Welcome To The May  Edition Of "The Green Marble" Newsletter
The May Issue Includes:

-  Coming Attractions
-  How to Handle Lenders' Foreclosure Delays
-  Four Basic Steps for Replacing a Leaky Toilet
-  C&M Celebrates Staff Appreciation Day
-  Executive Producer Highlight 
-  Pet Corner - Heidi's Legacy Dog Rescue
-  Kudos
-   Most Awesome Mug
-  Quote of the Month
-  June Birthdays

Having Trouble with Covenant Enforcement?
The Board Members Guide to Enforcement

Is your Association having difficulties in getting your residents to comply with your rules?  Are they making modifications to their property, such as fences, paint color, or patio/balcony alterations without authorization?  Or perhaps they have pets when they shouldn't, oversized pets, not cleaning up after their pets when walking them, or playing loud music?
In this day and time, it is very rare for an Association not to have violators, and these violations can possibly lower your property values. Would you like to find solutions for residents who violate your rules?  If so, register for our complimentary, one hour "The Board Members' Guide to Enforcement" seminars in Orlando and Melbourne. The charismatic and animated speaker, our Senior and Founding Partner, Neal McCulloh, is the featured speaker with Attorney  Alan Schwartzseid joining him. Through the years, this is one of most requested topics by Board Members such as yourself.
Bring your entire Board and your neighboring communities' Board of Directors. We will have refreshments, door prizes, and some of our Business Partners will be there to assist you with all your questions. These are the only two covenant enforcement seminars this year!

Tuesday, May 7th - Orlando - For more information on this seminar or to register for the seminar, please click here.   Backcourt Room, RDV Sportsplex, 8701 Maitland Summit Blvd., Orlando
Thursday, May 16th - Viera - For more information on this seminar or to register for the seminar, please click here.
Cocoa Beach Chamber of Commerce at the Shoppes of Viera, 2261 Town Center Avenue, Suite 103, Melbourne.

Times for both classes:
Registration begins at 6:00 p.m.
Program: 6:30 p.m. - 7:30 p.m.

C'mon out and discover what you can and cannot do to bring your residents into compliance.

Register Now to Claim Your Seat at the
Joint Board Certification Class!

Clayton & McCulloh is presenting the 2019 Joint Board Certification ClassFriday,  May 10th at 10:30 a.m. at the Imperial Lakes Country Club (6 Country Club Lane, Mulberry, Florida).  This event is being hosted by All Coast Realty & Management.  The class is open to the public and is for Board Members of HOAs, Condos, and Co-Operatives.    Please make your reservation here .

The Ten Contract Commandments
Vendor contracts are an everyday occurrence in community association operations.  A contract can either ensure smooth sailing or plunge you into disaster.  So what makes a good contract?  What elements should be included to ensure the desired result?  What should not be included?  Should there be a time frame included in the contract?  Depending upon the contract, what warranties should be in the contract?

Russ Klemm will guide you through The Ten Contract Commandments, that will help you avoid the pitfalls of vendor contracts.

Thursday, May 23rdMaitland Office - For more information on this seminar or to register for this seminar, please click here.  The Clayton & McCulloh Building, 1065 Maitland Center Commons Blvd., Maitland, FL 32751.

Registration begins at 6:00 p.m.
Program: 6:30 p.m. - 7:30 p.m.

How to Handle Lenders' Foreclosure Delays

A lender's foreclosure action can create challenges for community associations seeking to collect past-due charges.  Because a first mortgage lender can generally eliminate the association's lien and/or ownership, as well as certain pre-title charges, some associations cease collection when a lender files a foreclosure action.  Such measures impress upon owners that there are no consequences to overdue charges, and increase the financial burden on paying owners.  It also eliminates the opportunity to be paid.
We recommend that counsel answer and monitor any lender's foreclosure action in the community.  Answering provides weight to the association's arguments (effectively, but not legally) when it seeks to advance the lender's case.  In receiving case filings, the association can also avoid waiting to collect, unaware that the lender has foreclosed.  The risks of such a lack of knowledge also include accounting issues and ineffectiveness of legal notices (sent to the wrong owner now that the lender has foreclosed).  Monitoring a case also means the association knows when the case stalls, and can take action to advance it, presuming the association was named as a party (if the lender did not name the association, the purchaser at the lender's foreclosure sale owes all past-due charges, but the association may not participate in the case unless it first "intervenes").
As a party to the lender's case, an association's counsel may attend every hearing and present the association's position.  Likewise, at any stage in the lender's case, the association can schedule a "case management conference," requesting that the judge force the lender forward.  Florida law also provides for a streamlined process for seeking an "order to show cause" why a foreclosure judgment should not be entered and a sale set, in specific circumstances, which expedites the completion of the case. If all parties have answered or been defaulted, the association can notify the court that the case is ready for trial (resulting in a trial order shortly after), or file a motion stating that based on all pleadings filed in the case, the lender is entitled to its judgment.  Finally, if the lender obtained a judgment but the foreclosure sale was canceled, the Association can simply reset it.
If the association desires that rather than foreclosing, the lender's case should be dismissed (i.e., where the association has taken title and is renting the property, or where the owner is paying over an extended payment plan), the association can take actions requiring the lender to "prove up" its ability to foreclose through discovery requests directed at the lender's entitlement to foreclose, filing opposition to the lender's legally or factually insufficient/improper pleadings, and attending hearings to contest the lender's arguments.  If the lender's delay has lasted at least 10 months, the association can also move to dismiss the case for lack of prosecution.

Four Basic Steps for Replacing a Leaky Toilet
By Andrea McCarthy, Marketing Representative of SERVPro

Your toilet was built to last a long time, but it cannot last forever. Over time, the fixture may begin to work less efficiently and can break or develop cracks.  If you have decided that it is time to replace the leaking toilet in your home, here are some basic steps to help you get the job done.

1. Disconnect the Supply Line

Before you begin any work on the toilet, you need to make sure that it is no longer connected to the water supply line.  Drain as much water from the toilet as you can and dry the rest with a sponge or towel.  This will prevent any messes during the removal.

2. Remove the Old Toilet

Once the leaking toilet has been dried, you can begin the process of removing it. You should unscrew any bolts that are securing it to the floor and then move the fixture back and forth gently to break the wax seal before moving the commode to another area.

3. Prepare the Area

After the old toilet has been removed, you will need to clean up the area before you can install the new one. You should scrape off any wax that remains on the gasket and check that nothing has been damaged during the process.  If everything looks fine, then you can proceed to the next step.

4. Install the Toilet

If the leaking toilet has been removed successfully and there are no damages to the area that need to be repaired, you can begin the installation.  Make sure that the toilet is placed correctly and is parallel to the wall behind it before securely tightening the bolts. Depending on your building code, you may need to seal the base with caulk.

If you don't feel confident replacing your toilet on your own, or if there is already damage in your bathroom, a water damage repair service might be able to help.  They can make any necessary repairs and ensure that everything is installed correctly to prevent the need for future toilet overhauls.

C&M Celebrates Staff Appreciation Day

Senior Partner, Neal McCulloh, addresses the staff of Clayton & McCulloh
(Note: Not all of the staff was captured in this photo)

On Wednesday, April 24th, the partners of  Clayton & McCulloh celebrated our staff's hard work and "can-do" attitude by shutting down the office for a couple of hours and enjoying a luncheon buffet at the Orlando Country Club.  The staff enjoyed a fabulous luncheon buffet and toasted the future with a glass of champagne.  Great conversation, warm camaraderie, and beautiful weather capped out the day.

Executive Producer Highlight

This month, we are highlighting one of our Executive Producers, Orlando Prestige Painting & Restoration, Inc. Orlando Prestige Painting is a commercial painting company that works with associations across Florida.
We asked President Jose Pinto about how his company can assist your association.

How can Associations benefit from your service?
" We are here to help you with any home improvement or renovation projects ranging from interior and exterior painting to paver & flooring installs. "

What is the one thing that people probably won't know about your service?
"We have been in business for over 20 years and do projects of all sizes, including commercial and residential."

From your experience, what advice would you give to an Association?
"Always seek expert advice when starting a renovation project and shop around for multiple options. Quality will ensure optimal results that last."

How can an association save money by using your service?
"We offer competitive pricing and are able to work with you and provide multiple options to meet your budget and needs ."

What sets your company apart from your competition?
"We pride ourselves in quality customer service where communication is key. From walkthroughs throughout the project and picture updates to ensure you are up to speed, we work to ensure that our customers feel comfortable with the work from start to finish. "

If you want to learn more about Orlando Prestige Painting, you can contact
Manny Serrano at 
(407) 820-6220, or at manny@orlandoprestigepainting.com .
Pet Corner -DARE Rescue

Dachshund Adoption Rescue and Education, Inc. (DARE) has made it their mission to increase public awareness of animal cruelty, related issues and helping dachshunds find forever homes in the state of Florida.  DARE rescues abused and abandoned dachshunds and dachshund mixes. DARE provides loving foster homes until the dachshunds are placed into a loving forever home.

Meet Ms. Skeeter
Meet Skeeter, a very inquisitive dachshund/beagle mix.  She's 12 years young, but don't let her age fool you; she's certainly no couch potato.  Skeeter loves hunting for lizards in the backyard & going for walks.  She is a bit of a digger if she gets wind of something that smells enticing and cannot be left outside unattended.

Skeeter gets along well with other dogs & is good around children.  She does not do well around cats, rabbits & other small pets though.  She's 18 pounds of lovable cuteness!  Skeeter has no health issues, is up-to-date on all her vaccines, spayed &  micro-chipped .  She recently had a dental exam and is now ready for her new "furever" home!
Skeeter is being fostered in the Orlando area, but if you are within Florida, help with the transport can be arranged.  If you are interested in making this sweet gal a part of your family please submit an adoption application & put her name on it.  You can email her foster mom at  cgriffith32821@aol.com with any further questions.

If you know that I am your forever dog please fill out an application at:  https://daretorescue.org/adoption-application.html  **Please don't forget to put my name on your application!

If you cannot adopt me but would like to help DARE pay for my care while I am in their care, you can donate online  http://daretorescue.org/donation.html  or send a check or money order made payable to DARE to:

4495-304 Roosevelt Blvd.
PMB 179
Jacksonville, FL 32210
You can also contact us at  info@DAREtoRescue.org
Even if you do not see a dog that matches what you're looking for, you may fill out a no obligation application and we will work to find a match for you. We receive dogs into foster care almost daily, so it is impossible to have every available or soon-to-be-available dog on the website. 

Recently, one of our HOA clients found themselves in a pickle.  They were looking at an eleven year, $31,500+ assessment loss due to the tax deed sale of the property, which essentially wiped out their assessment lien. Instead, they received all unpaid assessments, and thousands of dollars in interest and late fees.  The cost was a mere $1,000 in attorney's fees, which only slightly reduced the interest and late fees recovered, meaning the Association still ended up ahead despite 11 years of nonpayment. This was a huge win resulting in a $54,000+ recovery, without ever having to file suit.

The HOA Manager, Renae Foster of TCB Management was thrilled to receive the check and remarked "We really appreciate your help in making this happen!  We were SHOCKED (editor note:  shocked as in thrilled for the settlement amount) to receive it.  Thanks again, for the hard work you and your team do for us." 

Thanks, Renae!   Your words meant a lot to us. 
Most Awesome Mugs
Get Yours Now! Limited Amount Available!

Do you know an out standing 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 Members heart and keep their hot beverage hot.

The Most Awesome mug is available for purchase at our seminars or pick up 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:
Featured Flat Rate Service - 
Directors Workshop

We are pleased to offer to our clients this two-hour educational and informational workshop for board members to prepare them to assume their roles within the Association.  This workshop is generally conducted by our Director of Public Relations, our Collections Manager, and Coordinator of Client Services. 

This workshop provides practical information on what is expected from a director, an introduction to our Public Relations, Collections, and Client Services Departments, and how those services can assist your Board Members fulfill their roles. Also covered in this workshop is our Case Status Reports, how to organize effective committees, suggestions on how to curb homeowner apathy within your Association, and many other topics.  This workshop does not provide any legal advice. 

This workshop can be hosted at your Association or you can coordinate this event with several other Associations and host it at a convenient clubhouse or other meeting place.  The fee is charged per Association so as many Directors can attend as are available at no additional costs.  This service will be available starting in June of each year.

Quote Of The Month

Join Us In Celebrating These Birthdays!

June Birthdays

June 1st - Gary Vickrey,  Hacienda Del Sol II Association
June 1st - Brett McDowell,  Oceanside Property Management
June 9th - Cynthia Marrs,  Space Coast Property Management of Brevard
June 9th - Rick Howes, The Springs of Suntree Property Owners Association
June 11th - Robert Nicolette, HMS of Brevard
June 12th - Michelle Saunders,  Evergreen Lifestyles Management
June 13th - John Wiegand, The Hampton's Neighborhood Association
June 15th - Patricia Sinclair, Sunglow Resort Condominium Association
June 19th - Jane Fredericks, Thatcher's Landing Condominium No. 11 Association
June 23rd - Johana Mesa, Atlantis Community Association Management
June 27th - Linda Hopkins, Camelot at Mariners' Village Community Association
June 27th - David Salih, Formosa Gardens Residential Community Association

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Orlando Office: Maitland
The Clayton & McCulloh Building
1065 Maitland Center Commons Blvd.
Maitland, FL  32751
Phone: (407) 875-2655
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Melbourne, FL 32940
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