The April Issue Includes:
- How to Reply to this Newsletter
- Will it Fly? Display of Flags
- Applause, Applause
- Spotlight on April Webinars
- Upcoming 2021 Free Webinars
- CM's On Demand Classes
- Get Your Affidavit Here!
- May 1st Deadline Almost Here
- Get the Trending News with Facebook
- Two Ways to Follow Us on LinkedIn
- View Our YouTube Videos
- About the Green Marble
- Our Valued Sponsors
- 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.
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Will it Fly?
Display of Flags
Several years ago, a few Homeowners Associations, located in south Florida, brought legal actions against Association members, one of whom was a veteran, to prohibit the flying of United States flags on the homeowner’s/veteran’s property.
As the Homeowners Association had restrictive covenants with regard to flagpoles and the flying of flags, the Association sought to enjoin this conduct, and to obtain a judgment against the homeowner for the attorney’s fees and costs of the covenant enforcement proceeding.
Some members of the Florida Legislature were incensed by this action, and revised the Florida Homeowners Association Act, amending Chapter 720.304, to address this issue.
Under Florida Statute 720.304(2) (which would supersede and take precedence over any Homeowners Association documents), the Statute specifically states that a Homeowners Association must allow:
…one official United States flag, not larger than 4 ½ feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag.
While the Statute effectively negates any Homeowners Association rules, regulations, or covenants, with regard to the specific flags listed in the Statute, a question remains as to whether an Association may restrict other types of flags, particularly flags that may be linked to political organizations, advocacy groups, or other specific causes.
The revisions to Florida Statute 720.304 would not eliminate a Homeowners Association’s ability to regulate flags or banners other than the specific flags listed in the Statute. Many Associations do have restrictions on displaying any flag, other than those set forth in the Statute. Because an HOA would have authority to reasonably control the appearance of a lot, that authority may extend to prohibiting any additional flags, banners, or similar displays. If your Homeowners Association does have such restrictions, or is considering imposing new restrictions, it is important to ensure that any such covenants or restrictions are evenly applied. (Permitting one advocacy group to display its flag or banner, and prohibiting another advocacy group, may not be enforceable).
Homeowners Associations today must be cognizant of the political and social environment of which the Association is a part and should adapt its covenants, rules and regulations to reflect the changing social environment.
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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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Announcing
Our April
Webinars!
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Here come our April Webinars and this month there are two brand new webinars .
Here's the scoop on each of them and the link to register for more information.
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Elements of
Community Association Insurance
Thursday, April 22nd
6:00 - 7:30 p.m.
This Class is being offered for One (1) Manager Credit
Course No.: 962817
Community Associations can be complex and each association will have their own unique set of exposures and liabilities. During the presentation, the speakers, will help simplify and walk you through the insurance process and the major coverages each Community Association needs to be aware of as they purchase their insurance. This course will touch on state statutes, underwriting requirements, different types of carriers available, and coverages all associations and their managers should understand. Whether you are experienced or just starting in Community Associations this course will provide a level of content for everyone.
Speakers: Jared Pizzuti and Kevin Halvorsen
of Sihle Insurance
Registration Deadline: 3:00 p.m.,
Tuesday, April 20th
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Bad Board Members:
What 'Ya Gonna Do When
They Come for You?
Thursday, April 29th
6:00 - 8:00 p.m.
Door Prize Awarded
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 the Association’s records once they leave office, or a multitude of other issues. So, what can you do with a bad board member? Can they be removed from the Board? What can you do to rehabilitate a bad board member (or can you)? Our Attorney will delve into these issues offering possible legal solutions while our Director of Public Relations (an experienced board member who has networked with thousands of associations) will offer practical solutions and insight into the situations.
Featuring Partner, Russ Klemm, and our
Director of Public Relations, Arlene Ring
Registration Deadline: 3:00 p.m.,
Tuesday, April 27th
Related Classes You Might Be Interested In
Another class that relates to this class that you might be interested in is "Who Does What?!! Officers Duties Breakdown." Please scroll up for more information on this class and/or to make a reservation.
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Upcoming
Free 2021
Webinars
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What?!! We Can Be Sued
Because of Our Website?
Thursday, May 20th
6:00 - 8:15 p.m.
Door Prize Awarded
Did you know that you can be sued because of your website? What should or should not be on your website? How can you improve your website? Learn about the legalities of Community Association websites, what should be (or should not be) on your website, and design tips. Our Attorney will cover the legal aspect while our Guest Speaker will provide you with information on ways to maximize your website to assist in the operation of your Association.
Featuring Partner, Alan Schwartzseid and
Guest Industry Expert,
Joshua Adams of Rock Paper Simple
Registration Deadline: 3:00 p.m.,
Tuesday, May 18th
Related Classes You Might Be Interested In
Another class that relates to this class that you might be interested in is "Are You On the Eve of Destruction: Effective and Destructive Posts for Associations." Please scroll up for more information on this class and/or to make a reservation.
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Mini Legal Update for Board Members
(and Managers, Too)
Thursday, June 24th
6:00 - 8:15 p.m.
Door Prize Awarded
Community Associations live and die by laws passed (or sometimes not passed) by the Florida Legislature. In this class, our attorney will discuss the new laws affecting Community Associations and what may be coming down the pike. We are honored to have State Representative Anna Eskamani with us to cover key points of legislation from the recent Legislative Session as well as take your questions. Don’t miss this important class.
Special Note: While managers are welcome to attend this event, this class is not the legal update class required for the CAM license.
Featuring Senior Partner, Ken Clayton,
and the Honorable State Representative,
Anna Eskamani
Registration Deadline: 3:00 p.m.,
Tuesday, June 22nd
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2021 Live Question & Answer Sessions for Condominiums and Cooperatives
Thursday, August 19th
6:00 - 7:45 p.m.
Door Prizes Awarded
This class was created for those individuals who took our CM On Demand Condominium and Cooperative Board Certification Class. There is no subject matter taught at this event - just pure Question & Answers. As the CM On Demand class was pre-recorded there was not a Q&A session included in the class, this class meets that need!
Those individuals who took one of our live Condominium and Cooperative 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 Statutes 718 and 719 only. Please check your Association’s Governing Documents to ensure that you are governed by one of these Statutes before making a reservation as we would not want you to discover that you took the wrong class.
Speaker(s) to be announced
Registration Deadline: 3:00 p.m.,
Tuesday, August 17th
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Are You On the Eve of Destruction?
Effective and Destructive
Posts on Social Media
Thursday, August 26th
6:00 - 8 p.m.
Door Prize Awarded
Social media is a very effective method to keep residents advised of important events and operations of community associations. It can be a blessing and a curse for Community Associations. You can post something that you feel is great, but then comes the backlash! Wording a post the wrong way can result in bad press for your Association and even possibly, litigation. So how can you maneuver these tricky waters and make social media work for your Association and avoid the pitfalls? Our goal is to help you hit a home run and avoid a blow out for your Association.
Our attorney will discuss the legal pitfalls of social media and Shelby Rogers of the Marketing Firm, On Target, will discuss how to turn social media into a bonanza for your Associations and what not to do.
Featured Speakers: Partner, Alan Schwartzseid and
Shelby Rogers of On Target Marketing Group
Registration Deadline: 3:00 p.m.,
Tuesday, August 24th
Related Classes You Might Be Interested In
Another class that relates to this class that you might be interested in is "What?!! We Can Be Sued Because of Our Website?" Please scroll up for more information on this class and/or to make a reservation.
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2021 Live Question & Answer Sessions for
Mobile Home Parks
Thursday, September 23rd
6:00 - 7:45 p.m.
Door Prize Awarded
This class was created for those individuals who took our CM On Demand Mobile Home Park Board Certification Class. 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 included, this class meets that need!
Those individuals who took one of our live Mobile Home Park Board Certification Webinar Classes are also welcome to join this class. Attended another company's Board Certification Class? No problem! You are still welcome to attend.
This class is for those Associations governed by Florida Statute 723. 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, Russ Klemm
Registration Deadline: 3:00 p.m.,
Tuesday, September 21st
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Who Does What?
Officers' Duties Breakdown
Thursday, September 30th
6:00 - 8 p.m.
Door Prize Awarded
Think you know what responsibilities each Board Member has? What does the Vice President do? This class will cover the responsibilities of officers on the Board and a few that you may have overlooked and/or had not considered. We will also cover items that every Board Member should know about their Association. Our mission is to maximize the efficiency of your Board by attending this class. This class is taught by Arlene Ring. Partner, Alan Schwartzseid will be available to answer legal questions.
Featuring our Director of Public Relations,
Arlene Ring, and
Partner, Alan Schwartzseid
Registration Deadline: 3:00 p.m.,
Tuesday, September 28th
Related Classes You Might Be Interested In
Another class that relates to this class that you might be interested in is "Bad Board Members: What 'Ya Gonna Do When Come for You?!!" Please scroll up for more information on this class and/or to make a reservation.
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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.,
Tuesday, October 12th
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Coyotes, Bears, & Toads - Oh My!
Thursday, October 28th
6:00 - 8:30 p.m.
Door Prize Awarded
Florida is being over-run with several invasive and nuisance animals:
- Coyotes are running rampart killing pets;
- Bears are entering our communities with no fear;
- Poisonous cane toads are encroaching on Central Florida with fatal results for our pets;
- Feral pigs are destroying property and threating property owners;
- Irresponsible pet owners allow their dogs to run free to possibly attack your residents and other pets.
This class is based on one of the most talked about subjects on social media - especially on Nextdoor. This class will deal with the nuisance animal population that is increasing and affecting residents of communities. What steps, if any, can an Association take to deal with these nuisance animals? The objective of this class will help you identify the problem and suggest possible solutions to this growing area of concern. This class was one of most requested classes from Board Members over the past two years. Our Attorney and one to two Guest Speakers will host this class.
Featuring Senior Partner, Ken Clayton
and Guest Speakers,
Leo Cross of Florida Wildlife Trappers, and
Lauren Barth from Florida Wildlife Commission
Registration Deadline: 3:00 p.m.,
Tuesday, October 26th
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CM On Demand Classes
We now feature both Board Certification Classes and our Vendor Panel discussion, "Oh, What A Night!" on demand.
You can take these classes at 2:00 a.m. on a Saturday or whenever your heart desires. There are deadlines to view the Board Certification classes.
Some points to remember:
- Please don’t sign up for the class unless you have put aside 2 – 2 ½ hours to view the Board Certification Class within twenty-one (21) calendar days of making the reservation. "Oh, What A Night!" has no restrictions.
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Do not share any of these links. This is an automated system and if you share it with someone else, they will not receive credit. Each person must complete the reservation form themselves. If you want to take more than one class (e.g., the HOA and the Condo class), complete two separate forms putting the Association’s name that you are signing up to receive certification for.
- If we do not receive a survey within twenty-four hours of your completion of the class (be honest as the webinar software is a tattle tale and will let us know if you are naughty), we regret that we cannot provide your certification.
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Upon successful completion of the course, you will receive your Certificate within thirty-two (32) business (not calendar) days.
For the most part, this is an automated system. Please read the website and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the 32 business days.
Please review your Reservation form before hitting the "Submit" button as errors will 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!
To find our new CM On Demand classes, click on the button below. Then simply select which class you want to take. Upon completing a short registration form, you will receive an instructional email with the link to the class and instructions to how to receive your Certificate of Attendance.
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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Here's What People Are Saying About this Class!
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
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Don't Want to Take the
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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Don't Forget to Add CM as
Your Registered Agent!
The deadline is coming up! It's time to start filing your Annual Corporate Report. The report is due by May 1st. Please remember that as one of our clients, we will act as your registered agent on a complimentary service. For more information why your law firm is the best entity to be your registered agent rather than a board member or your manager/management company, please see our December issue of the Green Marble which is on our website under publications.
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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
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Follow Us On LinkedIn and You Will See:
- Legal Articles for Community Associations
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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. Check out our videos below by clicking on the YouTube logo next the person's name.
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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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Melbourne Office: Suntree/Viera
Baytree Corporate Park
1301 Bedford Drive, Suite 102
Melbourne, FL 32940
Phone: (321) 751-3449
Fax: (321) 751-3450
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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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