The October Issue Includes:
- How to Reply to This Newsletter
- Vote for Clayton & McCulloh - Florida Community Association Journal
- Can I Serve on our Board of Directors?
- Spotlight on October Webinars
- Upcoming 2021 Free Webinars
- CM's On Demand Classes
- Get Your Affidavit Here!
- Ask CM
- Need a New Management Company or Other Vendor? We Can Help!
- Kudos
- Applause! Applause!!
- Have You Submitted Your Current Board Information?
- Get the Trending News with Facebook
- Two Ways to Follow Us on LinkedIn
- View Our YouTube Videos
- About the Green Marble
- Our Valued Sponsors
- CM Contact Information
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Disclaimer: Formatting and images may appear differently on
your device based on the device settings.
When replying with a question or a 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, your name, name of the your Management Company or if you are an independent manager, the name of the Association you manage.
No acronyms please, unless your legal name is an acronym, 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.
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Please Vote for Clayton & McCulloh
The Florida Community Association Journal's
Readers' Choice Award
We’ve been nominated once again for the Florida Community Association Journal’s Readers’ Choice Awards! If you think we are deserving of your vote, we would greatly appreciate it if you took the time to vote for us. Simply click on the button below, and follow the instructions on the page.
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Can I Serve as a Member of
our Board of Directors?
(Hint: Maybe)
Anyone seeking to serve as a member of the Board of Directors of a Florida Community Association will need to determine their eligibility to run for the Board, or to be appointed as a member of the Board of Directors.
As an initial matter, please remember that Florida Community Associations’ law is also governed by the Florida “Corporations Not For Profit” Statute, under Florida Statutes Chapter 617.
Under the Florida “Corporations Not For Profit” Statute, the Statute states, under §617.0802, “Qualifications of Directors,” that “directors must be natural persons who are 18 years of age or older. but need not be residents of this state or members of the corporation unless the articles of incorporation or bylaws so require.”
Therefore, an initial inquiry should be made to the Articles of Incorporation, and possibly Bylaws, which will state the qualifications (or lack thereof) to serve as a director.
If the Articles of Incorporation and Bylaws do not require a director to be a “member” of the Association, then any natural person otherwise qualified, and over 18 years of age, may serve as a director. However, many Associations’ documents do require a director to be a member of the Association, or require that subsequent Boards of Directors, who are elected or appointed after the initial formation of the Association, be qualified members.
This year, the Florida legislature made a minor revision to the Florida Condominium Statute, and revised Florida Statute §718.112(2)(d), by stating that a person who is delinquent in the payment of any “assessment” will not be eligible to be a candidate. This amends the prior statutory language, which made ineligible anyone who is delinquent in the payment of any “monetary obligation,” which could include fines, fees, or other monies, owed to the Association.
This same Statute makes ineligible any person who has been convicted of a felony, in this or any other state, or any United States territory, or who has been convicted of an offense in another jurisdiction, if that offense would be a felony in the state of Florida. A convicted felon is not eligible to run for the Board, until the felon’s civil rights have been restored for at least five years.
For Florida Homeowners’ Associations, the disqualification for a felony conviction is similar to the provisions set forth in the Condominium Statute; and the prohibition in being nominated to, or seeking election to, the Board of Directors would apply to any candidate more than ninety (90) days delinquent in the payment of any “fee, fine, or other monetary obligation due to the association….” The Homeowners’ Statute does, however, under Florida Statute §720.306(9), state that the definition of “any fee, fine, or other monetary obligation…” means any delinquency to the association, with respect to any parcel. This provision remains somewhat ambiguous, and it is unclear if monetary obligations not directly related to a parcel would disqualify a potential candidate for the Board of Directors.
For candidates to a Cooperative Association Board of Directors, the revisions made to the Cooperative Statute, in Chapter 719.106, track those that were made to the Condominium Statute, with a disqualifying, outstanding, “monetary obligation” now being limited to the failure of a candidate to timely pay cooperative assessments.
After election or appointment, every director in a Florida Community Association, including Associations governed by the Florida Mobile Home Act, must submit a written Certificate evidencing familiarity with the Association’s “governing documents” required by the particular Community Association Statute; or, in lieu of the written Certification (or Affidavit), the Board member may complete and submit an Educational Curriculum Certificate certifying that the Board member has completed an education program, as approved by the Florida Department of Business and Professional Regulation. The written certification, or the Educational Certificate, must be submitted to the Board no later than ninety (90) days after the date of the director’s election or appointment.
Clayton & McCulloh does, throughout the year, conducts live Board Certification webinars and our pre-recorded CM On Demand Board Certification classes, which will provide Board Members with a Certificate after having successfully completed a Board Member’s educational curriculum. If you would like to register for our CM On Demand Board Certification classes, please use this link.
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Announcing
Our October
Webinars!
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Here comes our brand new October Webinars. The rest of our 2021 webinars are listed after the featured October webinar. |
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2021 Live Question & Answer Session for Homeowner Associations
Thursday, October 14th
6:00 - 7:40 p. m.
Door Prize Award
This class was created for those individuals who took one of our CM On Demand Homeowner Board Certification Classes. There is no subject matter taught - just pure Question & Answers. As the CM On Demand class was pre-recorded, there was not a Q&A session, this class meets that need!
Those individuals who took one of our live Homeowner Board Certification Webinars are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend and listen but cannot ask questions. BUT in listening to others' questions, you might get your questions answered! This is a common scenario.
This class is for those Associations governed by Florida Statute 720. Please check your Association’s Governing Documents to ensure that you are governed by this Statute before making a reservation as we would not want you to discover that you took the wrong class.
Featuring Partner, Alan Schwartzseid
Registration Deadline: 3:00 p.m.
Wednesday, October 13th
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Upcoming
Free 2021
Webinars
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To Special Assess or Not to Assess?
That is the Question!
Thursday, October 21st
6:00 - 7:30 p. m.
What do you do when your Association is faced with a major project and reserve funds are not adequate to cover the cost? What if you are faced with an unexpected emergency such as clean up after a storm or a pipe bursting unexpectedly? What are your options? In this webinar we are going to discuss the various factors and key components when faced with the decision to fund improvements and repairs. Topics will include Project cost financing, Special Assessments, Documentation, Collateral, Loan structure, term loans and non-revolving line of credit, revolving lines of credit and their uses, repayment and prepayment, and which players should be involved in the process and decision making.
Featuring, Cathi Dorn & Randy Pennington
of SouthState Bank
Alan Schwartzseid of CM
Registration Deadline: 3:00 p.m.
Tuesday, October 19th
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D
CM On Demand Classes
Electives and Board Certification Classes
From the firm that Embraces Community, we now feature three Board Certification Classes and four Elective Classes - all on CM On Demand for viewing in rhe convenience of your own home and at your preferred time of day!
You can take these classes at 2:00 a.m. on a Saturday, or whenever your heart desires. While there are no deadlines to view our Elective CM On Demand Classes, there are deadlines to view the Board Certification classes.
Some points to remember for all of our CM On Demand Classes:
- Each person must complete the reservation themselves.
Don't forget to read the website and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the time period listed in the website.
Don't forget to review your Reservation form before hitting the "Submit" button as errors may prohibit it from going through. Wait up to three minutes to see the receipt banner which is the confirmation it went through,
So, pop the popcorn, pour your favorite beverage, grab your pen and pad, settle in your easy chair, and view this class on your computer, smart phone, or tablet!
All of our classes are listed below - so make your reservation now!
Another personalized service from Clayton & McCulloh, the firm that Embraces Community. Shouldn't your Association have a law firm that puts you first?
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"Bad Board Members: What 'Ya Gonna Do When They Come for You?"
Is Our Newest Elective CM On Demand Class!
At one time or another, every Association will have a bad board member. It may be a Board Member who refuses to execute their duties, attend meetings, causes disruptions, leaks confidential information, or refuses to turn over Association’s records once they leave office. So, what can you do with a bad board member? Our attorney will delve into these issues offering possible legal solutions, while our Director of Public Relations (an experienced board member) will offer practical solutions and insight into the situations.
This class received strong reviews for its content and delivery and is now available on CM On Demand - Electives!
Original webinar presentation was April 29, 2021.
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Working with Acts of God
Normally, Community Associations just have to contend with hurricanes, tornadoes, fires, sinkholes, and severe storms. In 2020, life brought us a pandemic with far-reaching repercussions. Our Senior Partner, Neal McCulloh, and Guest Industry Speaker, Lou Biron of Sihle Insurance, addressed the legalities, serious issues arising in preparation and the aftermath of these acts of God, and possible solutions to these life changing challenges in a 1 1/2 hour webinar originally broadcasted on Tuesday, March 20, 2021. This webinar was packed full of great information and items to brace yourself for.
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Paradigm Presents: The T's of Telecommunications for Communities
What’s the difference between fiber and copper systems? Is there compensation from providers to communities for individual subscription services available? Have you considered a bulk agreement for internet or TV services at a discounted price? Find out what’s on the table for your community. We welcome you to join our Valued Business Partner, the CEO of Paradigm Broadband Group, an expert in the broadband industry, as he describes "The T’s of Telecommunications," covering such topics as technologies to consider, terms to negotiate, tactics to look out for and timing. Don and Elise Johnson bring you this one hour webinar originally presented on Tuesday, March 30, 2021.
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Oh, What a Night!
In 2020, our seminars/webinars featured a 1950’s musical theme. This October 22, 2020 event featured a panel discussion of three of our dynamic 2020 Business Partners in an one hour open question and answer session.
The panel featured:
Steve Kinder of ServPro
Don Johnson of Paradigm Broadband Group
Chelsee Camero Lintz of Ask an Adjuster
Brian Hess of Clayton & McCulloh
Moderator, our Director of Public Relations, Arlene Ring
Listen to the lively discussion on a wide range of topics facing Community Associations today and the solutions the panel offered to the attendees.
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Here's What People Are Saying About the
CM On Demand Board Certification Classes!
About the HOA Class: "I feel more confident now having been informed. Before viewing the "I Walk the Line" presentation, I didn't know what I didn't know. Now I realize that I need a better student of the laws in order to be a better board member." David Doster - Countryside PUD Unit XIIA HOA
About the COA Class: "As a new individual to condominium living and being on their board, this was an excellent introduction. Would highly recommend this course to board members ASAP in their application process." James Pinkerton - Old Ponte Vedra Beach Condominium.
About the MHP Class: "This was very informative ane enlightening. The length of the seminar was good and the information covered was most appropriate." Thomas Stamates - Water Oak Estates HOA
What makes our classes stand out from the crowd? First, our attoneys are extremely experienced. Second, we send each successful graduate of this class a detailed cover letter covering numerous topics to prepare a Board Member for their execution of their duties.
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Don't Want to Take the
Board Certification Class?
If you prefer not to take the certification class, please use the button below to request an Affidavit "opting out" of taking the class.
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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 for the next issue, we may use it for a future issue.
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Time for a New Manager or a New Vendor?
We Can Help!
It's that time of the year again when Associations are thinking "Wow! This is more work than I want to do" or "Not sure about our present manager - maybe we should look into possibly hiring a new one?" Does this describe how you are feeling?
If so we can help. Whether you are a client or a non-client, we provide a complimentary Management Company Referral Service to help you find a Manager or a new Manager! If you have a Manager presently, we always recommend trying to work it out with them as you have a history which is quite valuable. If you are uncomfortable about approaching your current Manager or Management Company, as one of our clients, we can contact the company or manager to see if we can assist in resolving the issues.
Do you need a landscape, insurance, painting, or roofing company? We can help! We also offer a complimentary Vendor Referral Service to help you find vendors who work with associations like yours. We have many vendors that we can refer to you and your fellow board members to help make your job easier.
For more information on this service, please call our Director of Public Relations at our office via extension 129 or at (407) 808-2553 after hours/weekends. You can also make a request by clicking the button below.
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Bob Nicolette, President of HMS Property Management, had sent a kudos to our very own Senior & Founding Partner, Neal McCulloh:
"Such patience and knowledge helping us with a rogue board member. Truly a partner in helping us run our association."
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Everyone is touched when they receive kind words about their actions. Our firm is no exception. Clients have asked us over the years "is there some place that they can submit a compliment that would get to the right person and also give them some internal recognition?" To that end, we created a "Kudos" page on our website to provide people an opportunity to recognize members of the firm.
Did one of our attorneys or staff go above and beyond to help you?
- Has one of our attorneys or staff members gone above and beyond on your behalf?
- Did you receive a great result in a case as a result of our attorneys and paralegals expertise?
- Did someone in our Billing Department provide more information on an invoice?
- Was our Client Services Department helpful in handling a non-legal matter for you?
- Did our receptionist brighten your day with her greeting?
- Or maybe you had a positive experience with our webinars or other complimentary services, such as referrals or assistance after hours?
- Perhaps you would like to share with the firm your appreciation of our representation of your Association or a particular case?
Our staff will be recognized internally at our monthly meetings or a firm email with your kind words.
If you would like to submit a "Kudo" to be shared with that staff member or attorney, you may do so by selecting the button below. Your kind words are not automatically published in our newsletter or Facebook page unless you specifically authorize same.
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Have You Submitted Your Current
Board information to Us?
Clients, it is very important to submit your current Board information to us within thirty days of being elected. Simply use this link. Why is it important? Check out the reasons on this form.
Coming Soon! Brand new service - a link for non-clients to update their Board Information.
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Get The Latest Trending News!
Like us on Facebook and you will receive:
- Late Breaking News on topics affecting Community Associations
- Seminar Invitations
- Legal Updates
- Human Interest Stories
- Much more
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Follow Us On LinkedIn and You Will See:
- Legal Articles for Community Associations
- Legislative Updates
- Advance Notice of Seminars, Webinar, and Special Events
- Professional Manager Themed Information and more!
Connect with CM by clicking on logo
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Follow our Director of Public Relations, Arlene Ring, and you will see:
- Articles address practical issues with solutions for Community Associations' Board & Committee Members
- How To Articles for Board and Committee Members
- Special Interest information for CAMs and Community Association Vendors
- And more!
Connect with Arlene by clicking on logo
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Have You Ever Checked Out Our Individual
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.
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Ken Clayton,
Founding & Senior Partner
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Neal McCulloh,
Founding & Senior Partner
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Russ Klemm,
Partner & Litigation Chair
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Arlene Ring,
Director of Public Relations
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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 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. 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 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.)
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Thank You!
We would like to take a moment to thank our 2021 Valued Sponsors. These companies are experts in the Community Association field. There are special nuances that should be considered before hiring a company to handle your work.
We hope that you will consider securing a bid for their services for your Association or in your personal lives. These Valued Sponsors are leaders in their industries and we are thankful they partnered with us this year.
Please remember that simply by clicking on their logo, it will take you to their website where you can learn more about their services as well as hire them.
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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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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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