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- "What An Owner's Bankruptcy Means For Your Community"
- The Animal Corner
- Upcoming Seminars/Events/Meetings
- Who Is The Most Awesome In Your Association?
- 2nd Quarter Most Awesome Manager Winner
- 2nd Quarter Most Awesome Board Member Winner
- The Frustration of ARC Requests Submitted After The Fact
- The Wait Is Over For The Florida Statute Organization Service!
- Did You Know?
- New Seminar Coming Your Way
- Quote Of The Month
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"What An Owner's Bankruptcy Means For Your Community"
Owners' bankruptcy filings can create many challenges for community associations seeking to collect or otherwise resolve past-due balances owed by the debtor. For example, even where the owner and association agree to settle the debt, if the owner has an active bankruptcy case, the settlement must be approved by the bankruptcy judge. In considering the settlement, the judge's primary concern is generally the proposed settlement's effect upon the bankruptcy estate (i.e., the assets available to all creditors), rather than resolving the debt owed to the association.
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The Animal Corner
D
o You Love Fred the Basset?
Basset Hounds. Fred the Basset. The Hush Puppy Dog. Those floppy, long ears, short legs, and ultra-sad eyes. Do you love basset hounds? Did you know that there was a rescue group just for Basset Hounds in Florida?
Suncoast Basset Rescue (
www.suncoastbassetrescue.org) is a 501(c) non-profit organization dedicated to rescuing basset hounds statewide in need from shelters (to avoid euthanasia), hoarders, owner surrenders, and strays. Rescues do wonderful things for pets. This author heard a story about a dog whose mother owner passed several months ago and the father owner died last week. The father was not found until several days later with his devoted pup laying partially, lovingly, on his deceased body. The basset is a very devoted, loving dog. SBR never refuse a basset or a basset mix in need. Our Director of Public Relations has adopted from this rescue and fosters for them.
Once in SBR's protection, the basset is brought to a vet where his medical needs are attended to, bring the pup up to date on shots, microchipped, and perform a spay/neuter procedure. They are then transferred to a residential foster home where they are spoiled rotten by the family of the foster. After sufficient time has passed to assess the basset's needs, the dog is then available for adoption. You will know all of the dog's special idiosyncrasies, habits, if he is good with other pets/kids, housebroken, etc. SBR will ensure that you have the right dog for your lifestyle.
But all this takes money. SBR is holding their Annual Auction in August to raise money for the medical needs of these pups. If you would like to donate an item, gift card, or a cash donation, please visit their website or contact our Director of Public Relations. All donations are due by August 1. If you would like to attend the dinner auction at the DoubleTree Hilton - Sea World on Saturday, August 25, 2018, please make your reservation on SBR's website.
Interesting in fostering a dog? All you provide is the love and food and SBR picks up the rest. Perhaps you would like to adopt a basset. For information on fostering or adopting, please visit their website.
Won't you please open your heart to these dogs in need?
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Upcoming Seminars/Events/Meetings
Our upcoming seminars and events are listed below.
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The June 2018 Official State Approved Board Certification Class
Did you know that the Florida Legislature passed legislation a few years ago requiring every Board Member to take this class? If you went off the Board for even a day, you must re-take the class. Or execute an Affidavit stating that you have read and understand your Documents, the ramifications of non-compliance, and agree to enforce your Documents. Make sure you attend this year's Certification Class to get the scoop on what is expected of you as a Board Member.
Thursday, June 28
- Hosted by Clayton & McCulloh
Holiday Inn - Space Coast Convention Center, 301 Tucker Lane, Cocoa.
Begins at 6:30 p.m. Partner Brian Hess will be presenting a "COA/Co-Op Board Certification Class". This complimentary class includes appetizers and beverages.
Register here.
Now What? The 2018 Mini-Legal Update
Every year, new laws are passed by the Legislature. New case law affects our communities. How is a Board Member or Manager able to keep up on the changes that transpire? Sit back and let Attorney Brian Hess update you on what is
Tuesday, June 26 - Hosted by Clayton & McCulloh
Holiday Inn - Space Coast Convention Center, 301 Tucker Lane, Cocoa. Begins at 6:30 p.m. Partner Brian Hess will be presenting a "Now What? The 2018 Mini-Legal Update". This complimentary class includes appetizers and beverages.
Register here.
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Who's The Most Awesome In Your Association?
Board Members and Manger 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 3rd Quarter "Most Awesome" nomination deadline is Friday, July 20, 2018.
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!
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2nd Quarter Most Awesome Manager Winner:
Patricia Rowe, Manager at the Four Seasons Condominiums
Clayton & McCulloh is proud to present the Most Awesome Manager Award to Patricia Rowe, Manager at the Four Seasons Condominiums of Winter Park. Congratulations, Pat!
Read the full story
here.
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2nd Quarter Most Awesome Board Member Winner:
Sue Massaroni, President
at Bunker Hill, Inc.
Clayton & McCulloh is proud to present the Most Awesome Board Member Award to Sue Massaroni, President at Bunker Hill, Inc. Congratulations, Sue!
Read the full story
here.
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The Frustration of ARC Requests Submitted After The Fact
By: Robert Thomson of ARC Tracker
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All too often I have heard ARC members wonder what to do with those pesky homeowners that insist on performing exterior work on their homes without getting approval and who then end up sending in a belated application for approval. This wonderment is usually tinged, if not flooded, with a degree of frustration and the usual expressed intent is to "Deny this request automatically because they did not seek approval prior to performing the work."
Clayton & McCulloh, P. A. explains that the end game for communities aggressively enforcing covenant violations is to establish credibility (i.e. the goal of an HOA with regards to violations is not really to be in the business of constantly enforcing covenants but rather make it clear to the community that violations WILL be enforced, through the courts if necessary.) Once this understanding is in place in the minds of the community, the enforcement job of the association becomes much easier as homeowners think twice about
violating covenants knowing that the association is committed to enforcement.
This same principle applies to architectural review. The practice of denying all late requests out of hand will end up destroying the credibility of your association because, more than likely, your association does not have the appetite to expend the time and resources pursuing homeowners that were denied approval for work that meets with the covenants and guidelines anyway. So, the denial will sit on the books gathering dust and demonstrating to fellow homeowners that denials from the ARC are meaningless. Not the reputation your ARC or association wants to have.
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Conversely, if the homeowners believe that a denial of a request will be enforced to the fullest extent available to the association, then they will think twice about the risk of applying for approval AFTER the project is completed. It only takes one or two strictly enforced denials to establish the credibility desired. So, there is no need to make the architectural committee and board appear ugly and petty by making a big deal denying projects completed prior to approval. Instead, follow the old adage: "walk softly but carry a big stick." Evaluate each application on its merits regardless of when the application was received. However, make a point of denying where appropriate, and following through on the denial. This may involve requiring the homeowner to repaint the house (at their expense, of course), take down a non-compliant fence, etc. News of this will get out quickly to the community and you'll find that the practice of post-completion approval applications will be dramatically reduced.
For more information or additional Architectural Review Committee (ARC) content please visit
www.arctracker.com. I
f you have any additional ARC questions or are interested in the offerings of ARC Tracker,
please contact Robert Thomson at (201) 208-2272. This article is being presented within our "Green Marble" Newsletter as part of their sponsorship of our Community Connect Chat Seminars.
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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)
Each book features a custom forest green binder with gold inlay. Chapters are tabbed and each page has been placed in a sheet protector. The books include the various Statutes relevant to the particular book's community type plus a bonus of numerous educational, legal information articles on the basics of operating your Community Association.
These articles include the following topics:
Amending Governing Documents
Collections
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. We regret that we cannot accept credit cards or cash at our seminars. Checks only at our seminars, please.
Size upgrades are available (at additional cost) if you want more space to add your own notes or even your Associations governing documents.
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Did You Know?
Hiring a Management Company:
While you probably know that an individual managing an association must possess an active CAM License*(CAM), did you know that the management company must also have a special license? Florida Law requires a management company to have a community association management company license if they are going to manage a condominium, homeowner association, or cooperative. Before hiring a management company, you might want to consider asking for their CAB license which is different from a CAM license.
If you are looking for a new management company, please remember that we have a complimentary management company referral service for both clients and non-clients. If you have any questions regarding a management company license or our referral service, please call our Public Relations Department.
*Associations using a manager that have 50 units or more and/or that have an annual budget of $100,000 must use a manager with a community association manager license. Communities not falling into those categories do not require a licensed CAM manager.
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Brand New Seminar Coming Your Way
A Must For Every Association With Or Looking For A Manager
This October, we are hosting a unique seminar that we have not seen presented anywhere else. It's our new "Selecting and Working More Effectively with Managers" seminar. This 1½ hour course prepares Board Members in the selection process of a 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
- What a manager can and cannot do for the Association
- Realistic expectations of your manager
- Ways to work more effectively with your manager
- Understanding your manager's role
Our Director of Public Relations, who has worked with numerous management companies and managers over the past 27 years, will host the first part of the program on selecting a manager. The second part of the program will be a manager speaking on how to more effectively work with your manager. This part of the class will feature a manager who does not service the area that the seminar is being hosted in. For example, for the Melbourne seminar, a manager who does not service the coast will be the featured speaker. The same for the Maitland seminar. This avoids any conflict of interest and provides the attendee with the comfort of being able to ask any question.
Also as part of this class, we will have an informal, round-table discussion on any facet of community association management. For more information or to register
click here.
Sign up now as space is limited!
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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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You are receiving this e-mail as you fall into one of the following categories:
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