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You Got Served! Now what?!

Clayton & McCulloh | Oct 21, 2019

So you’ve been served with a lawsuit or petition for arbitration. The question is what to do with the documents? Do you get nervous and concerned, and simply respond? No – a response without understanding the law could hurt your defense more than helping. Moreover, except in small claims court, a… Continue reading

Foreclosure Sales and What They Mean for Your Community

Clayton & McCulloh | Sep 11, 2019

For many community associations, collection of past-due assessments plays a major role in the annual legal budget (although in successful collections, the attorney’s fees and costs incurred are collected from the delinquent owners). These past-due accounts create a myriad of challenges, such as… Continue reading

The Importance of Maintaining Your Digital Records

Clayton & McCulloh | Jul 11, 2019

Few statutory provisions are more exploited by owners, cause more expense and (legally permissible) harassment, or disrupt an association's operation, more than Fla. Stat. §§ 718.111(12)(c) (relating to condominium associations) and 720.303(5) (relating to community associations other than condos,… Continue reading

You Win! So What?!

Clayton & McCulloh | Jul 11, 2019

Contrary to popular belief, obtaining a final judgment in a lawsuit should not be treated as a “game over” scenario. It is indeed a crucial first step toward obtaining what you’re looking for, but in reality, it means little more than that a judge agrees that you are entitled to something from the… Continue reading

How to Handle Lenders' Foreclosure Delays

Clayton & McCulloh | May 15, 2019

A lender's foreclosure action can create challenges for community associations seeking to collect past-due charges. Because a first mortgage lender can generally eliminate the association's lien and/or ownership, as well as certain pre-title charges, some associations cease collection when a… Continue reading

The “Quick and Dirty” Mid-Legislative Session Update

Clayton & McCulloh | Apr 10, 2019

Today we are at the virtual halfway point of this year’s legislative session. Most years there are a number of bills that are proposed that attempt to either regulate or impact community associations. This year, that is an understatement. We are currently monitoring more than eighty (80!) bills… Continue reading