The May Issue Includes:

  • How to Reply to This Newsletter
  • Introducing the Marvelous Morgan Swenk
  • Covenants - How Past Requirements Can Affect Future Owners
  • FCAJ Win
  • Coming in 2022
  • CM Short Takes
  • Gone to the Dogs
  • Mini Legal Update Webinar
  • BRAND NEW CM's On Demand Board Certification Classes
  • CM's On Demand Elective Classes
  • Get Your Board Certification Form Here!
  • Mediation Services Now Available
  • Have You Submitted Your Current Board Information?
  • Free Referral Service Available
  • Mother's Day
  • 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.

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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.
Introducing the Marvelous
Morgan Swenk

Have you had a chance to speak with her? Who you ask? The Marvelous Morgan Swenk! The newest legal addition to our team! 

Morgan is a seasoned attorney with fourteen years legal experience with a background in title insurance, foreclosures, and litigation. She has also served as an Assistant City Attorney for the City of Maitland. She is working in our Collections Department with our Partner, Alan Schwartzseid, and our dedicated Collection paralegals.  A Seminole fan, Morgan received her Juris Doctor Degree from Florida State University.

But there is so much more to Morgan. She is an avid reader, a Cub Scout Leader, a birdwatcher (raptors are her favorites), a mother to an eight-year-old son, and wife to Erik Swenk who is running for Seminole County Court Judge, Group 5. But that’s not all! She embraces CM’s official charity, Private Pet Rescue Drive as she is a fur mother to three rescue dogs (one senior and two puppies)!

CM is excited to have Morgan as one of valued team members.
FL Supreme Court

Covenants - How Past Requirements Can Affect Future Owners
by Morgan Swenk, Esquire


The recent Florida Supreme Court ruling in Hayslip v. U.S. Home Corporation, Case No. SC19-1371 (January 22, 2022) should make property owners seriously consider using counsel who is well-versed in title issues, to review the original deed transferring their property from the builder to the original owner, and all subsequent deeds in the chain of title, as part of their property purchase. Specifically, this recent case held that if any of those deeds contain provisions that bind the property, they remain effective against new owners, even if those new owners were unaware or these “covenants running with the land,” and even if the covenant is not mentioned in the last several deeds. This also impacts our firm’s Community Association clientele, insofar as the Association could otherwise unwittingly take title to a property through foreclosure or deed in lieu thereof, without knowing it is subject to these covenants and must comply with them or seek to eliminate them.

Hayslip purchased property from the original owner in 2010, and the Deed to Hayslip stated that it is “subject to easements, restrictions, and limitations…”. In 2017, Hayslip sued the builder alleging construction defects, without first completing the arbitration required by the deed-referenced covenants. The trial and Appellate courts found, and the Florida Supreme Court later agreed, that the performance of the covenant affected the occupation and enjoyment of the home, as it dictates how Hayslip must seek to correct building defects, and therefore the arbitration provision was a valid covenant running with the land by which Hayslip and subsequent purchasers of that landowners were bound.

Florida law divides such covenants into two major classes:

(1) real covenants which run with the land that bind the heirs/assigns, because they “touch and involve the land or some right … appurtenant thereto and tends necessarily to enhance the value of the property or renders it more convenient and beneficial to the owner…” Maule Industries, Inc. v. Sheffield Steel Products, Inc., 105 So. 2d 798, 801 (Fla. 3d DCA 1958); or

(2) personal covenants which bind only the covenanting parties personally.
(Palm Beach Cnty. v. Cove Club Invs. Ltd., 734 So. 2d 379, 382 n.4 (Fla. 1999))
A valid and enforceable covenant running with the land must: (1) touch and involve the land; (2) be an intention that the covenant run with the land; and (3) provide notice of the restriction against whom enforcement is sought. Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261, 265 (Fla. 4th DCA 2007). Real covenants running with the land include Association Covenants, Conditions and Restrictions, Declarations, and easements. 

A deed covenant may be enforced against a subsequent owner and is not extinguished with the transfer of the property if that owner had notice of the covenant. That includes mere “constructive notice” which everyone is considered to have regarding all recorded instruments in Florida, under section 695.11, Florida Statutes. In this case, a subsequent purchaser would be on notice of a prior deed recorded in the official records of the County and therefore bound by the covenants noted.

(Park Ave. BBQ & Grille of Wellington, Inc. v. Coaches Corner, Inc., 746 So. 2d 480, 482 (Fla. 4th DCA 1999), See also Hagan, 186 So. 2d at 310.).
Based on Hayslip, Developers/Builders may begin including more restrictions in their deeds, limiting the remedies available to subsequent owners of the property. Therefore, moving forward, it would not only be prudent, but should likely become common practice, to include the original deed and subsequent deeds in any and all title searches conducted to determine not only whether they are subject to the Covenants, Conditions and Restrictions of the Association, but also whether those subsequent purchasers are bound to broader covenants of which those new owners (or Associations) do not have actual knowledge.
Another Win for CM! Thank You!

Every year since 2015, you have launched us into the Diamond Level (the highest level of winners) of the Florida Community Association Journal's Readers Choice Awards and this year was no exception!

Thank you to all the board and committee members, managers, residents, and association vendors who voted for us! We are truly honored to have received your vote of confidence.
What’s New Coming in 2022!

Big changes are coming to our educational programs for board members, managers, committee members, and residents this year.

In 2022, we are shifting our focus from the live webinars to our Short Takes and additional CM On Demand Classes (pre-recorded classes to be taken at your convenience). As outlined in our article below, while there will be a heavier emphasis on our monthly complimentary Short Takes and Short Takes Plus - we will also be offering live webinars from time to time such as:

-       Mini Legal Board Update” on Tuesday, June 14th at 6:00 p.m.
-       What Every Board Members Show Know” (non-legal information for board members) presented by Arlene Ring (date to be determined)
-       Coyotes, Bears & Toads: Oh My!” (date to be determined)

There will also be additional CM Elective Classes on Demand this year such as:

-       Working Effectively with your Attorney” presented by Ken Clayton
-       Building Community” (getting more residents involved) presented by Arlene Ring
-       But I Don’t Look Good in Orange (How NOT to Commit the Unauthorized Practice of Law)” - Speaker to be determined

Our CM On Demand Classes including brand-new Board Certification Classes for HOAs, Condo/Cooperatives, and Mobile Home Parks and the Elective On Demand classes are available on a complimentary basis for active clients. For non-clients there is a $15 donation for Board Certification Classes and $5 for Elective Classes. All money collected will be placed into our Annual Pet Drive for a non-profit 501(3)-(c) private pet rescue to assist with the vet fees. However, we are accepting voluntary donations in any amount from our clients for the Pet Drive.

Through the surveys we received, requests via phone and email, and requests through various social media outlets, we found more people were requesting CM On Demand Classes versus live webinars. The popular thought was people could view the class at any time as they may not be able to attend a live seminar/webinar due to the time and/or place. Therefore, this year we will be expanding our CM On Demand library.

Do you have a topic you would like to see in a live or pre-recorded webinar? If so, provide your suggestions by using this link. We aim to submit your topic suggestions now please so! 
Short Takes Logo
The Short Takes Are Coming!
The Short Takes Are Coming!
Nope! They Are Here!
  
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. Our goal is to post two or more Short Takes each month.

Making their debut now 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

Watch our website, Facebook page, LinkedIn page, and newsletters for new Short Takes as they become available.

There is an optional, five easy peasey survey you can take afterwards for which we will add your name to our monthly drawing for a gift card. And 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. It can be anything. Some of the suggestions we have received are:

How To Take Meeting Minutes

What is the Difference Between a Voluntary and
a Mandatory Community Association?

How to Prepare a Covenant Enforcement Case for your Attorney

Preparing for Turnover: Residents Coming Together

Corporate Reports: How Do I File That and Why is so Darn Important?

C’mon folks! Here’s your chance to have a topic presented in an informal, short and sweet, free discussion. And we will put your name in a special; drawing for a gift card! This promotion ends 90 days from the debut of the first Short Take.
We’ve Gone to the Dogs….and Cats…and

What is our Pet Fund? CM’s pet charity are nonprofit 501-3-c private pet rescues that generously take in abandoned, abused, injured, or owner surrendered pets. At the end of each year, we will out all the money collected through our educational classes, add our donation to what was raised and donate it to one of these private rescues.

As you may know, the private pet rescues have medical expenses for every pet that they take in. For each pet accepted into rescue, the pet is provided with:

-       Veterinary exam
-       Vaccinations
-       Dental cleaning and extractions
-       Heartworm
-       Spay/neuter

Some pets may enter rescue with cancer, Cushing’s, or other severe medical issues and these rescues take care of these pet needs. A misconception is that the vets donate all the treatments. While they very generously provide a 10% discount on the medical service, the rescues must pay the balance. And to do that – they must raise that money.

CM admires the men and women who so generously give of their time and their pocketbook by taking in these pets, fostering them, providing love and behavioral training, and address their medical needs so they can be adopted out to a loving family. And they only charge a fraction of the expenses for their adoption fees.

To help these rescues, every cent we raise that is associated with our educational outreach goes to one of these rescues.  If you are a non-client, there is a fee for our webinars; $15 for Board Certification classes and $5 for Elective classes. And the short takes are free. As a thank you for being a client, all our programs are available as on a complimentary basis, but we welcome a voluntary donation of any amount for our Pet Drive.
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 and discover what laws (if any) were signed into law that affects community associations. Also find out what issues may be building as we speak that might come up in the next session. There will be plenty of time to ask questions and hear pre-submitted questions.

This class 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 donate to the Pet Drive will have their name placed into a drawing for those who attended and turned in a survey for $25 gift card. 

Pre-submit your questions about laws that passed or didn’t pass here.
Here's What People Are Saying About the
CM On Demand Board Certification Classes!

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 and enlightening. The length of the seminar was good and the information covered was most appropriate." Thomas Stamates - Water Oak Estates HOA
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 massive changes last year. Even in you have taken this before, we strongly encourage you to take it again because so much happened last year that affected community association.

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 at your preferred time of day!

You can take these classes at 2:00 a.m. on a Saturday, or whenever your heart desires. You have thirty days in which to view the class. After that time period, you will need to register again for the class.

Some points to remember for all of our CM On Demand Classes:

  • Do not share the links! If it is found that you shared a link, your Association may be banned from taking future CM Classes.

  • Each person must complete their own reservation.

Don't forget to read the website description and your Confirmation & Instructions email in depth as it will expedite receiving your Certificate within the time period listed on the website. 

Don't forget to review your Reservation form before hitting the "Submit" button as errors may prohibit it from going through. Wait up to three minutes to see the receipt banner which is the confirmation it went through.

There is a small fee for the class ($15) which goes directly to our Pet Fund for non-clients. This class is offered on a complimentary for all active clients, however, they may make a voluntary donation to the Pet Fund of any amount.

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! 

Another personalized service from Clayton & McCulloh, the firm that Embraces CommunityShouldn't your Association have a law firm that puts you first?




Announcing
Our CM On Demand Elective Webinars!
As on 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," above 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 for any of these classes

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!
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 Fund to assist the private non-profit 501 (3) (c) rescues with their vet bills.
Alan Schwartzseid...THE Solution
For All Your Mediation Needs!

CM is so pleased to now offer the services of our Partner, Alan Schwartzseid as a Certified County and Circuit Court Mediator. If you need a mediator for an association, company, or individually - Alan is your man!

To book this dynamic mediator, or to receive more information, please contact our Director of Public Relations, Arlene Ring, at aring@clayton-mcculloh.com, or at (407) 808-2553.
Have You Submitted Your Current
Board information to Us?

Clients, it is very important to submit your current Board information to us within thirty days of being elected. Why is it important? Check out the reasons on this form. Click client button below.

Non-Clients who would like to update their Board to receive newsletters and event information, please use the non-client button below.
Time for a New Manager or a New Vendor?

Need a new manager? Perhaps a new landscaper/lawn maintenance company?

If so we can help. Whether you are a client or a non-client, we provide a complimentary Management Company Referral Service to help you find a Management company or a new Manager! If you have a Manager you are not happy with presently, we always recommend trying to work it out with them as you have a history which is quite valuable. If you are uncomfortable about approaching your current Manager or Management Company, as one of our clients, we can contact the company or Manager to see if we can assist in resolving the issues.

Do you need a landscape, insurance, painting, or roofing company? We can help! We also offer a complimentary Vendor Referral Service to help you find vendors who work with associations like yours. We have many vendors that we can refer to you and your fellow board members to help make your job easier.

For more information on this service, please call our Director of Public Relations at our office at (407) 875-2655, x129 or at (407) 808-2553 after hours/weekends. You can also make a request by clicking the button below.
A Very Happy Mother's Day to all the wonderful Mothers out there! CM hopes you will be spending time with your mother on this joyous holiday coming up. And if your mother is no longer on this Earth, Happy Heavenly Mother's Days to those Moms who are saving us a seat the big dining table in the sky.
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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. See these videos below.
Ken Clayton,
Founding & Senior Partner
Neal McCulloh,
Founding & Senior Partner
Russ Klemm,
Partner & Litigation Chair
Arlene Ring,
Director of Public Relations
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.)
Orlando Office: Maitland
The Clayton & McCulloh Building
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Maitland, FL 32751
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