The November Issue Includes:
- How to Reply to This Newsletter
- Tips for Hiring Contractors
- CM Trivia
- Brand New Complimentary Service: Community Text
- Remember When... Answer!
- Did You Know?
- New CM Short Takes Available
- New CM On Demand Board Certification Classes Coming Soon
- "Elective" On-Demand Classes Available
- Board Certification Form Available
- Submit Your Questions to Ask CM
- 2022 Holiday Season Office Closures
- Follow Us On Social Media!
- About the Green Marble
- CM Contact Information
|
|
Disclaimer: Formatting and images may appear differently on
your device based on the device settings.
When replying with a question or statement, please include your full name and legal name of your Association; if you are a Board or Committee Member and/or Resident, and if you are a manager, include your name, name of the your Management Company, or if you are an independent manager, the name of the Association you manage.
No acronyms or abbreviations please, unless your legal name contains an acronym or abreviation. This will expedite our reply to you, as our database is by Association or Management Company.
Make a comment on our featured article or other articles by simply emailing pr@clayton-mcculloh.com. Don't forget to add your Association, email address, and phone number so we can get back in touch with you. We may even ask if we can publish your comment in the next issue!
|
|
|
|
Tips for Hiring Contractors
|
In the aftermath of the recent hurricane season, many Associations will be faced with hiring one or more construction contractors, contractors for remediation or contractors for other Association work. If your Association is faced with choosing and retaining a Contractor or other vendor, hiring the wrong Contractor can be costly or problematic for the Association. |
|
As an initial consideration, the obvious “due diligence” should be undertaken by the Association, such as asking for references, investigating the financial stability of the Contractor or vendor, and checking with the local “Better Business Bureau” and local department of consumer affairs, to determine if there are an excessive number of complaints regarding the contractor. The Association may wish to engage counsel, to determine if any administrative complaints or lawsuits have been filed in the past or are pending against the Contractor.
Many times, a Contractor will present either an “offer,” “proposal,” “estimate,” or other preliminary document that, if signed by the Association and the Contractor, would become a binding contract.
It is almost never recommended that such documents be signed, as they are usually only a few pages and do not contain sufficient detail, for matters such as the complete description of products to be installed and utilized, commencement and completion dates, and other important considerations, including the contractor’s insurance, detailed warranties and other provisions regarding the “scope of the work.”
|
|
For a contract exceeding one hundred thousand dollars, particularly for construction work (including roofing repairs), a brief “work order” is almost never recommended as the primary agreement between the contractor and the Association. Where extensive work is to be performed, your Association should consider using one of several contract documents developed by the “American Institute of Architects” (“AIA.”) The use of an AIA Contract will provide standards for such issues as dates of commencement and substantial completion, detailed provisions regarding payments or “draws” and such items as insurance, dispute resolution and an Agreement that accompanies such contracts, which is known as the “General Conditions” of the Contract (AIA Form A-201).
A construction industry practice that is very common, especially immediately after a major storm, is to offer to Condominium Associations an “Assignment of Benefits” contract.
The typical Assignment of Benefits contract has the advantage of having the payment for all reconstruction and repairs (other than the insurance deductibles) “covered” by the assignment of the Association’s rights to receive the insurance proceeds directly to the contractor.
Unfortunately, some unscrupulous contractors will take the insurance proceeds, and do substandard work, or even fail to complete the job.
An Association should have its legal counsel thoroughly review any proposed Assignment of Benefits contract, before signing.
Finally, any Association undertaking substantial construction work should consider retaining a Consulting Engineer, Architect or Consulting Contractor who will act as the Association’s representative and a go between with the Contractor and the Association.
Preventing or limiting construction disputes will save your Association needless aggravation and expense.
|
|
CM Trivia
- 100 South Orange Avenue, Suite 612, Orlando
- 220 North Palmetto Avenue, Orlando
- The CNA Tower (n/k/a as the Citrus Center), Suite 332, Orlando
If you think you know the answer, submit it below and the winners will be featured in January's Green Marble.
|
|
Brand New Complimentary Service: Community Text
The newest! The brightest! Yes – a brand new CM service has recently made its debut: The Community Text Service. This mass texting service will send limited, important information to your cell phone. You will receive two messages monthly and on special occasions, for a maximum of three messages per month. These messages will include:
-
Notice of a new event such as a brand-new webinar/seminar topic, social event, other event (link to our website will provide more information). Special Note: This is not to be confused with reminders for those who made a reservation for one of our events;
- Reminder that our newsletter has been published and is in your email inbox. It will include the title of the lead article. Concerns have been raised that internet carriers are sending our newsletters to spam/junk mail folders which may not be checked regularly and then deleted by your carrier before you can see it;
- Major changes in the law or a significant judicial case that may affect your Association along with a link to our website for more information;
- Reminder to submit your board information if your annual meeting took place the previous month (if you have not already submitted, a link will be provided to our website as an option to submit the information); and/or
- A new CM Service making its debut, or a reminder of a special service that may save your Association money (no more than four per year and they would be the third text of the month).
|
|
Remember When...
David Thierer, Public Relations Representative
The results are in from our November 2022 Green Marble "Remember When..." column. Unfortunately, nobody guessed right.
The person is... David Thierer, our Public Relations Representative who joined our team in June 2015. David works with Arlene Ring, our Director of Public Relations, and has been a consistent figure at our live seminars' Information Table and acted as the vendor coordinator of the trade shows. You heard him as the person taking questions at our webinars, where he also handles the technical side. He is known for his radio voice.
Here are some interesting facts about David outside of the office:
- David loves the outdoors: camping, kayaking, sailing, and hiking
- He loves cars! He owns two antique cars that he is currently restoring
- He races one of his antique cars in Autocross (single car racing the clock)
Join us next month as we reveal another one of our staff's childhood photos and see if you can guess it right! All correct guesses will be featured in the following months' newsletter under this section.
|
|
Did You Know?
In the community association industry, a CAM (Community Association Manager) or a LCAM (Licensed Community Association Manager) manages homeowner and condominium associations, cooperatives, and mobile home communities. However, did you know that the apartment industry also has a CAM designation (Community Apartment Manager)?
Other industries that use the acronym CAM include aerospace and defense, ship building, automobile and train industry, healthcare, machine tool industry, and even the fashion industry!
|
|
New Short Takes - Now Available! |
|
Clients sometimes cringe when an attorney recommends a title search.
Learn why they are so important and in the long run,
how it can save your association mucho bucks!
Is your Association headed for turnover or do you know of one that is?
Before they turn over, invite them to view this very important, short video
to help ready them for the most important time period of their Association.
Great topical video packed full of advice on
Budgets and Reserves. A must see!
Introduced and signed into law in May 2022,
Florida Senate Bill 4-D establishes statewide
structural integrity reserve study and funding requirements
for condominium associations and cooperatives.
What is a CM Short Take? Glad you asked! It’s our complimentary 10-minute or less (excluding introduction and closing) informal discussion presented by one of our attorneys, staff members, or guest expert speakers from the community association industry. Brand new for ’22, these pre-recorded Short Takes will include legal, and practical non-legal topics for associations’ board members, managers, committee members, and residents alike!
There is an optional five question survey you can take afterwards for which we will add your name to our monthly drawing for a special gift.
Do you have a suggestion for a topic or a speaker? Let us know below so we can work it into our schedule. This is a great opportunity to request any topic in a perceptible, concise presentation that is easily accessible and free.
The above Short Takes join our current library listed below:
|
|
New Board Certification Classes
Coming Soon!
You may have noticed that our HOA and Condominium/Cooperative Board Certification classes are not available at this time on our website. CM is re-recording these two popular programs and they will be available very soon!
All new board members are required to take the Board Certification Class by an approved provider within ninety (90) days of being elected to the Board of Directors. You do not need to take the class again if you have served continuously on your Board of Directors. But if you go off the Board – even for a day – you will need to take the class again. You do not have to re-take the class every year. However, if there are substantial changes in the law, you might consider taking the class as a refresher course. If you would like to be placed on our waiting list for the HOA or Condo classes, simply complete the form at this link and we will notify you when they are available.
If your ninety-day deadline comes after December 31st, consider purchasing the official Board Certification Form. This official document allows you to opt out of taking the class, but you will be putting your Association at risk should you elect this option with no intention of taking the class when it is available.
We suggest that you purchase the Board Certification Form and use it as a “temporary pass” until the class is available, which is what we generally recommend. If you would like to purchase this document, here is the link to do so.
Our webinars are offered on a complimentary basis to our active clients. However, as an active client, you may choose to make a voluntary donation to our Pet Drive of any amount. There is a small $15 fee for non-client registrations that directly benefits our Pet Drive. All fees go directly to our Pet Fund to benefit a private non-profit 501 (c) pet rescue to assist in their vet bills. CM does not keep any of the funds. The pet rescue of our choice will be announced in our January issue.
For all of our CM On Demand Classes - please remember to carefully read and fill out the reservation form and instructions prior to submission as errors may prohibit it from going through. Wait for the automated receipt banner confirming that the registration went through.
Do not share the links! If we receive notification that the link has been shared with an unauthorized individual, your association may be banned from taking future CM classes.
So, pop the popcorn, pour your favorite beverage, grab your pen and pad, and settle in for easy On Demand viewing on your computer, smart phone, or tablet! From the firm that Embraces Community, help us put you first with this personalized service.
|
|
CM On Demand Elective Webinars! |
|
As we head to the officer election season, one of our webinars that is particularly useful to Associations and the election process is Who Does What? Officers' Duties Breakdown. This webinar covers the traditional duties of each individual officer and director and suggest many other responsibilities that could be assumed by a Board Member so that each Officer and Director has a balanced work load.
This lively webinar also covers tasks that you may have forgotten to include that are vital to the success of the Association. Our Director of Public Relations, Arlene Ring, who has served in various HOA and condo boards as well as other non-profit association-related organizations is the speaker for this class. As a special bonus, if you have a question after viewing the class, call her directly at (407) 875-4429 for assistance. Why? Because we are the firm that Embraces Community.
Please view the class summary on our website and register at the link below.
|
|
Don't Want to Take the
Board Certification Class?
If you prefer not to take the certification class, CM offers the Board Certification Form which you can use to opt out of taking the class. There is a $10 donation for this service that is exclusive to our clients. The donation goes directly to our Annual Pet Drive to assist private non-profit 501 (3) (c) pet rescues with their vet bills.
|
|
Get Free Legal Information
for Your Association
If you have any Community Association questions that you would like answered, please submit your question using the button below. We regret that we cannot answer every question and cannot answer a question that requires us to review your Governing Documents. If your question is not answered in the next issue, we may use it in a future issue.
|
|
2022 Holiday Closure Schedule
The holidays are almost here! We will be closing so our employees may make memories with their loved ones.
CM will be closed as follows for Christmas:
Closed at noon, Thursday, December 22nd for our firm Christmas Party
Friday, December 23rd, we will be open from 8:30 am to 5:00 pm
Closed on Monday, December 26th
Please remember that even if our office is closed, we are still available to you 24/7/365 at (407) 875-4429! Just one of the ways we demonstrate why we are the firm that Embraces Community!
|
|
Have You Checked Out Our
YouTube Videos?
|
|
Did you know that several of our attorneys and staff have an individual video on our website and YouTube? No? Each person covers a different aspect of Community Association Law or life. See these videos below.
|
|
Ken Clayton,
Founding & Senior Partner
|
|
Neal McCulloh,
Founding & Senior Partner
|
|
Russ Klemm,
Partner & Litigation Chair
|
|
Arlene Ring,
Director of Public Relations
|
|
Follow CM On Social Media! |
|
Make sure to stay up to date on the latest seminars, as well as legal, legislative, and community association updates by following CM on Facebook, LinkedIn, and YouTube by clicking the buttons below! |
|
Follow our Director of Public Relations,
Arlene Ring on Social Media!
|
|
For the latest on practical issues and solutions for community associations, special interest information for Board Members, CAMs, Community Association Vendors, and more, click the button below! |
|
About the "Green Marble"
The Green Marble is a monthly digital newsletter, a complimentary service for our Association Clients and Managers. CM also features an additional monthly digital newsletter, "CM Update," an annual "Community Chat" (delivered to your home via USPS), and "CM Special Editions." These publications are published by our Public Relations Department. If you have any questions, comments, or suggestions about this newsletter, please contact us at pr@clayton-mcculloh.com.
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 complimentary subscription to the CM mailing list;
*By attending one of our seminars, you agreed to be part of our Confidential Mailing list.
If you would no longer like to receive seminar invitations, up-to-date information and changes regarding Community Association Law, newsletters, or exclusive, premium CM services, please contact us at pr@clayton-mcculloh.com.
When replying with a question or statement, please include your name and the legal name of your Association or Management Company (no acronyms, please, unless your legal name on the Article of Incorporation lists an acronym.)
|
|
Orlando Office: Maitland
The Clayton & McCulloh Building
1065 Maitland Center Commons Blvd.
Maitland, FL 32751
Phone: (407) 875-2655 Fax: (407) 875-3363
|
|
Melbourne Phone: (321) 751-3449 Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553 or (407) 875-4429
|
|
|
|
|
|
|
