The December Issue Includes:

  • Vote for Clayton & McCulloh - Florida Community Association Journal
  • Michele Cloutier Retiring after 14 Years with CM
  • Ask C&M
  • CM Offices Closed for New Years Eve
  • Make CM Your Registered Agent
  • Applause, Applause!
  • 2022 CM On Demand Board Certification Classes
  • CM On Demand Webinars
  • Affidavit Request
  • 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
  • Follow us on Facebook and LinkedIn
  • CM YouTube Videos
  • About CM Update
  • Our Sponsors
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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.
Final Chance to Vote for
Clayton & McCulloh!
The Florida Community Association Journal's Readers' Choice Award

We’ve been nominated once again for the Florida Community Association Journal’s Readers’ Choice Awards! If you think we are deserving of your vote, we would greatly appreciate it if you took the time to vote for us. Simply click on the button below, and follow the instructions on the page. Voting ends December 31st at midnight!
Cloutier Enters Next Chapter

By Arlene Ring, Director of Public Relations

The year is 2007 and CM is looking for to hire a new position – Filing Assistant. The position requires someone who will pay attention to detail as so many of our clients have remarkably similar names. Someone who is very patient with trying to find files to place legal papers. It had always been a challenge as you never knew who had the file. They have to be meticulous in filing papers correctly (these were the days before electronic filing). It was a position with challenges, and we needed an incredibly special person to fill it.
 
In walked a bright, seasoned individual with tremendous management background in a Fortune 500 company. I could not understand why someone like this individual would consider an entry level position compared to what they had done previously. But I was told they wanted a new challenge without the headaches of management in retirement. I could not believe my luck – here before me was a flawless diamond. I offered the position to Michele Cloutier, and she accepted it.
 
Michele has been with our firm for fourteen years and will be retiring for the final time to enjoy life. Michele played a big part in ushering us to electronic filing while still maintaining back-up paper files. She was always there to assist in any facet that needed addressing. As our back-up receptionist, her customer service skills were placed into the spotlight. She was instrumental in implementing many internal processes as the years went by.
 
Through all the years, Michele has been a very dependable and loyal team-mate. CM will miss Michele and appreciates all her contributions these last fourteen years. She will be missed – especially by me. I always told her that she was one of the best hires I made for the for the firm over the past thirty years and with her goes a piece of my heart.
 
Join us in wishing Michele a bon voyage into the next chapter of her life.
Ask C&M

Ask C&M is a monthly column from the firm that Embraces Community. Each month, we take a question from one of our readers.

This month features a timely question raised by Sandy C. of Leesburg, Florida. Her question is:

"We have beautiful large trees in our community. Residents are cutting them down on their lots because they don’t want to rake leaves or clean gutters. Can a land condominium (we own both our lots and homes) board require homeowners to get a property mod for tree removal? Is there any way to discourage or preventing homeowners from removing trees? Permits are required in Lake County, but the tree removal companies are not getting the necessary permits and the county gives the permits with little discretion.

So my question is, can we add tree removal to our rules and regulations or architectural standards as a requirement that must have Board approval?"

Partner Alan Schwartzseid provides this answer:

These tree-specific architectural guidelines should be generally authorized by – or specifically included in - the Declaration. The general authorization could be in the form of blanket authority to govern trees, landscaping, etc. on individual lots, and specified in the Architectural Guidelines, or it could be specified in the Declaration itself. Once included, the Architectural Review Committee or similar body would ostensibly be authorized to determine (preferably based on objective criteria specified in the Architectural Guidelines) when and how those trees may be removed or not, and whether they must be replaced with similar trees or landscaping, etc. While the Board may be able to implement a Rule and Regulation addressing this issue, and while one may argue that such Board adopted Rule and Regulation should be valid, such Rule and Regulation would be far more challengeable, especially as:
 
  1. Board adopted Rules and Regulations must be reasonable to be enforceable, and
  2. Board adopted Rules and Regulations would be unenforceable if they conflict with the law (e.g., the Florida Statutes) or any of the other Governing Documents. 

If you have Community Association questions that you would like answered, please submit your questions using the button below. We regret that we cannot answer every question and cannot answer a question that requires us to review your Association's Governing Documents.
CM Closed for New Years Eve

The offices of Clayton & McCulloh will be closed Friday, December 31st in observance of New Years Eve.

Should you need us, please use our 24/7/365 contact number: (407) 808-2553.
The Filing of Your
Annual Corporate Report
Is Around the Corner!
 
Make CM Your Registered Agent!
It’s a Complimentary Service!

Soon, if not already, you will be receiving notice from the State to file your 2022 Corporate Report providing your Board Member information and Registered Agent. 

Do you know what a registered agent really is and why your law firm should be your registered agent? Registered agent accepts legal services of legal documents such as lawsuits and other legal matters. So, doesn’t it make sense to have your law firm be your registered agent rather than a board member, manager, management company, or other professional?

To take advantage of this complimentary service and protect your Association, contact David Batan, Coordinator of Client Services, at our office or email him at dbatan@clayton-mcculloh.com. He will coordinate obtaining the proper paperwork.
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.
2022 CM On Demand
Board Certification Classes

Great News! The great news first. We are so excited to offer brand new Board Certification Classes with all new material (including all the new updates in the law) with dynamic PowerPoint designs. The attorneys will be adding everyday examples to assist you in your duties. These new classes will be available February 1st (or possibly sooner). At some point in the first half of the year, we will also be offering live Board Certification webinars. So, watch our newsletters, website, LinkedIn page, and/or Facebook page for the dates and times.

Not so Good News! Until that time, we have removed our CM On Demand Board Certification classes only (elective classes are still available) from our website.  BUT we wouldn’t leave you hanging without a solution. You have ninety (90) days from your election to the Board of Directors to take the certification class. In the interim, we will provide you an Affidavit opting out of taking the class which will serve as a “temporary pass” until our new classes are available. While we strongly recommend against opting out of the class with the intent of not taking the class, we suggest using it as a “temporary pass” and will notify you when the new classes are available. If you would like this Affidavit to use as a temporary pass and be notified when the classes are available, please click on the button below.


Announcing
Our
CM On Demand Webinars!
Who Does What?
Officers' Duties Breakdown

Original presentation was September 30th

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
Here are some of the comments made those that attended this extremely popular webinar:

"Arlene was very engaging and informative," "Arlene makes the information lively and entertaining," and "Arlene's enthusiasm and bits of humor are great." Other reviews praised the content and execution of the program along and how CM's webinars were so informative and couldn't be beat! Partner Alan Schwartzseid joined Arlene for the Q&A and received high remarks for his insightful comments and comradery with Arlene.

Make a reservation to see this creative webinar!
Social Media Bulletin Brd
Are You On the Eve of Destruction?
Effective and Destructive
Posts on Social Media

Original presentation was August 26th

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
Chalkboard Web Design
What?!! We Can Be Sued
Because of Our Website?

Original presentation was May 20th

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
Elements of
Community Association Insurance

Original presentation was September 16th


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.

Speaker: Kevin Halvorsen
of Sihle Insurance
Money
To Special Assess or Not to Assess?
That is the Question!

Original presentation was October 21st

What do you do when your Association is faced with a major project and reserve funds are not adequate to cover the cost? What if you are faced with an unexpected emergency such as clean up after a storm or a pipe bursting unexpectedly? What are your options? In this webinar we are going to discuss the various factors and key components when faced with the decision to fund improvements and repairs. Topics will include: Project Cost Financing, Special Assessments, Documentation, Collateral, Loan Structure, Term Loans and Non-Revolving Line of Credit, Revolving Lines of Credit and Their Uses, Repayment and Prepayment, and Which Players Should be Involved in the Process and Decision Making.

Featuring, Cathi Dorn & Randy Pennington
of SouthState Bank and
Partner Alan Schwartzseid
Man slapping face at laptop
Bad Board Members:
"What ‘Ya Gonna Do When
They Come For You?"

Original presentation was April 29th

Bad Board Members! Like the headline says, what are you going to do when they get on the Board and board life becomes so much more challenging to say the least? Some Board Members just throw up their hands and hope the bad board member will go away. But in reality, does that really happen? Usually not. And in many instances, it can get even worse. So, what do you do with one of these “problem children?” 

Well, we have some answers for you in our brand-new CM On Demand presentation of “Bad Board Members: What ‘Ya Gonna Do When They Come For You?”   The original presentation of this class was April 29, 2021, featuring our Partner, Russ Klemm, and our Director of Public Relations, Arlene Ring. This duo teamed up to present the legal and practical solutions in working with bad board members. This 1½ hour class received rave reviews when originally presented. And, if you like this class, make a reservation for our September 30, 2021, class “Who Does What? Officers' Duties Breakdown” featuring Arlene Ring and Partner Alan Schwartzseid.
CM On Demand
Board Certification Classes

We now feature three Board Certification Classes, as well as our 2020 Vendor Panel discussion "Oh, What A Night!," and all of our 2021 Webinars, all 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 a Board Certification class unless you have put aside 2 – 2 ½ hours to view within twenty-one (21) calendar days of making the reservation. ("Oh, What A Night!," "The T's of Telecommunications for Communities," and "Working With Acts of God" have no restrictions.

  • DO NOT SHARE THIS LINK. 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 tattletale 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 five (5) 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. 

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 on how to receive your Certificate of Attendance. 

Another personalized service from Clayton & McCulloh, the firm that Embraces CommunityShouldn't your Association have a law firm that puts you first?
Here's What People Are Saying About the
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 ane enlightening. The length of the seminar was good and the information covered was most appropriate." Thomas Stamates - Water Oak Estates HOA
Don't Want to Take the
Certification Class?

If you prefer not to take the board certification class, please use the button below to request an Affidavit "opting out" of taking the class.
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 or a new 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 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 via extension 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.
The CM Florida Statute Service

Yeppers! You asked for it! And it is now here! The Florida Statute 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 handsome 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 informational 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). Order by clicking the button below.
Most Awesome Board Member Mugs

Do you know of a Board Member that is really awesome? Would you like to thank another Board Member for their service? Managers – here’s a way to show your appreciation to your Board Members! Buy one or more of our beautiful gold metallic Most Awesome Board Member Mugs. Order your mug today! You may have it shipped to you or pick up at a seminar/our Maitland office.
Get The Latest Trending News!

Follow us on Facebook and you will receive:

  • Late Breaking News on topics affecting Community Associations
  • Seminar Invitations
  • Legal Updates
  • Human Interest Stories
  • Much more

This isn't your parents' Law Firm Facebook Page. Like Us on Facebook!
Follow us on LinkedIn

Follow CM on LinkedIn and you will receive:
  • Legal Articles for Community Associations
  • Advance Notice of Seminars, Webinars, and Special Events
  • Legislative Updates
  • Professional Manager Themed Information
  • and more!
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 YouTube video? No? Check out our videos below by clicking on the person's picture you want to view.
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 
Toll Free: (888) 793-1486
After Hours - 24/7: (407) 808-2553