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

Thank you, Thank You, Thank You...
-  Developing Risk to Associations Resulting from Wild Bears
-  Coming Attractions
-  The Florida Fish and Wildlife Conservation Commission 
      Provided These Tips in Case You Should  
   Meet a Florida Black Bear:
-  Executive Producer Highlight
-  How to Protect Your Home From Coyotes
-  Pet Corner - Dachshunds Seeking Forever Homes Rescue
-  Kudos
-  Who's The Most Awesome In Your Association?
-  Limited Edition Most Awesome Board Member Mug
Featured Flat Rate Service - The ARC Template
-  AACONA - Valuable Resource for Community Associations
-  Closed for Good Friday!
-  Want to be Featured on our Web-Site?
-  Quote of the Month
-  April Birthdays

Thank You, Thank You, Thank You...

You did it again! Thanks to your continued support, once again we are honored that you voted for us.  Five years in a row your votes put us in the Diamond Club Level (the highest award possible), an award not easily won!
 
We are so humbled by your confidence in us and will strive to continue to maintain that support. Clayton & McCulloh works with the greatest board members and managers by far.
 
Developing Risks to Associations Resulting from Wild Bears

As Floridians should be aware, Florida is inundated with bears. In fact, many communities experience bears riffling through their dumpsters and trash cans. Therefore, Owners need to be vigilant with respect to when their garbage is put out, as well as, how it is contained. Hopefully, your community is aware that members can purchase and obtain "bear-proof" trash cans. However, you may not be aware that communities with dumpsters can actually purchase bear proof dumpsters. Unfortunately, communities whose dumpsters are not bear proof, or where the residents fail to properly place their trash in the dumpster and properly close and secure the dumpster - may be at risk.
 
As numerous communities have experienced, people often refuse to even put their trash in the dumpster as it is easier to just put it on the ground next to the dumpster.  These people, apparently, expect someone else to properly handle their trash.  Unfortunately, this is a further invitation to bears. In fact, this creates a situation that invites the bears to routinely return to the subdivision for an easy food source.  Therefore, even if your community has bear proof dumpsters, if the Owners do not want to take the time to either put the trash properly in the dumpster or properly close and secure the dumpster, the Association's risk may be escalated and the Association may be exposed to potential risk and liability.
 
What may surprise many of you is the fact that Associations who take positive steps to reduce the threat associated with bears can inadvertently escalate their risk.  In fact, we have even encountered instances where Association(s) have invited the Fish and Wildlife Commission to come speak to their residents about the risk and danger. Unfortunately, an Association's risk can be escalated depending on how Fish and Wildlife handle(s) the situation. Do not be surprised if Fish & Wildlife point out (in front of all the Owners) the Association's risk and potential liability if the Association fails to have bear-proof dumpsters or if its dumpsters are situated in locations not of their liking. Of course, from a practical perspective, if this occurs, and the Association fails to implement the recommendations of Fish and Wildlife, the Owners have been apprised that they may have a claim in the event of a bear attack, etc. Further exacerbating this problem is the fact that often the dumpster locations were set up by the Developer and it is often difficult, if not impossible, for the Association to realistically change the dumpster locations.  Even if they can be moved, and even if a viable location exists, understand the practical problems the Association is going to face when it moves a dumpster closer to one Owner and away from another Owner. You can count on the Owner(s) who are now nearer to the dumpster to complain and object. Therefore, when you encounter these types of situations, consider discussing such matters with your Attorney in advance to minimize the exposure and risk to your Association.

Here is an alternate suggestion:
Further exacerbating this problem is the fact that dumpster locations were usually set up by the Developer and it is often impractical for the Association to relocate them after all other infrastructure has been established.

Only Two Saturday Board Certificatio ns left!

Join us for the Hollywood Premiere of "The Magnificent Board Members:  The 2019 Board Certification Class"  in two very special locations (see below for dates and locations).  Doors open at 8:00 a.m. and classes start at 8:30 a.m., end approximately 12:45 p.m.  There will be Interview Sessions (Question
This year is all about mixing fun with legal information! Join us for the festivities. Dress is casual, but if you want to join us in Hollywood attire - you might win an Oscar!

and Answer time) during the Blockbuster Premiere  and additional

individual interview time to ask all those "off the record" questions at the Wrap Party!  Walk the red carpet and the Hollywood Walk of Fame!  We might even have the paparazzi calling to you asking "What designer are you wearing?"

We even have an Oscar Presentation!  Yes sir, you might win an Oscar for Best Board Member or for Best Dressed.  Dress is casual unless you want to join us in wearing Hollywood Premiere attire and if so, you might win the Oscar for Best Dressed.

Want an extra chance at free swag? Bring a pet item to be donated to the abandoned pets of Central Florida and get an additional swag ticket.  Please help us to make these abandoned pets' lives easier until they find their "forever" home.
 
Featuring separate HOA and Condo/Coop classes, these are the last two Saturday morning classes of the year.  For information and to make a reservation, see the information below.

Calling all Brevardians!   On March 30 , join us for the Premiere of "The Magnificent Board Members: The 2019 Board Certification Class" in Melbourne.  Continuing with our Hollywood theme, you can walk (literally) the red carpet at the Oasis at Palm Shores (the Space Coast Realtor Building off Wickham Road) into our separate HOA and Condo/Coop Board.  Plenty of parking and a "limo" (shuttle) to take you to the front door should the parking lot be full.

Calling Polk County!   On April 26 , join us for the Premiere of "The Magnificent Board Members: The 2019 HOA Board Certification Class" in Lakeland.  Come walk the red carpet at the Flying Tigers 34 Club at Publix Field at Joker Marchant Stadium.

Select the Condo/Coop class or our HOA class . Space is limited this year so sign up now to enjoy the glitz!
Having
Collection of Delinquent Assessment Problems?
Sign up for this Seminar!

Attorney,  Alan Schwartzseid is presenting "The Never Ending Collection Story" at our Melbourne Office on Tuesday, April 16, at 6:30 p.m.  This will be the last time that this informative Hollywood Premiere will be featured at our Melbourne Office.  Covering all you need to know about collections in a one hour class, our Leading Man will be on hand early and after the event to any questions not covered during the seminar.
Register here!


The Florida Fish and Wildlife Conservation Commission Provided These Tips in Case You Should Meet a Florida Black Bear:


Q.
What do I do if I see a bear?
A.
If you encounter a bear at close range, remain standing upright, back up slowly and speak to the bear in a calm, assertive voice. Do NOT feed or intentionally attract bears. If a bear eats something on your property, take note of what it is and secure it once the bear leaves. NEVER approach or surprise a bear. If you see a bear from a distance, enjoy the experience, but do not move toward the bear. If you are close, do not make any sudden or abrupt movements. Back away slowly and be sure the bear has an obvious escape route.

If you are in your yard, make sure you are in a safe area and that the bear has a clear escape route. Then, make noise or bang pots and pans to scare the bear away.
Do NOT turn your back, play dead, climb a tree or run. Back away slowly into the house or a secure area.   Avoid direct eye contact. Bears and many other animals may view this as aggressive behavior.
Report any bear that is threatening the safety of humans, pets or livestock to the FWC's Wildlife Alert hotline, 888-404-FWCC (3922). Cellphone users can call *FWC or #FWC.

Q.
Are black bears fast runners or good climbers?
A.
Absolutely! Bears can run up to 35 mph and climb 100 feet up a tree in 30 seconds.

Don't run. Running triggers a chase instinct in many animals, including bears. You can't outrun a bear.

Don't climb a tree.  Bears are excellent tree climbers.  Mother Black bears often send their cubs up a tree when they sense danger.  You don't want to end up in a tree with a couple of cubs above you and a mother bear below you.  If a bear chases you, you'll just end up fending off a bear in a tree rather than on the ground.

Don't play dead or turn your back on the bear.  Back away slowly, make sure the bear has a clear escape route. Stop and hold your ground if your movement away seems to irritate instead of calm the bear.

If bears feel threatened, they may clack their teeth together, moan, blow, huff or paw the ground. The bear is showing that it is as uncomfortable with the situation as you are.  These are not indications of aggressive intent or an imminent attack.  Truly predatory or aggressive black bears are eerily silent.

Q.
What do I do if the bear stands up on its hind legs?
A.
If the bear stands up, this is NOT an aggressive behavior.  The bear is only trying to see you better to figure out what you are and assess whether or not you are a threat.  Back away slowly, making sure the bear has a clear escape route.

Q.
W hat do I do if a bear comes toward me or attacks?
A.
If the bear paws the ground, huffs and puffs, clacks and snorts, or runs directly at you but stops before reaching you and returns to where it started, it is trying to scare you off. If you stand your ground, the bear will likely stop and move away.  No matter what happens, do not run away.  Continue slowly backing away, talking and holding up your arms.  The bear may charge or vocalize several times until it is comfortable turning its back on you and leaving.

While there have been no predatory bear attacks on people in Florida, more than a dozen people have been bitten and scratched by bears defending themselves, cubs or food sources.

If a black bear attacks you: Fight back aggressively. People in other states have successfully fended off black bear attacks using rocks, sticks or even their bare hands. Bears are wild animals and must be respected. Even though they are typically quiet and shy animals, they have the potential to seriously harm humans. Do not take unnecessary risks.



Executive Producer Highlight

This month, we are highlighting one of our Executive Producers, Paradigm Broadband Group.  Paradigm is a community broadband consulting firm that works with associations across Florida. They negotiate Internet, Cable, Video, Phone, Security and Home Automation products.
 
We asked CEO, Don Johnson, about how his company can assist your association:

Q:
How can Associations benefit from your service?
A:
"Over the last 35 years, our firm has represented over 3,000 properties,

approaching over a million residences in total. By knowing the most recent terms, systems and best service providers, we bring you the knowledge and expertise to help you make an informed decision on your telecommunication services."

Q:
What is the one thing that people probably won't know about your service?
A:
"In just the last three years, Paradigm has conducted over 30,000 surveys of residents in communities like yours.  Our firm is uniquely qualified to assist you in understanding where the market is and is going, and to prepare yourself for what is going to happen."

Q:
From your experience, what advice would you give to an Association?
A:
"Many associations who represent themselves in this area attempt to learn about the industry and its products from vendors directly? This is a flawed technique because it is biased in its results. In my opinion, an association should seek a consultant to represent them in negotiations of this kind."

Q:
How can an association save money by using your service?

A:
"On average, our firm saves individuals in the communities we represent over $100 per month per resident. In addition, we procure compensation from providers averaging over $500 per home in access fees paid to the community by the provider. Because Paradigm represents tens of thousands of units at any given time, we create leverage for our association clients that they cannot achieve by themselves."
Q:
What sets your company apart from your competition?
A:
"There are not many consultants that represent associations in Florida generally. Paradigm is well known for a comprehensive service package including free surveys, a four-round RFP (request for proposal) process, project management services, and a "life of the contract" on-call consultation service. In short, we do more than anybody else!"

If you want to learn more about Paradigm, you can contact Don Johnson at 352-394-0288, or at [email protected].

Coyotes in the Community
By Lynn Rupp, Marketing Representative

Numerous communities throughout Central Florida are experiencing encounters, many of which are very unpleasant, with coyotes. Numerous coyotes are in the Metro West area are responsible for the deaths of several pets. West Orange county cities, Ocoee, Windermere, and Winter Garden also report sightings of this predator roaming their neighborhoods. Os ceola County issued a rabies alert after two people were bitten by a rabid coyote.   A Manatee County family's four dogs were left in their fenced yard while the owner was shopping and all four dogs were killed by a coyote.


Tips for Protecting Your
Property and Pets from
Coyotes
1.
Secure all trash cans (a potential food source).

2.
If you feed your animals outside, bring the food and water dishes in once your pet has finished eating - especially at night.

3.
As birds are one of their food sources, bring your bird feeders in at night or better yet, don't erect a bird feeder.

4.
Fences that are at least six feet high and 12" to 18" inches in the ground are deterrents. Regularly inspect your fence bottom for any spaces for a coyote to enter. They can scale a fence with a small dog or cat in their mouths.

5.
Install motion sensor lights and solar lights around your property. This will help you rest easy at night.

6.
Take your pets in at night. If you walk your dogs, keep them on a 6' or shorter leash.

7.
Keep your shed and garage doors closed especially from dusk until dawn.

It 
can be scary to 
see or hear coyotes roaming around your neighborhood. Normally coyotes do not enter dense urban communities, but as their natural habitat is shrinking due to subdivision growth their presence in our neighborhoods grow. Coyotes, normally feed on deer, livestock, squirrels, mice, raccoons, opossums, and other small wildlife, but they will also attack our pets with cats and small dogs being a particularly favorite meal. It is rare for a coyote to go after a human.

Coyotes are the size of a medium-sized dog (averaging 28 lbs. with a paw print of two inches) that are in the same family as wolves and foxes. They are habitat generalist.  They live in all types of habitats in Florida, except heavily populated urban areas. They are opportunistic omnivores, meaning they are scavengers that will eat whatever animal and plant material that is most abundant in their habitat. Coyotes help keep the rodent population under control, so they are essential to Florida's eco-system.

Coyotes were brought to Florida in the 1950's and 1960's as bait to train foxhounds. They are now in every State except Hawaii. They are most aggressive during February and March, which is their breeding season, and give birth in April to four to seven pups. During this time, they are more frequently seen during the day. They generally hunt from dusk until dawn. While they can attack solo, they are known to bait their prey by teasing it and running luring it into the pack to be ambushed. They generally kill by snapping the neck of their prey.

The Florida Department of Agriculture and Consumer Services allows coyotes to legally be hunted to help control the coyote population.  South Carolina recently introduced a bill placing a $75 bounty on coyotes.  Feeding coyotes is prohibited by law.  

If You Should Encounter a Coyote
  1. Make a lot of noise. Keep a whistle, air horn, pots, empty soda can with rocks in it, or anything handy that makes a lot of noise to scare the coyote away.
  2. Make yourself appear larger. Wave your hands up in the air or hold objects above your head to make yourself appear larger than you are.  Be loud and bold.
  3. Never run away.
  4. Keep a can of pepper spray or an air horn with you.
  5. Keep your dogs on a short leash (4 foot or less is preferable) from dusk to dawn or when you are near a wooded or heavily foliage area or someplace you may stop to rest. There are also special padded vests you can place on your dog to potentially lessen the severity of an attack.

Pet Corner - Dachshunds Seeking Forever Homes Rescue

Starting with this issue, each month we will feature a different non-profit 501 (c) rescue from around Central Florida and perhaps feature one of their pets available for adoption. Our first featured rescue is Dachshund Seeking Forever Home Rescue (DSFHR), one of the newest rescues in Central Florida based out of the Tampa area. Adoptions are available statewide.

Meet Miss Cookie!

Dachshund Seeking Forever Home Rescue is happy to announce Cookie, our 10 pound Chiweeni (part Chihuahua part Dachshund, is finally ready for her forever home!  This sweet, loving little girl has recovered from past difficulties and doesn't let anything get her down.
 
Cookie is 6 to 8 years old, house trained (but will also use a potty pad if the weather is bad; she even scratches at the door to let you know it's time), is up to date on her shots, is spayed, and has had recent dental work. She needs to be an only dog as she has some issues with food aggression.  This little darling would love a fenced back yard so she can sunbathe and chase lizards.
 
Her favorite hobby is sitting with her human on the couch.  There is one thing she does not like: car rides.  She is definitely not a travel companion, but she is a great guard dog.  Her adoption fee is 125.00. 
 
If Cookie sounds like what you are looking for or you are interested in another dog, please call Tia for more information at (941) 999-0077.  The rescue's e-mail is [email protected] and they are also on Facebook.   Visit their web-site at   https://doxierescue.wixsite.com/dsfh 


Did a member of our firm go over and beyond the call of duty for you? Did we get great results for your Association?  Did you enjoy our seminars?  Was someone particularly helpful to you? Has one of our Valued Partner Vendors exceeded your expectations?

We strive for excellence every day and the firm likes to know when we exceed your expectations. We in turn like to recognize the team member who exceeded those expectations or secured desired case results. If you found that one of us fell into that category, would you please complete the form below? The member who is recognized will receive a set of your comments in an internal email to be placed in their personnel file. Additionally, with your authorization, your comments will be published in our newsletter, website, and Facebook page. Thank you for your consideration.

If you would like to give Kudos to someone at our firm please Click Here. We want to hear from you.
 
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 April 16, 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!




Limited Edition Most Awesome Board Member Mug
  

Do you have a Most Awesome Board Member?  Do you know of a Most Awesome Board Member?  You will need the
 Most Awesome Mug.  The Most Awesome Mug is a beautiful gold metallic, ceramic mug, that will keep your hot beverage warm.  The mug is a great gift to give the Most Awesome Board Member you know.  The mug is available for purchase at all of our seminars. If you would like to pre-order your mug and pick it up at one of our seminars, simply request the mug on your registration form, or you may order your mug directly from our website. The Most Awesome Mug cost $7.00 (tax included).  The mug is available for shipping for $15.80 (shipping and handling included).
Featured Flat Rate Service - The ARC Template

Has your Association been lax in enforcing your covenants and restrictions? Do you need a "re-set button?" Well, here's the answer - The Architectural Review Control Template ("ARC Template") service.
 
The ARC Template delineates numerous standard provisions which your Association can consider adopting as part of its covenants.  The clarity of the ARC Template will greatly assist the Association with the regulation of the external appearance of homes, as well as with the approval and disapproval of alterations, changes and additions (i.e., architectural control of the lots).  The ARC Template is usually an excellent starting point for the Association that wants to modify and enhance the clarity and enforce-ability of the architectural criteria and ARC Template restrictions for the community.  Clayton & McCulloh has drafted the ARC template to assist our clients in limiting the costs associated with substantially revising an Association's architectural control provisions. For more information about the issues/topics specifically addressed in the ARC Template, please request more information from us.  Clients, please contact our Coordinator of Client Services,   David Batan, and non-clients,   Arlene Ring, our Director of Public Relations, is your contact person.


AACONA - Valuable Resource for Community Associations

Do you live in the Apopka area?  Would you like to be able to "pow wow" with other Associations about solving the problems that come up in your Association?   AACONA might be the answer you have been searching for all this time.  This non-profit organization meets the 2nd Monday of each month at 6:30 p.m. at the old Florida Hospital, 205 North Park Avenue, Apopka.  AACONA meetings run about 1 to 1½ hours and many times feature a guest speaker.  There is always time for members to exchange ideas and ask questions of other associations on issues within their communities.
 
If you would like more information about this non-profit organization, please complete this very brief form (just contact information) and a member of AACONA will get in touch with you.

Want to be featured on our Web-Site?

Would you like your non-profit organization featured on our web-site? Did you know we have a page that is devoted to non-profit organizations with their meeting dates, times, and locations? We do! On our Resources Page , we list the non-profit organizations that are designed to service the needs of community associations. If we have inadvertently left yours off and you would like to add it, then please complete this  brief form . Please allow up to two weeks to add your organization to our web-site.

Quote Of The Month


Join Us In Celebrating These Birthdays!

April

Lillian Phelps, Willow Run  Homeowners Association - April 2
Dean Adler, Winding Hollow Homeowners Association - April 5
Mark Hills, Association Solutions of Central Florida - April 8
Art Swanton, Sentry Management - April 11
Amy Tyner, Kimberlea Condominium Association - April 17
Robert Woodrow, The Glens at Country Creek - April 18
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