The December Issue Includes: -        -         Vote for Clayton & McCulloh - The Florida Community Association Journal -         What is Mediation? -         We Heard You - The 2020 Mobile Home Park Board Certification Class -         Pet Corner – Winner of C&M’s Annual Pet Drive Donations -         2020 Seminar Dates -         Register Now! -         Castle Group Four Course Dinner - 2020 Joint Board Certification Class -         It’s Showtime! How to hold a successful Annual Meeting -         Do You or Someone Else You Know Deserve a Most Awesome Mug? -         Celebrate!

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Time is Running Out!

We’ve been nominated once again for the Florida Community Association Journal’s Readers’ Choice Awards! This award is presented to service providers that demonstrate through their commitment to the community associations they serve an exemplary level of proficiency, reliability, fairness, and integrity. If you think we are deserving of your vote, we would greatly appreciate it if you would consider casting a vote for us. Simply click on the button, and follow the instructions on the page. Voting is over December 31st. If you REALLY like us (and we hope that you do), you can vote more than once for the little firm that Embraces Community.

What is Mediation? By Alan Schwartzseid ,

Mediation is an informal process wherein a mediator seeks to facilitate negotiation and hopefully, settlement, between adverse parties. The process is governed by Chapter 44 of the Florida Statutes, which require, among other things, that mediator be an impartial non-party to the dispute. To ensure the best chance of settlement, the parties' respective representatives in attendance must also have “full settlement authority” (essentially, authority to present that party’s actual "bottom line” settlement terms).   Another factor which can assist in a successful mediation is that it is a confidential process (with limited exceptions), pursuant to F.S. §§ 44.401-44.406 (the “Mediation Confidentiality and Privilege Act”). The parties can be more candid during mediation, including partially (or even fully) admitting adverse facts for settlement purposes which, if acknowledged outside mediation, could jeopardize or even destroy their case or defense. This mandatory confidentiality is intended to allow parties to “lay it all out on the table,” knowing that there are severe consequences against anyone who tries to use the admission in court.   Mediation may be held before, during, or even after a lawsuit. It may be voluntary ( e.g. , when parties are close to resolving a large dispute but need a “go-between” rather than including biased remarks when communicating counter-offers) or involuntary when required by statute ( e.g. , HOA covenant enforcement disputes, under F.S. § 720.311) or written agreement, or a Court Order. For example, many Florida state court judges require pre-trial mediation, as do most, if not all, Florida small claims courts (in which mediation occurs immediately following the pretrial conference comprising the first post-filing activity in most Small Claims cases). Mediation generally begins with opening remarks of the mediator, then of each party. Depending on the level of animosity between the parties, if any, they may remain in the same room with the mediator for some time, or even throughout the mediation. A skilled mediator can reduce tension, which in turn reduces the risk of "walk-outs" and premature termination of settlement discussions, but no one the author has ever met is capable of avoiding all tension between parties with adverse interests. When such tensions begin to run high, the parties may “caucus.” This is a legal term which really means simply that they are meeting in separate rooms, and the mediator travels back and forth conveying information. The parties may also caucus in order to be able to discuss issues with the mediator that they do not want an adverse party to know; such communications with the mediator are kept confidential unless disclosure to another party is expressly authorized. For example, if John Plaintiffson discloses that he would accept $500 to settle, but wants the mediator to present a counter-offer of $50,000 to Jim Defendantstein, the mediator can only mention the counter-offer, not the bottom-line figure. Some mediators believe that, because they have no decision-making authority (as compared to a judge or arbitrator), they need only ferry offers between the parties. A mediator cannot advocate or show bias, but successful mediators tend to ask questions to help the parties understand the strengths and weaknesses of their respective legal positions, and the best and worst possible outcomes of litigation as compared to a mediated settlement. This is easier for a mediator who understands the subject matter of the dispute (especially in complex, technical, or statutorily driven disputes). For example, the author has found that mediators who understand community association collection and covenant enforcement issues are significantly more successful than those who do not, in “convincing” owners and directors that a settlement is a better alternative than drawn-out litigation. This can also reduce the overall cost of the mediation conference, because less time spent by attorneys explaining the law governing the dispute to the mediator means less time incurred by (and paid to) counsel and the mediator.   Mediation can be adjourned for as long as the parties and mediator (and if applicable, the judge) allow. Parties may need to continue mediation the next day after a grueling day of negotiations, or research new allegations raised for the first time during mediation (perhaps because of the confidentiality afforded). For example, if during a foreclosure mediation, the owner claims payments received by a community association were not credited to the owner’s assessment account, it may be necessary to obtain copies of checks to prove the association received them, or the association may need to review the balance of the community’s ledgers to ensure the alleged payment was not misapplied to another account. Once the mediation is complete, any settlement should be reduced to writing to avoid confusion and/or disputes as to what was actually agreed upon. Alternatively, if a settlement cannot be reached, a party or the mediator can declare an "impasse" (essentially, no settlement), in which case the dispute will ostensibly proceed as appropriate.   In short, mediation is generally the best opportunity for a party to decide its own fate, before placing the decision of who wins, what relief they are entitled to receive, and who is to address that relief, in the hands of an arbitrator, judge, or jury. When an experienced, qualified mediator is involved, the fees incurred can be much lower than those incurred litigating, and settlement tends to occur in a much shorter timeframe.

MHP Board Members! We Heard You!

Mobile Home Park Board Members (Chapter 723) have been clamoring for their own Board Certification Class for the past few years. We heard you and our first seminar of the year is our “ Let the Good Times Roll”: The 2020 Mobile Home Park Board Certification Class ” on Thursday, January 16th in Lakeland (see times below) at Keiser University conveniently located off I-4. This seminar will also feature: A delectable dessert buffet with ice tea and soft drinks for your dining pleasure A 50-50 raffle with half the proceeds going to one lucky winner and the other half to a non-profit organization. Two prestigious vendors Dress in 1950’s attire to match our theme and receive an additional ticket for the door prize drawing Bring a cash donation for a non-profit 501(c) pet rescue’s veterinarian expense and receive an additional ticket for the door prize drawing.

A Certificate of Attendance suitable for framing will be available for each attendee successfully completing the class. The illustrious Russ Klemm , one of our Partners and our Litigation Department Head, will be the featured speaker in this 3 hour program. Russ has been representing mobile home parks’ board of director for over twenty years and has been a frequent speaker for FMO. This January class will be the only live presentation for this class in 2020. It is also being offered as a webinar where you can participate in the Q&A in the comfort of your own home. The seminar times are as follows: Registration:    12:30 p.m. Welcome:       12:50 p.m. Class:            1:00 – 4:00 p.m. Please feel free to bring other Board Members from other Associations. We do request that attendees either be currently sitting on the Board or will be a candidate for the Board within the next year.  Join us for an afternoon of 50’s music, fun, legal information, and so much more! Be there or be square! Who knows? Maybe Elvis will entertain us!  To register for the complimentary live presentation, please select this link . To register for the complimentary webinar presentation, please select this link.

Pet Corner 2019 Pet Drive Donations Awarded to Dog Rescue

This year the winner of numerous pet items and $400 cash was presented by our Founding and Senior Partner, Ken Clayton, to Dachshunds Seeking Forever Homes Rescue and their President and Founder, Tia Bednarczyk. DSFHR was one of our vendors at our Lakeland Embracing Community Gathering Seminar in 2019, where they showcased several of their adoptable dogs.  Tia Bednarczyk President, and Mike Ellington, Co-Founder & Board Member, have a passion for dogs in general, but dachshunds hold a special place in their hearts. They are partners in the rescue and in life... sharing the joys, laughter, and tears that owning, fostering, and re-homing a doxie brings.

“We appreciate the donations so much” Tia explains “because so many of our rescue pups have special needs.” Their mission is to find suitable homes for stray, abandoned, and owner surrendered dachshund and dachshund mixes. Dachshunds Seeking Forever Homes Rescue also provides age appropriate shots, deworming, testing and treating as needed for heart worm, fleas and ticks. They also spay or neuter and provide dental care as needed.

While DSFHR is a small, state wide rescue, they are also registered in Illinois to prove rescue services. Tia and Mike currently work with Hillsborough, Lake, Polk, Orange, and Pasco Counties’ Animal Shelters to take in medical or behavioral “needs” doxies and provide all care and socialization needed to successfully re-home them. While many rescues are very restrictive in approving homes for their pets, Tia has a different attitude. For example, a lot of rescues will not adopt out to apartments or homes without fenced yards. DSFH does adopt out to responsible pet owners in those situations.

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The Seminars are Coming…The Seminars are Coming!

We are so excited to announce our 2020 line-up of 1950’s themed Seminars kicking off with our “Let the Good Times Roll: The 2020 Mobile Home Park Board Certification Class” on January 16 th in Lakeland, and ending with “Rags to Riches: Bankruptcy & Foreclosures for Associations” in Ocala on October 29th! Featuring four Saturday Seminars in Melbourne, Winter Park, Leesburg, and Celebration and twenty-four weekday classes in the following cities; Clermont, Davenport, Gainesville, Lakeland, Maitland, Melbourne, New Smyrna Beach, Ocala, Orlando, Port Orange and Winter Park. Our Saturday Seminars – “ Happy Days: Groovin all Week with You!” are sort of a “how to be a director” class. We hit all the hot topics with a “how to handle it” approach. Save the Dates! Our Embracing Community Gatherings have been scheduled for 2020 and they are going to be the living end! Next year, we will be featuring a 1950’s theme for all of our seminars. Here are the dates and cities our Saturday morning seminars will be held: Saturday, January 25th – Melbourne Saturday, February 22nd – Orlando/Winter Park Saturday, March 14th – Leesburg Saturday, March 28th – Celebration You can get extra chances for the numerous door prizes by dressing in 1950’s attire and/or

bringing a cash donation for one of the pet rescues featured next year. We will be hosting our weekday Community Connect Chats in the following cities; Davenport, Clermont, Lakeland, Maitland, Melbourne, New Smyrna Beach, Ocala, and Port Orange. We are still searching for additional sites in the Four Corners area and Ocala. If you have a clubhouse that we can rent or know of a venue (no hotels or convention centers, please) give us a jingle. You dig Daddy-O? Be there or be square! Save the dates and join us for a morning of 1950’s hit music (you can cut a rug if you want) and a brand new topic that every Board Member and Manager will want to attend.

Register Now for Our 2020 Seminars

First up! “Let the Good Times Roll: The 2020 Mobile Home Park Board Certification Class” is being held on January 16 th in Lakeland at Keiser University. This will be the only presentation of this class in 2020 and is available via a live presentation or webinar. This Community Connect class features our very own, Russ Klemm , as our speaker! If you are a Chapter 723 mobile home park, start the good times of the brand new year with Russ and the Public Relations Staff of C&M. Say you saw it on Facebook when your reservation asks how you heard about the seminar. Can you feel the excitement in the air? We can and we are really jazzed about the coming year for your Association. We want your Association to have a banner year – so if the firm that Embraces Community can assist you in

so if the firm that Embraces Community can assist you in anyway, please call or email us. If you are a client, Can you feel the excitement in the air? We can and we are really jazzed about the coming year for your Association. We want your Association to have a banner year – so if the firm that Embraces Community can assist you in anyway, please call or email us. If you are a client, contact one of our attorneys or our Coordinator of Client Services , David Batan (no charge to speak with him). If you are not a client, please contact our Director of Public Relations , Arlene Ring , for assistance. Consider highlighting products or services, sales or promotions, personal bios, and more. Use images that complement your message, and link your images to supporting resources.

Do You or Someone Else Deserve a Most Awesome Mug?

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 button below. Order Now!

Want to Lower Your Legal Fees?  Here is the Answer! Our Annual Legal Packages

Are you a budget-conscious Association? Then one of the several Annual Legal Packages we offer should have a strong appeal to your Association. We have created twelve different Annual Legal Packages offering different levels of discounted legal services. These packages feature discounted attorney hourly rates for consultation services. Annual Legal Packages are paid in advance of services being requested and run for 12 months beginning with the date we receive your payment. This program is structured for the legal services to be utilized during this 12 month period. Unused hours may not be carried over to a later time. For more information on our Annual Legal Packages , please ask for the Annual Legal Package Brochure. If you would like more information on this service, please call us: If you are a client, contact: David Batan, our Coordinator of Client Services, at x151 or ( dbatan@clayton-mcculloh.com ).  If you are not currently a client, contact: Arlene Ring, Director of Public Relations, at (407) 875-4429 or aring@clayton-mcculloh.com . Additional contact information is at the bottom of this newsletter.

LIGHTS! CAMERA! ACTION! IT’S SHOWTIME! Think of your Annual Meeting  as a Theatrical Production to Ensure Success By Arlene-Frances Ring, Director of Public Relations

It’s Showtime! Your annual meeting is the most important meeting of the year and it is your time to shine. Think of your annual meeting as a theater production and your owners are the audience (and also the critics). If the production is appealing, they will attend. If your community does not have a clubhouse, consider holding your annual meeting at another location other than within the community. For example, if your Association has a dry retention pond (and it is not in the middle of the rainy season) you could hold the annual meeting at the retention pond. You can rent an open gazebo type tent (to shield the owners from the sun) and plastic folding chairs at a minimal cost. Don’t have a retention pond? Another idea would be to hold the meeting at the end of a cul-de-sac. By having your meeting within the community, you counter one of the common excuses (I didn’t have a means of transportation to get there) for not attending. The more comfortable the surroundings and easily accessible the location, the more likely the owners will attend the meeting. Many churches, shopping centers, and other meeting venues may offer you complimentary meeting space or at a very low fee.  To generate more interest among the owners to attend the meeting, offer door prizes. These may be gifts that are donated either by individuals within the associations or local merchants. For example, if there is a Mary Kay lady or Amway dealer in your community, perhaps they would be willing to donate merchandise as a door prize. And don’t forget to tap the sometimes overlooked business segment of the neighborhood - the teenager who mows lawns on the weekend. Not only can the Association obtain door prizes to boost attendance, but businesses obtain valuable exposure at minimal cost. Another way to entice a business person to donate a door prize is to provide him one month’s free advertising in your newsletter. The possibilities are endless. Once you’ve obtained the door prizes, don’t forget to recognize the businesses in your mailings and at the meeting. This way it is a win-win situation for both the members and the business owner. Another great attendance getter is to have refreshments available. There are two ways to approach serving refreshments. A committee could donate baked goods or perhaps a local merchant could donate refreshments in exchange for mentioning their business and providing them free advertising in your newsletter or membership directory depending on the value of the refreshments. However, do not use Association funds to purchase door prizes or pay for refreshments. This would expose you and your Board to criticism as to the propriety and possibly the legality of, by some, for expending association funds for improper social purposes. A lot of Associations feature a guest speaker at their meetings. The following are a few suggestions for speakers to appear at your annual meeting:  Landscape professionals giving tips on maintaining your property as well as the owners’ property – which may result in new business for them.  The principal from one of the schools in your district speaking on what direction the school is taking with its students.   If there is a hot issue, consider asking your attorney to speak to the membership. Realtors providing tips on how to showcase your home to get the best possible price.  Elected officials speaking on topics of interest to the association (especially during an election year). Candidates for public office who will explain their position on the issues. This gives them some valuable and free exposure.  An attorney to speak on such day to day issues such as the importance of having a will or consumer law issues.

The possibilities are unlimited. Try to think of topics that interest your membership. A little bit of imagination goes a long way. You will also want to provide professional and eye-catching notices for your annual meetings. Preparing the correct and legal notices (among other documents) for your annual meeting can be very tricky. Inquire if your attorney offers an annual meeting package. Many firms will prepare all the documents and notices you need for an annual meeting at a special reduced fee. (Editors’ Note: Clayton & McCulloh offers an Annual Meeting Package as a flat rate service). By distributing professional and legal annual meeting notices and documents, you appear more knowledgeable and competent and avoid possible risk to your Association. Don’t forget to give your residents plenty of notice. Your Association’s Governing Documents may only require a fifteen-day notice, however, consider giving additional notices such as thirty days, seven days, and three-day notice. You might even want to call your membership the night before the meeting to remind them. Yes, it is extra work, but many people have a short memory, and they forget. Try appointing a committee to assist you in this endeavor if you have a large association. In order to ensure a quorum, encourage owners to provide the board (or a trusted neighbor) with their proxy, and if they can make the meeting, then the proxy can be returned to the owner. At least this way, you will have a quorum at your annual meeting. As a board member, you want to make your meeting as interesting and appealing as possible. By providing comfortable accommodations, refreshments, door prizes, plenty of notice, and eye catching notices, you should attract a significantly larger number of owners than normal. In fact, you may never face the dreaded problem of having to re-notice the meeting again due to lack of interest. Just remember – It’s Showtime!

Wow! Enjoy a 4 Course Meal While Taking the 2020 Board Certification Class!

Expect a very special evening of fine dining for the “Climb Every Mountain”: The 2020 Joint Board Certification Class”   sponsored by The Castle Group on Thursday, February 27, 2020, at the Black Rock Bar & Grille at the corner of Conroy-Windermere Road and Apopka-Vineland Road in Orlando. Partner, Brian Hess , and Senior Collections Attorney, Alan Schwartzseid , will be presenting this 2½ hour class. Castle Group is one of the most prestigious management companies in the State of Florida and our hostess is the lovely Gianna Rahmani. Also in attendance will be the management team from Castle Group. What other management company offers a fabulous four-course dinner featuring  an appetizer, soup or salad, choice of four superb signature entrees, a vegetable, beverage, and dessert on a complimentary basis at one of their events? Castle Group is the premier choice for property management, specializing in serving the finest residential communities. The company’s philosophy is an unwavering focus on the Resident experience; at Castle it is called Royal Service®. Castle is owned by CPAs that oversee a powerful combination of incredible people, streamlined systems, and advanced technology. Since no two properties are identical, Castle has created a menu of services that allows customers to create a solution that fits their needs. Castle does not manage an exceptional number of communities, just a number of exceptional ones. This class is expected to be a quick sell-out due to the fine dining at a prestigious restaurant. So, please make your reservation quickly. Use this link to make your reservation. The Black Rock Bar & Grill is located at 8965 Conroy Windermere Road in Orlando, Florida 32835.

Get Your Legal Information for Free!

Each month in our second newsletter, “C&M Update,” we take one question from our readers that they would like to pose to an attorney and feature the answer in the newsletter. If you would like to submit a question, please respond back to this email address with your question, your name, and the name of your association or management company in the next five business days.

Is Your Favorite Association Vendor One of Our Super Partners?

Do you see your favorite vendor’s logo at the bottom of this newsletter? You don’t? Well, then you should help them out. If you don’t, send us their company, contact name and number and we will reach out to them to become one of our Business Partners. Our Business Partners receive year-long exposure to other Associations and management companies and receive special perks at our seminars. Using one of our year-long vendor sponsorships opens new doors for new business for your favorite vendor. So, receive some brownie points with your Association’s vendor(s) and provide their contact information to us. After all, new business referrals are treasured by vendors and they may show their appreciation back!

Birthdays

A Very Happy Birthday to the following Board Members and Managers! May your special day be filled with laughter, friends, family, good times, and cake! December December 19 - David Forthuber - Sentry Management December 21- Linda Arahill Rohlf - LKA Properties December 22- Lynn Edwards - Condominium Concepts December 25 - Joanna Hart - Sentry Management December 28 - Robert Rice II - Southwest Property Management of Central Florida Your birthday is a joyous day to us and we want to celebrate it. Please send us your birthday (just day and month – no year) and we will publish it on Facebook (with your photo if you supply one) and in our newsletter. Send your birthday information and/or photo to aring@clayton-mcculloh.com

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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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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.)