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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.

The June Issue Includes:

  • Ask C&M
  • CM Offices Closed for Fourth of July
  • Explosive Situations
  • Kudos!
  • 2022 Mini Legal Update
  • And The Winner Is...
  • 2022 CM On Demand Board Certification Classes
  • CM On Demand Electives
  • CM Short Takes
  • Board Certification Form
  • Need a New Management Company or Other Vendor? We Can Help!
  • Have You Submitted Your Current Board Information?
  • The CM Florida Statute Service
  • Most Awesome Board Member Mugs
  • Like & Follow Us
  • Leave Us A Review
  • About CM Update
Ask C&M
Sweetwater Pointe HOA Vice President Ronda Sowder asks - "Our CCRs say that the only signs allowed on homeowner lots are for sale signs. I have been told that there is a federal law that overrides any HOA rule for political signs so that political signs are allowed. Can you please clarify if political signs are allowed in our community even though our CCRs state they are not?"
Partner Alan Schwartzseid answers - This is a question similar to some we receive fairly frequently. The “federal law” referenced in the question is likely the U.S. Supreme Court decision in City of Ladue, et al. v. Margaret P. Gilleo, 114 S.Ct. 2038 (1994) and similar cases. That case prohibits municipalities from restricting prohibiting political signage on residential property, as such prohibitions can infringe on the freedom of speech guaranteed by the First Amendment to the U.S. Constitution. It is crucial to note that Florida community associations are not generally considered “government actors,” and are not held to the same standards as those municipalities with respect to free speech. While some restrictions do apply, Florida community associations generally do have the power to adopt covenants which restrict political signage. 

The problem of covenant interpretation is what tends to trip up some community associations. Some association covenants ban certain categories of signs, which can make enforcement easier or more difficult depending on the terms included in the covenants themselves, and how they are enforced in practice. For example, a covenant which prohibits political signs may seem straightforward; however, who gets to define “political?” The answer is not the Board as you may think – it’s a judge or jury! Likewise, questions may arise if a flag contains political speech, and the association covenants prohibit political “signs” (without clarifying whether “signs” include flags). Regardless of these potential issues, a total ban on all signs regardless of content (other than “for sale” signs) as described in this inquiry essentially removes the risk of any need for interpretation, and leaves an association in a stronger enforcement position. To be clear, such restrictions are enforceable, regardless of any political content of the signs involved. It is, however, strongly recommended that such restrictions be enforced in a timely, uniform, consistent manner, to avoid most other potential defenses to such enforcement.

Finally, regardless of any covenants limiting or restricting signage, Florida community associations cannot prohibit residents from displaying certain U.S. military, state, or federal flags, even if their covenants purport to limit or restrict flying those flags. See, e.g., F.S. § 720.304(2). 
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Explosive Situations -
Can My Association Restrict Fireworks?

By Partner Alan Schwartzseid &
Katelynn McAraw, PR Assistant
Many of our Fourth of July festivities will include friends and family, barbecues, and fireworks. Although many attend fireworks celebrations hosted in the community, many of us also love smaller-scale fireworks events in our neighborhoods and driveways. This begs, the question: what can and can't our Homeowners' Association restrict regarding fireworks this upcoming Fourth of July?

Although your HOA can generally restrict the use of fireworks throughout the year, if the Governing Documents so provide, F.S. Chap. 791, Sale of Fireworks, and specifically F.S. § 791.08, prohibits homeowners associations from restricting fireworks on the following designated holidays from the privately-owned lot or other parcel of an owner within a recorded-covenant community –
 
        New Year's Day, January 1st;
        Independence Day, July 4th; or
        New Year's Eve, December 31st.

Notably, this statute does not allow residents or guests to light fireworks or allow debris to accumulate, on Association common areas. Associations can still prohibit unauthorized use of those areas, even during these designated holidays. As a homeowner, it's best to confirm with your HOA (and specifically, its governing documents) that your festivities will not violate any pre-recorded covenants or rules and regulations, regardless of the holiday, bearing in mind the above limitations on the associations’ governance.

We suggest that any fireworks-related restrictions by homeowners associations be limited with respect to designated holidays, subject to the following guidelines. Specifically, they should be: (i) established by properly approved and recorded amendment to the Association's Declaration; (ii) limited to prohibiting only the discharge of fireworks from the Association's Common Areas or other Association-owned property; and, (iii) worded so as to clearly not seek to restrict, prohibit, or otherwise restrain Owners from discharging fireworks on the designated holidays from an owner's property. In no way and in no manner should the Association seek to restrict the discharge of fireworks by unpublished rules or regulations, or on a non-common area lot/parcel.

Presuming that residents are permitted to discharge fireworks within your community, and notwithstanding any legal permission, it is common courtesy to notify neighbors before setting off fireworks. Although fireworks are a popular festivity during the 4th of July weekend, not everyone finds these activities joyful. Veterans with post-traumatic stress disorder and many of our family pets find the stress of fireworks overwhelming and traumatic. Verifying that everyone's celebrations this holiday are stress-free is an excellent, neighborly way to look out for the health and wellbeing of your community.

For those concerned about the effects of fireworks on veterans, see VA guidance (here) or on pets; see American Kennel Club guidance (here).
 
Of course, before using fireworks this 4th of July, please follow all local safety guidelines, as well.
 
We at Clayton & McCulloh P.A. wish you a safe, fun-filled 4th of July!
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4th of July Closure 
Our office will be closed Monday, July 4th in observance of Independence Day.

Should you need us, please use our 24/7/365 contact number: (407) 808-2553.
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.

  • 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 clicking the button below. Your kind words are not automatically published in our newsletter or Facebook page unless you specifically authorize same.
2022 Mini Legal Update
Original Presentation - June 14, 2022
Featuring Partner Russ Klemm, our 2022 Mini Legal Update webinar was a hit! We had a great attendee turnout and were able to answer many pressing questions about the 2022 legislative session. Addressing what bills were and weren't passed this legislative session and how they impact homeowners, this was a must see for all board members and managers. However, if you missed it, stay tuned for our On Demand 2022 Mini Legal Update!
And the Winner Is...
A special thank you to the 2022 Mini Legal Update Attendees who received the following Thank You Gifts:

Most Awesome Board Member Mug

Zulfia Dicanova, Director - Green Briar Village Club
Brian Radacker, Director - Salt Springs Mobile Home Association
Michael Feely, Director - Bouchelle Island Community Services Association
Glenn Rosen, Director - Green Briar Village Club
Patricia Newman, Resident - Granada Homeowners' Association

Clayton & McCulloh Marble & Green Pens

Dennis Motyka, Vice President -
Bent Oak at Meadowridge Homeowners' Association
Penny Jacobs, Resident - Park Lake Towers Condominium Association
Lynne Guitar, Secretary - Salt Springs Mobile Home Association
Denise Snyder, Manager - Emmer Management
Joann Beck, Manager - West Cove Management

And our Grand Prize Visa Gift Card Winner:

Kirsten Vaughan, President -
Lake Howard Terrace Condominium Association
2022 CM On Demand Board Certification 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 goes directly to the 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.
Announcing Our CM On Demand Elective Webinars!

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!
Short Takes Logo
Feature Heading
Don't Forget to Register for Our Short Takes!
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, concise 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 promotion ends August 15, 2022.
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

Watch our websiteFacebook page, LinkedIn pages, and newsletters for new Short Takes as they become available.
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.
Time for a New Manager or a New Vendor?
We Can Help!
It's that time of the year again when Associations are thinking "Wow! This is more work than I want to do," or "Not sure about our present manager - maybe we should look into possibly hiring a new one?" Does this describe how you are feeling?

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 Manager! If you have a Manager 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 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 ext. 129 or at (407) 808-2553 after hours/weekends. You can also make a request by clicking the button below.
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. Simply click on the button below. Why is it important? Check out the reasons on this form.
Does your Association have a Florida Statute book?

If not, look into our Florida Statute Service! Including new updates!

You asked for it and now it's here! 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 (perfect for easy note taking and customization). The book includes various Statutes relevant to the particular book’s community type plus numerous educational, legal articles on the basics of operating your Community Association. 

Complimentary annual updates to the books will be provided electronically on the 15th of September and January of each year.  The cost of each book is $70.00 (includes tax).

Most Awesome Board Member Mugs
Do you know of a Board Member that is really awesome? 

Managers – would you like to show your appreciation to your Board Members?

Buy one or more of our beautiful, gold metallic Most Awesome Board Member Mugs. 

Ship to your preferred address or pick up at our Maitland office.
Connect With
Us on LinkedIn
Director of Public Relations - Arlene Ring
  • Articles addressing practical issues with solutions for Community Associations' Board & Committee Members,
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  • Special Interest information for CAMs and Community Association Vendors,
  • and more!
Connect with Arlene Ring - Here
  • 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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  • and much more!

Subscribe to 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.
Ken Clayton,
Founding & Senior Partner
Neal McCulloh,
Founding & Senior Partner
Russ Klemm,
Partner & Litigation Chair
Arlene Ring, Director of Public Relations
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If you have a particular service or staff member that has made your work with Clayton & McCulloh especially notable, leave us a review on Google or on Facebook.
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.

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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
1065 Maitland Center Commons Blvd.
Maitland, FL 32751
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