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

-  We've Been Nominated For A Readers' Choice Award!
Foreclosure Sales and What They Mean for Your Community 

-  Need an Update on Your Case at 2 a.m. You Got It!!
 Upcoming Seminars/Events/Meetings
-  Ring Selected as Outstanding Woman in the Industry
-  Who Is The Most Awesome In Your Association? 
-  The Wait Is Over For The Florida Statute Organization Service!
-  Quote Of The Month

We've Been Nominated For A Readers' Choice Award!
The 2019 Readers' Choice Award Contest is now open for voting and we have been nominated. 
We are so thrilled and honored to have been nominated for the fifth consecutive year for the very prestigious  Florida Community Association Journal's Readers' Choice Award.  Just like the Hollywood People's Choice Awards, this award is determined by people such as yourself casting their vote. 
Clayton & McCulloh - the firm that "Embraces Community" -  is requesting your vote again this year.  Won't you please honor us by taking time out of your busy schedule to vote for us? Click the link below or button above to vote.

Thank you so much for your consideration.  We are humbled by your vote.

Foreclosure Sales and What They Mean for Your Community
By Alan Schwartzseid, Senior Collections Attorney 

For many community associations, collection of past-due assessments plays a major role in the annual legal budget (although in successful collections, the attorney's fees and costs incurred are collected from the delinquent owners). These past-due accounts create a myriad of challenges, such as  lenders' foreclosure actions or owners' bankruptcies, in addition to the association's collection efforts themselves, which are often addressed simultaneously with these challenging issues. We strongly recommend associations to be proactive by automatically submitting accounts to counsel for collection once the past-due balance reaches a defined threshold (i.e., 2-3 months) past-due balance, pursuant to the association's collection policy. Such policies impress upon owners that ignoring their payment obligations will not be tolerated. At the same time, a willingness to waive interest and/or late fees, or accepting payment over time (based upon the account's history, lender's status, and other factors affecting such business decisions) can assist the community in avoiding many of these challenges and impressing upon owners that they have elected a strong and capable, but human, board of directors and/or manager.

When owners fail or refuse to resolve past-due assessments and related charges, the only option in many circumstances is to obtain a money judgment and/or foreclose. The purpose of foreclosure (and specifically, foreclosure sales) is to satisfy the debt and the association's money judgment, if any. Accordingly, when the sale occurs, if the plaintiff is the highest bidder, it need not pay the amount of its bid to complete the sale; the plaintiff's sale bid is merely "offset" by the judgment amount, and the judgment is satisfied to the extent of the plaintiff's final bid. In contrast, all other bidders must place a deposit before bidding, and a third party winning bidder must also pay the balance of its bid before noon the day after the sale. If no third party bids, the plaintiff (whether the association or a foreclosing lender) purchases the property for the minimum $100.00 sale bid. Accordingly, the results of a completed foreclosure sale are that: (1) the plaintiff is paid in full because a third party paid more than the judgment amount for the property, or (2) the plaintiff takes title, and the judgment is "satisfied" to the extent of the plaintiff's highest bid. In the latter situation, a "deficiency" (damages against the former owner(s) in the amount of the judgment minus the winning bid) may also arise, thus affording the association an additional potential collection remedy. Indeed, the foreclosure sale only completes one part of the collections process.
The end of the association's fiscal year often coincides with the annual meeting, during which a review of the annual budget and the installation of one or more new directors and/or officers is common. Another recommended practice in connection with such year-end reviews is to evaluate the percentage of accounts which are past-due, and the anticipated cost of collection, as compared to the potential pitfalls of choosing whether or not to foreclose. It is also suggested that the association re-evaluate its collections policy during that time.  For more information please visit our Clayton & McCulloh  
Need an Update on Your Case at 2 a.m.?  You Got It! 
By Dave Batan,  Coordinator of Client Services
Did you ever wish you could check on the status of one your open matters with us on a weekend or after hours?  We realize that many Board Members lead active lives, often working full-time jobs, and may not be able to contact us during the workday to request a status update on a particular collections file or general legal activity.  And since most Board meetings are held outside of business hours, we offer access to your files via the secured client portal on our website.

Active board members and community managers can arrange for private access by submitting a request online  HERE.  Once the short form is completed, the website will generate a temporary password for you to enter and create your own specific one for future use.  Meanwhile, we will confirm the status of the person requesting access as a further security measure.  Once you're in, you will see status reports for all active collection matters and the general file for smaller, miscellaneous projects. 

This is another one of our many complimentary services.  Clayton & McCulloh strives to make your dealings with us as easy and efficient as possible.   

      To learn more about this feature, please contact Dave Batan  at ext. 151 or  c lick  HERE.

Upcoming Seminars/Events/Meetings  
Finding Mr / Ms Right
We are rolling out the red carpet on January 22! The first of our Hollywood theme 2019 Seminars, "Finding Mr./Ms.Right: Selecting and Working More Effectively with Managers" will be in our Melbourne office. This is a unique seminar that we have not seen presented anywhere else. This 1½ hour course prepares Board Members in the selection process of a manager and how to work more effectively with your manager. Among the topics covered are: 
  • What questions to ask and how to conduct the interview
  • Screening your manager's (or management company's) background
  • Red flags to look out for
  • Realistic expectations of you manager
  • Understanding you manager's role
Our Director of Public Relations, who has worked with numerous management companies and managers over the past 28 years, will host the first part of the program on selecting a manager. The second part of the program will feature Betty Walsh, manager of Seaport Master Association, for the Melbourne seminar. She will be speaking on how to more effectively work with your Community Association manager. Ms. Walsh is not affiliated with any management company. This avoids any conflict of interest and provides the attendee with the comfort of being able to ask any questions about "Working More Effectively with Managers" and should reassure managers that the speaker will not be recruiting potential association and thus make it easier to recommending this class to their associations
Also as part of this class, we will have an informal, round-table discussion on various facets of community association management. At this time, we are only accepting telephone reservations as the 2019 Seminars are not yet featured on our web-site.
If you would like to atten d, just call either of our offices and ask for the Public Relations Department.

Melbourne Office:
Baytree Corporate Park 1301 Bedford Drive, Suite 102 Melbourne, FL 32940 
Phone:  (321) 751-3449 
Fax:  (321) 751-3450
Ring Selected as Outstanding Woman in the Industry

Our Director of Public Relations was featured as one of the Outstanding Women in the Community Association industry by the Florida Community Association Journal.  She is featured in the November 2018 issue.  Below is a published feature spotlight.  

In  1991, Arlene-Frances joined the Clayton & McCulloh team helping community associations solve the challenges that they face. In 1996, she created and organized the firm's very successful seminars to educate board members and managers; which continue today. She also serves as a frequent speaker for Clayton & McCulloh as well as numerous other organizations. She has served on the board for many organizations as (as well as founded two), such as NECAM, BCAM, and the Mid Florida Chapter of CAI. Going above and beyond the call of duty is demonstrated by her availability 24/7 for board members and managers. Arlene Credits the success of the firm to the awesome C&M team who give 110 percent to their clients. 

   Her other passions include pet rescue and politics, working in local, state, and national campaigns.

Please join in congratulating Arlene on her many contributions to the industry!
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 Saturday, January 5, 2019. 

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!

The Wait Is Over For The
Florida Statute Organization Service!
Clients and Non-Clients
Get Yours Now! Limited Amount Available!

Yeppers! You asked for it! And it is now here! The Florida Statute Organization Service. Through the years, our clients have requested copies of the Florida Statutes in a presentation format and we have now answered their call. 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. PICK UP THE REST OF THE PARAGRAPH.
These articles include the following topics:
Amending Governing Documents
Covenant Enforcement
Fiduciary Duty of Board Members
How to be a Director
Annual Meeting
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 (includes tax). Order yours today through our website using the button below.

A limited number of books will be available at each of our Community Connect Chats this year. Starting with our 2019 Seminars, we will not have the ability to take credit cards at our seminars.

Size upgrades are available (at additional cost) if you want more space to add your own  notes or even your Association's governing documents.  

Happy Birthday To:

December 3 - Stephanie Nicholson, Home River Group Orlando 
December 8 - Debora Zimmerman, Sentry Management, Inc.
December 10 - Gina Holbrook, Premier Association Management of Central Florida, Inc.
December 15 - Scott Crone, Seminole Palms of Largo Homeowners' Association, Inc.
December 18 - Len Odem, River Bend Condominium Association of Brevard, Inc.
December 18 - Michael Scallan ,Tropic Sun Towers Condominium Association, In.
December 19 -  David Forthuber, Sentry Management, Inc.
December 21 -  Linda Arahill Rohlf,  LKA Properties, LLC
December 22 -  Lynn Edwards, First Communities Management
December 23 - Christine Schilling, Semoran Pines Condominium Association, Inc.
December 25 -  Joanna Hart, Sentry Management, Inc.
December 26 -  Dayna Patrick, Sentry Management

Quote if The Month
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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 
Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
You are receiving this e-mail as you fall into one of the following categories: 

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* You have requested to be on our mailing list;
*as a former member of BCAM, you are provided a subscription to the C&M mailing list; and/or
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