The March Issue Includes: Williams Promoted to Collections Manager March Madness Webinars Owners Aren't Paying Their Assessments? Kudos We Won! Submit a Kudo Upcoming 2021 Webinars CM On Demand Board Certifications & Other Webinars Affidavit Request CM Closed April 2nd Add CM as Registered Agent Follow us on Facebook and LinkedIn Check Out our Individual YouTube Videos About CM Update Our Sponsors

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.

Williams Promoted to Collections Manager Racquel Williams has been promoted to Collections Manager to fill the position vacated in the unexpected passing of Michelle Tylutki in December. Racquel is a paralegal with over twenty years experience and has been with the firm for six years. She received her Bachelor of Science degree from Florida Memorial University in Miami. Racquel hails from Grand Bahama and is a wife and mother to two twin boys. Clients and our client manager may reach Racquel at any of our office numbers or by her email: rwilliams@clayton-mcculloh.com.

Don't Miss Our March "Madness" Webinars

Two brand-new webinars are being presented in March plus the only Live HOA Board Certification Class for the year! Here's the scoop on each of them and the link to register for more information.

The T’s of Telecommunications for Communities Thursday, March 18th 6:00 p.m. - 7:30 p.m. 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 Sponsor, 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. Speaker: Don Johnson Paradigm Broadband Group Registration Deadline: 3:00 p.m. Wednesday, March 17th

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In 2013, the Florida Legislature mandated that all Board Members take the Board Certification Class within 90 days of being elected to the Board or be removed from the Board. In lieu of attending the class, you may execute an Affidavit "opting out of the class." If you would prefer to waive the class, you may request the Affidavit by using this link.

2021 Live Homeowners Association Board Certification Class Thursday, March 25th 6:00 p.m. - 9:30 p.m. Door Prize Awarded Join our Partner, Alan Schwartzseid, as he guides you through what it takes to serve on a HOA Board of Directors. Whether you are an experienced Board Member or brand new to the Board, this 3 hour class will guide you through what it takes to serve on the Board. Even if you are already certified, consider taking this class as there is always new information presented. You may pre-submit your questions for this event on your reservation form. This is the only live HOA Board Certification class that we are offering this year. If you cannot make this class, please feel free to use our CM On Demand Board Certification classes at your leisure. Scroll down for more information on our On Demand Classes. Speaker: Alan Schwartzseid, Partner Registration Deadline: 3:00 p.m. Tuesday, March 23rd Related Classes You Might Be Interested In Two other classes that relate to this class that you might be interested in are "Bad Board Members: What 'Ya Gonna Do When They Come For You?" and "Who Does What?!! Officers Duties Breakdown." Please scroll down for more information on these two classes and/or to make a reservation.

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Also learn about hurricanes, tornadoes, sinkholes, and more! Absolute must attend class for every Board Member.

Working with Acts of God Tuesday, March 30th 6:00 p.m. - 8:15 p.m. Door Prize Awarded Normally, Community Associations just have to contend with hurricanes, tornadoes, fires, sinkholes, and severe storms. Last year brought us a pandemic with far-reaching repercussions. Our Senior Partner, Neal McCulloh, and Guest Industry Speaker, Lou Biron of Sihle Insurance, will address the legalities, serious issues arising in preparation and the aftermath of these acts of God, and possible solutions to these life changing challenges. Speakers: Senior & Founding Partner Neal McCulloh and Lou Biron, AAI, Sihle Insurance Registration Deadline: 3:00 p.m., Monday, March 29th Related Classes You Might Be Interested In Another class that relates to this class that you might be interested in is "Coyotes, Bears, & Toads - Oh My!" Please scroll down for more information on this class and/or to make a reservation.

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To view or make a reservation for our April or the rest of the year's webinars, scroll further down!

Owners Aren't Paying Their Assessments? CM Has Two Plans to Collect From Delinquent Owners CM offers our clients two options for the collection of delinquent assessments: a Limited Contingency Plan and a Flat Fee Deferred Payment Plan. First Option! About the Limited Contingency Plan We Don't Collect - You Don't Pay Legal Fees! We developed it specifically for associations like yours who are facing this dilemma every day. How do you justify spending more money on legal fees than you are owed in the first place? The problem is the question is valid, but also puts the Association at risk for not fulfilling your fiduciary obligations by not collecting or attempting to collect delinquent assessments – quite a quandary. No matter what the decision is under our old collection program, you had to make a choice with no easy answer. Now, the answer is super easy. The fees are contingent, that means if we can’t collect them from a third party (an owner or bank or from the proceeds of a sale) you don’t pay them, and we just don’t get paid for our time. That very rarely happens, but it is a risk that the firm has decided to take for our clients. You get to keep all of your interest, late fees, assessments – we do not take a percentage of your money. We are confident in ourselves and willing to risk not getting paid for our work. You do have to pay for the costs on the file, postage, copies, recording fees, filing fees, service fees, etc. If we have to pay someone for something out of our pocket, you have to pay that amount and the costs are billed monthly. As long as you do not interfere with our ability to get paid (i.e., tell us to close the file or to not proceed with collections) then you do not pay any legal fees for collection or the lien foreclosure process. To qualify for contingency the accounts must be less than twelve months delinquent (six months for Condominiums) with no open mortgage foreclosure or bankruptcy. We do the initial review and if a property doesn’t qualify, you will be sent an e-mail to let you know. You will then have the option of opening the matter under the flat rate program, or just taking it back and not authorizing us to take any action on it. If a property doesn’t qualify, you are not charged for time to investigate the property and owner. Second Option! About the Flat Fee Deferred Payment Plan No Money Upfront! We feature a flat rate deferred fee service (plus costs) for our pre-litigation collection efforts. It is during this pre-litigation stage that a title search will be conducted, the statutory notice requirements will be fulfilled and a Claim of Lien will be prepared and recorded in the Public Records. It is also during this period that we are commonly contacted by the owner to discuss their delinquency and resolve the account. The fees for Phase I of our legal services are deferred until we complete the pre-litigation stage and the case is ready to proceed to foreclosure against the delinquent owner. It is at that time that fees and costs for Phase I are billed to the Association. Of course, if the delinquent owner does bring the account current while we are handling Phase I of the Collection process, then we will collect our fees and costs directly from the owner.  If your Association has delinquent accounts that need to be handled by an aggressive, responsive Collections Department, call us! Alan Schwartzseid and his team of paralegals and support staff will exceed your expectations! Currently a client? Want to send some new accounts over? Contact either Racquel Williams, our Collections Manager (rwilliams@clayton-mcculloh.com) or Alan Schwartzseid, Partner Need Information? Contact our Coordinator of Client Services, David Batan (dbatan@clayton-mcculloh.com) or Racquel Williams, Collections Manager (see email above) Not a Client and Want More Information, Have Questions, or Want to Hire CM? Call our Director of Public Relations, Arlene Ring, at her direct line 24/7 - (407) 875-4429 or aring@clayton-mcculloh.com We are eager, ready, and willing to assist you! We are here for you because we are the firm that Embraces Community! Let us take the "bullets" for you and make you look good!

Clients Only- Submit a New Collection Case Here

On March 9th, Debra Zimmerman, a Manager with Evergreen Lifestyles Management, forwarded the following kind words: "I want to recognize the entire staff and attorneys of CM since I have had nothing but great experiences to boast about (and do often) to my Board of Directors. Every phone call, every question answered, and the follow-up on every level continues to provide superior customer service. So when you recognize one, please recognize all since it takes a village. All of you in my book are the very best. THANK YOU!" Debra, we were all just glowing when we received your kudo and will be for a long time! Thank you for being a simply wonderful manager and so easy to work with every day.

Every Year Since 2014! Just in case you missed it, CM was selected as one of the best law firms and among the top vote getters in all categories of 2021 Readers Choice Award sponsored by the Florida Community Journal. This award means so much to us because the selection was based on votes submitted by board members, managers, residents, committee members, and vendors servicing the Community Association industry. Thank you for your support. We are so humbled by your vote.

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.

Submit a Kudo

 Upcoming Free 2021 Webinars

View Our 2021 Webinar Selections Here

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 Apr Related Classes You Might Be Interested In Another class that relates to this class that you might be interested in is "Working with Acts of God." Please scroll up for more information on this class and/or to make a reservation.

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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 down for more information on this class and/or to make a reservation.

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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 Web 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 down 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 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 - 8:00 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 OnTarget 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 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 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 - 8:00 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 Related Classes You Might Be Interested In Another class that relates to this class that you might be interested in is "2021 Live HOA Board Certification Webinar Class." Please scroll up for more information on this class and/or to make a reservation.

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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; 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 Florida Wildlife and Wild Animal & Trapper Guest Speakers (to be announced) Registration Deadline: 3:00 p.m., Tuesday, October 26th Related Classes You Might Be Interested In Another class that relates to this class that you might be interested in is "Working with Acts of God?" Please scroll up for more information on this class and/or to make a reservation.

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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. 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. 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 reservation form and your Confirmation and Instructions email in depth as it will expedite receiving your Certificate within the 32 business days.  Please review your website 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?

Register for CM On Demand

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.

Request Affidavit

CM Closed April 2nd Our firm will be closed Friday, April 2nd, in on observance of Good Friday to allow our attorneys and staff time to be with their families on this occasion. We will re-open on Monday, April 5th. As always, our Director of Public Relations, Arlene Ring, is available to you on this holiday as well the rest of the 365 days each year. Our 24/7/365 number is listed in our Contact Information at the bottom of this newsletter.

Don't Forget to Add CM as Your Registered Agent! 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. Your Annual Corporate Report is due May 1st

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Follow our Director of Public Relations, Arlene Ring and you will receive: Articles addressing 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!

Have You Ever Checked Out Our Individual YouTube Videos? Did you know that several of our attorneys and staff have an individual video? No? Check out our videos below by clicking on the You Tube logo next to the person's name.

Ken Clayton, Founding & Senior Partner

Neal McCulloh, Founding & Senior Partner

Russ Klemm, Partner & Litigation Chair

Arlene Ring, Director of Public Relations

About "CM Update" The CM Update is a monthly digital newsletter, a complimentary service for our Association Clients and Managers. CM also features an additional monthly digital newsletter, "The Green Marble," an occasional special edition for CAMS "For Managers Only", 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.)

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.

Diamond Sponsors

Gold Sponsors

Orlando Office: Maitland The Clayton & McCulloh Building 1065 Maitland Center Commons Blvd. Maitland, FL 32751 Phone: (407) 875-2655 Fax: (407) 875-3363

Melbourne Office: Suntree/Viera Baytree Corporate Park 1301 Bedford Drive, Suite 102 Melbourne, FL 32940 Phone: (321) 751-3449 Fax: (321) 751-3450

Toll Free: (888) 793-1486 After Hours - 24/7: (407) 808-2553