The June Issue Includes:
- How to Reply to This Newsletter
- Don't Let Your Association Go Bye-Bye
- Kudos to . . .
- Free Live 2022 Mini Legal Update Webinar
- New Mini-Videos - Short Takes
- On Demand Board Certification Classes
- "Elective" On Demand Classes Available
- Board Certification Form Available
- And the Winner Is...
- Fourth of July Closure
- Get the Trending News with Facebook
- Two Ways to Follow Us on LinkedIn
- View Our YouTube Videos
- About the Green Marble
- CM Contact Information
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When replying with a question or a statement, please include your full name and legal name of your Association, if you are a Board or Committee Member and/or Resident, and if you are a manager, your name, name of the your Management Company or if you are an independent manager, the name of the Association you manage.
No acronyms please, unless your legal name is an acronym, This will expedite our reply to you as our database is by Association or Management Company.
Make a comment on our featured article or other articles by simply emailing pr@clayton-mcculloh.com. Don't forget to add your Association, email address, and phone number so we can get back in touch with you. We may even ask if we can publish your comment in the next issue.
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Don't Let Your Association Go Bye-Bye!
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Given their age, many Florida community associations are (often unknowingly) allowing their covenants to expire. Unfortunately not all such communities choose to use an attorney, or at least one whose procedures include notifying associations in advance that their covenants will expire under the Florida Marketable Record Title Act (“MRTA”). That expiration customarily (but not necessarily) occurs 30 years after the date the Declaration of Covenants was first recorded in the County Public Records. Avoiding this expiration is crucial; covenants cease to be enforceable once they expire, and remain unenforceable until they are “revitalized” through a fairly costly and time-consuming process. Essentially, the association has no covenants to enforce once they expire.
As our readers may be aware, maintenance assessments are levied by enacting a budget, and then calculating each owner’s proportionate share of that budget. Such a budget must be adopted, even if assessments which accrue while (or before) the covenant to pay them become unenforceable until they are revitalized. Once revitalization is accomplished, the association could reinstitute its collection efforts, but only regarding assessments and related charges which came due after that revitalization date; anything accruing earlier remains unenforceable. Likewise, an association’s nonmonetary covenants cease to be enforceable once they expire, and can only be enforced after they are revitalized.
Realizing that paying assessments and complying with nonmonetary covenants is essentially voluntary during this “interim” period, some less scrupulous owners decide not to do so. They cease paying assessments, maintaining their property, or even intentionally undertake construction specifically because they feel it’s allowed during this interim period. Those owners’ view is extremely shortsighted; the need to pay the cost of maintaining and operating the community, does not suddenly disappear when the covenants are not enforceable. Guess how the association must pay for those obligations (which do survive the covenants expiring): assessments! Likewise, all owners’ property values and relationships with neighbors are likely to diminish when they choose inappropriate actions and conditions on their property. To be clear, the covenants are temporarily unenforceable does not reduce or eliminate the crucial purpose they were enacted to serve.
As with assessments, covenant violations arising before a revitalization is complete may not be enforceable even after revitalization. At that point, a case-by-case evaluation with counsel should be undertaken regarding each violation, to determine how best to proceed. The Board could also consider a “Chattel Shipping” letter once the covenants are again enforceable. Such a letter essentially acknowledges the association’s past inability to pursue covenant violations, and intent to do so going forward. Once issued, the covenants can be enforced going forward, but the letter has no retroactive effect.
It is crucial to ensure your association’s covenants do not expire. Around 25 years after they were originally recorded, a discussion with counsel is highly recommended. The Florida Statutes now provide a fairly straightforward method of avoiding that expiration. If your covenants have expired and are not yet revitalized, it may also be a good time to create collection and nonmonetary covenant enforcement policies, which cam add clarity and uniformity in enforcement once the covenants are revitalized.
Please contact Arlene Ring if you’d like to discuss these matters with Clayton & McCulloh.
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Our Director of Public Relations, Arlene Ring, has received numerous kudos recently which we would like to share.
Jonathan Smith, the Secretary of Bella Trae Community Association (Promenade) had this to say about her work with Board Certification Classes "I needed my verification of my certification of a completed class as a board member of the Bella Trae Association. Ms. Ring helped me out on it. She is a wonderful ambassador for your firm."
Pamala Martinez of Shadow Ridge of Orange City HOA praised Arlene's speaking portion on the HOA Board Certification Class with "It was a great class and you made it personable. Thank you!"
Additionally, Rana Aboujaoude of Bivens Forest Condominium sang her praises on her expertise with assisting her Board with a selection of a management company. "Arlene was diligent in helping Bivens Forest find a new manager. She was resourceful and demonstrated strong communication skills on multiple levels from naïve board members to experienced managers using just enough legal jargon to give us confidence in the process. As associations go, emotions could have derailed the process, but she took firm charge and clearly outlined the goal posts so we were able to score. Without Arlene's insight, we may still be in the quagmire C&M found us in."
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Finally, Brenda Wentz of Highland Meadows had this to say "I just wanted to give a Big Shout Out to Arlene! Arlene is a great person to speak with - she has always been available to listen when I had a question or comment about any of the webinars or anything else. She is extremely knowledgeable, kind, sweet, friendly, and happy to help with anything she can or direct you to someone if needed. She is a real asset to CM and deserves recognition for all her hard work. She makes herself available anytime she's needed. Thank you, Arlene, for all that you do!"
From her paralegal work to seminars to creating new services to helping board members and managers with the challenges they face, our Director of Public Relations has gone above and beyond for thirty plus years 24/7/365 as part of the firm that Embraces Community!
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Live Free Mini Legal Update Webinar
Tuesday, June 14th at 6:00 p.m.
Door Prize
Catch up on what the Florida Legislature was up to this year on Tuesday, June 14th. What passed, what didn’t. And most importantly what bills Gov. DeSantis signed, enacting into law. Join our legal beagle, Russ Klemm, at 6:00 p.m. in our Live Mini Legal Update webinar for community associations. Also find out what issues may be building as we speak that might come up in the next session. There will be a question-and-answer portion where we will address live and pre-submitted questions. Pre-submit your questions about laws that passed or didn't pass with your registration, or email pr@clayton-mcculloh.com.
This webinar is being offered on a complimentary basis. However, a voluntary donation of any amount to our Annual Pet Drive to help the abandoned and abused pets of Central Florida with their veterinary bills would be much appreciated.
Those individuals who attend, send in their survey, and donate to the Pet Drive will have their name placed into a drawing for a gift card.
Pre-submit your questions about laws that passed or didn’t pass here.
Registration Deadline: Monday, June 13, 2022, at 5:00 p.m.
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Don't Forget to Register for
Our Short Takes
Alright, alright, alright! People are loving May's Short Takes! May's Short Takes which are now available are:
“All About Short Takes” with Arlene Ring, Director of Public Relations
“Fining Tips from Alan” featuring Partner, Alan Schwartzseid
“How to Read a Financial Statement” with guest community association expert - Bill Jackson, CPA
June's Short Takes will be making their debut late this month. They are:
"Title Searches: A Necessary Evil" with our
Founding and Senior Partner, Ken Clayton
"The Critical Elements of Turnover" featuring our
Founder and Senior Partner, Neal McCulloh
What is a CM Short Take? Glad you asked! It’s our brand new complimentary 10 minute or less (excluding introduction and closing) informal discussion presented by one of our attorneys, staff members, or guest expert speakers from the community association industry. Brand new for ’22, these pre-recorded short takes will include legal, and practical non-legal topics for associations’ board members, managers, committee members, and residents alike! Short and sweet. Be on the lookout for new Short Take posts each month!
There is an optional, five question survey you can take afterwards for which we will add your name to our monthly drawing for a gift card. If you make a voluntary donation of any amount for our Pet Drive for the Short Take, we will add your name in the drawing twice!
Do you have a suggestion for a topic or a speaker? Let us know below so we can work it in our schedule. This is a great opportunity to request any topics in a perceptible, consice presentation that is accessible and free. It may be an issue your association is facing or something you're interested in!
We will put your name in a special drawing for a gift card! This promotio ends August 15, 2022.
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All NEW Board Certification
CM On Demand Classes!
Plus Elective Classes
You read it right! We now have all new Board Certification Classes including all the major changes last year. Even if you are already, certified, we strongly encourage you to retake the course because of all the recent changes that affect community associations.
From the firm that Embraces Community, we now feature three Board Certification classes and multiple Elective classes - all on CM On Demand for viewing in the convenience of your own home and on your own time - throughout the 30 day viewing period.
This is a complimentary service for all active clients, however, they may make a voluntary donation to the Pet Drive of any amount. There is a small, $15 fee for non-client registrations, that directly benefits our Pet Drive.
For all of our CM On Demand Classes - please remember to carefully read and fill out the reservation form and instructions, prior to submission as errors may prohibit it from going through. Wait up to three minutes for the automated receipt banner confirming that the registration went through.
Do not share the links! If we receive notification that the link has been shared with an unauthorized individual, your association may be banned from taking future CM classes.
So, pop the popcorn, pour your favorite beverage, grab your pen and pad, and settle in for easy On Demand viewing on your computer, smart phone, or tablet! From the firm that Embraces Community, help us put you first with this personalized service.
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Here's Our
CM On Demand Elective Webinars!
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As of January 1, 2022, there will be a small fee ($5) for these webinars for non-clients. However, our active clients may view them on a complimentary basis, but may also make a voluntary donation of any amount to the Pet Drive. The money collected will be donated directly to animal rescue organizations. Please view our article, "We’ve Gone to the Dogs….and Cats…and," for more information on our Pet Drive.
The following CM Elective On Demand Classes are now available. Please view the class summary on our website and register at the link below.
Who Does What: Officers Duties
To Special Assess or Not to Access? That is the Question
What?!! We Can Be Sued Because of Our Website?
Elements of Community Association Insurance
Are You on the Eve of Destruction?
Effective and Destructive Posts on Social Media
Bad Board Members: What 'Ya Gonna Do When They Come for You?
Working with Acts of God
Paradigm Presents: The T's of Telecommunication
Oh, What a Night!
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Don't Want to Take the
Board Certification Class?
If you prefer not to take the certification class, CM offers the Board Certification form which you can use to opting out of taking the class. There is a $10 donation for this service that is exclusive to our clients. The donation goes directly to our Annual Pet Drive to assist the private non-profit 501 (3) (c) rescues with their vet bills.
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And The Winners Are . . .
You will have to "tune in" later in the month to find out who won the April and May Survey Contests! Winners will be announced in our upcoming CM Update. So keep a look out for the next issue!
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Happy 4th of July
CM will be closed Monday, July 4th, for our national holiday celebrating the birth of our nation. We hope each of you has a terrific holiday! We will re-open Tuesday, July 5th, at 8:30 a.m. Please remember that even if our office is closed, we are still available to you via our (407) 875-4429 number 24/7/365!
Our 24/7/365 service is just why we are the firm that Embraces Community!
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Get The Latest Trending News!
Like and follow us on Facebook for:
- Late Breaking News on topics affecting Community Associations,
- Seminar Invitations,
- Legal Updates,
- Human Interest Stories,
- and much more!
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Follow Us On LinkedIn for:
- Legal Articles for Community Associations,
- Legislative Updates,
- Advance Notice of Seminars, Webinar, and Special Events,
- Professional Manager Themed Information and more!
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Follow our Director of Public Relations, Arlene Ring, for:
- 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!
Connect with Arlene here.
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Have You Checked Out Our YouTube Channel?
Our attorneys have personalized videos on our website and our YouTube Channel covering different aspects of Community Association Law! See some of our newest videos below or check out our channel here.
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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 would no longer like to receive seminar invitations, up-to-date information and changes regarding Community Association Law, newsletters, or exclusive, premium CM services and know-how please contact us at pr@clayton-mcculloh.com.
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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Orlando Office: Maitland
The Clayton & McCulloh Building
1065 Maitland Center Commons Blvd.
Maitland, FL 32751
Phone: (407) 875-2655
Fax: (407) 875-3363
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Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553
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