Blogs
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…
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Holiday Décor: Ho Ho Ho, or Bah Humbug?!
Clayton & McCulloh | Jan 03, 2022
The holidays can bring out the best in a community: parties, lights, statues, and festive adornments throughout the neighborhood are common and largely welcomed in community associations. However, there is certainly disparity between what some members adore as tasteful, festive, and appropriate…
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Notice of Late Assessment Made Simple
Clayton & McCulloh | Nov 19, 2021
In June, we notified readers that beginning July 1, 2021, the Florida Statutes would begin requiring a Notice of Late Assessment (“NLA”) as the new “first step” in the community association assessment collection process.
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Can I Serve as a Member of Our Board of Directors?
Russell Klemm | Oct 12, 2021
Anyone seeking to serve as a member of the Board of Directors of a Florida Community Association will need to determine their eligibility to run for the Board, or to be appointed as a member of the Board of Directors.
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Nuisance
Neal McCulloh | Sep 21, 2021
Of all the violations a community association must deal with, nuisances are perhaps the most troublesome because of their inherent uncertainty. Unfortunately, determining what constitutes a nuisance and determining when to take action with respect to a nuisance is somewhat troublesome. While it…
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Lessons from the Catastrophe at Surfside Beach
Russell Klemm | Sep 01, 2021
The recent catastrophic collapse of the condominium building in Surfside, Florida, was a tremendous shock to all Floridians and, particularly, to condominium residents.
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Florida’s Legislature Gets One Right – and A Few Wrong
Clayton & McCulloh | Jun 30, 2021
This year’s Florida legislative session was fairly productive for community associations. Among the statutory amendments scheduled to take effect July 1, 2021 are two which could significantly impact our clients’ covenant enforcement and collection procedures, and we are thus supplying this brief…
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Changes in the Law for “55 and Older” Communities
Russell Klemm | Jun 25, 2021
Florida Law governing “55 and Older” Communities, which Communities are permitted to exist under exceptions to the Federal and Florida Fair Housing Acts (Chapter 760.20), has been revised. The revisions to the Statute no longer require a “55 and Older” Community to file bi-annual reports to the…
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Ding Dong! Association Calling!
Arlene-Frances Ring | Jun 24, 2021
Starting a new resident off in your community may be one of the most important tasks you do as a Board Member. If a resident is welcomed into the community and in a warm, friendly manner advised of their responsibilities as a member of a deed restricted community, it can pay off in dividends to…
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Does the new Florida Statute implementing liability protections for COVID-19 related claims completely protect Associations?
Neal McCulloh | May 14, 2021
The simple answer to the question whether the new Florida Statute regarding liability protections for COVID-19 related claims (FS 768.38) completely protects association is…No. However, this does not mean:
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