great results for your Association? Did you enjoy our seminars? Was someone particularly helpful to you? Has one of our Valued Partner Vendors, did we exceed your expectations?
We strive to do that every day and the firm likes to know when we exceed your expectations. We in turn like to recognize the team member who exceeded those expectations or secured desired case results. If you found that one of us fell into that category, would you please complete the form below? The member who is recognized will receive a set of your comments in an internal email to be placed in their personnel file. Additionally, with your authorization, your comments will be published in our newsletter, website, and Facebook page. Thank you for your consideration.
If you would like to give Kudos to someone at our firm please
We want to hear from you.
Who's The Most Awesome In Your Association?
Board Members and Managers often work tirelessly with very little appreciation, but you have an opportunity to change that! Nominate your favorite Board Member or Manager who has gone above and beyond the call of duty for your Association. The 1st Quarter "Most Awesome" nomination deadline is Friday, January 25, 2018.
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
so we know why your nominee is the Most Awesome!
Clients and Non-Clients
Get Yours Now! Limited Amount Available!
The Florida Statute Organization Service
This newly improved service place for all the Florida Statutes you need for your Community Association in a green beautiful leather-like, gold leaf embossed three ring binder. The service binder features all the pages in plastic sheet protectors and indexed with numerous "how to" articles included as a bonus. Our newly improved binder is larger than our previous binder to accommodate any of your Associations Governing Documents.
There are four books:
Homeowners Association (Chapter 720)
Condominium Association (Chapter 718)
Mobile Home Park (Chapter 723)
Cooperatives (Chapter 719
For 2019. We have upgraded to a larger binder to provide you more room to turn pages add your Association's Governing Documents.
These articles include the following topics:
Amending Governing Documents
Fiduciary Duty of Board Members
How to be a Director
Marketable Record Title Act
Complimentary annual updates to the books will be provided electronically by request on the 15th of September and January of each year. The cost of each book is $69.23 or $96.23 (includes tax). Order yours today through our website using the button below
Most Awesome Mug Now Available!
Do you have a Most Awesome Board Member? Do you know of a Most Awesome Board Member? You will need this
Most Awesome Mug. This beautiful gold metallic mug is a great way to show your board member how awesome they are. The mug is a great award that shines like the shining star the Most Awesome Board Member. just to feel awesome it is available for purchase. The Most Awesome Mug cost $7.00. To find out how you can purchase your Most Awesome Mug contact our Public Relations Department.
Want to be featured on our Web-Site?
Would you like your non-profit organization featured on our web-site? Did you know we have a page that is devoted to non-profit organizations with their meeting dates, times, and locations? We do! On our
, we list the non-profit organizations that are designed to service the needs of community associations. If we have inadvertently left yours off and you would like to add it, then please complete this
. Please allow up to two weeks to add your organization to our web-site.
Join Us In Celebrating These Birthdays!
February 3 - Jack Bradford, Anchor Village Townhomes & Villas Homeowners Association
February 3 - Renae Foster, TCB Property Management, Inc.
February 3 - Robert Krauss, Port Royal Condominiums Association, Inc.
February 5 - Debby Bechtol, Park Ridge on Lake Minneola Homeowners Association, Inc.
February 5 - Toni Philpott, Heathrow Lakes Maintenance Association, Inc.
February 8 - Wayne Wilcox, Woodlake of Port Orange Homeowners Association, Inc.
February 18 - Tom Rivelli, Baywood Condominium Association, Inc.
February 18 - Catherine Wilkerson, Vista Community Association Management
February 19 - Nancy Zaapa, Thatcher's Landing Condominium No. 6 Association, Inc.
February 22 - Thomas Wolf, Reliable Association Management Inc.
February 24- Jose Badillo, Colonial Arms Condominiu, Association, Inc.
February 24 - Tom May, Formosa Gardens Residential Association, Inc.
February 24 - James McNicholas, The Woodhaven Condominium at Palm Coast, Inc.
February 26 - Tom Dillon, Fair/Way Management of Brevard, LLC
February 27 - Joseph Smith, St. Augustine Shores Service Corporation
February 28 - Dawn Warren, Springwood Village Condominium Association of Longwood
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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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