Blogs
I Volunteer!
Russell Klemm | May 01, 2017
Volunteers are the lifeblood of Florida Community Associations. The members of the Board of Directors and officers of Florida Community Associations, as Not-for-Profit Corporations, are, after all, volunteers. An Association must also depend on volunteers to serve on any committees (Architectural…
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Re-charging your Association!…what should an Association do about electric vehicles…
Clayton & McCulloh | Apr 21, 2017
As technology increases its influence on daily life, one cannot help but notice the increasing chatter about electric vehicles. While fully-electric vehicles and “plug-in hybrids” represent only a small fraction of the number of vehicles sold each year in the United States, nevertheless, it goes…
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Let’s Get Down to Businesses
Neal McCulloh | Apr 10, 2017
A provision which prohibits all Business and Commercial Operations may prove problematic, as it may seek to prohibit all business and commercial activities (i.e., operations) within a community. Please appreciate that prohibiting business and commercial activities within communities has become…
Continue readingAlligators, Coyotes and Black Bears. Oh My! How Your Community’s Liability Is Changing
Clayton & McCulloh | Feb 08, 2017
Use of Terms and Conditions in Purchase Agreements
Clayton & McCulloh | Jan 25, 2017
Attorneys and REALTOR®s have sought to produce standardize contracts for the sale and purchase of real estate ever since I can remember. I have personally witnessed the evolution of these contracts over the past forty (40)+ years.
Continue readingChoose your own adventure! How your HOA may be conducting its annual elections improperly…
Clayton & McCulloh | Jan 10, 2017
Around this time every year, most of our Homeowners Association (HOA) clients are readying themselves for their annual meeting, including the election of the next year’s Board members. Under current Florida law, there is minimal statutory guidance for…
Continue readingThe Struggle of Notifying Out-of-State Condominium Owners
Clayton & McCulloh | Dec 05, 2016
As 2016 comes to an end, Condominium Associations find themselves sending out mandatory notices to Owners regarding budget proposals, declaration amendments, changes to monthly assessments, etc. But what if, as with many of Florida’s condominium owners, a unit…
Continue readingSingle Family Residential Use Restriction What it Means, What it Prohibits
Neal McCulloh | Nov 04, 2016
The term “single family” has been interpreted to mean multiple if not numerous things. In fact, the term may encompass a group of unrelated individuals living as a single household unit. Similarly, a religious group may qualify as a single family.…
Continue reading4th DCA Clarifies when an Association can Intervene in a Mortgage Foreclosure Action
Clayton & McCulloh | Aug 17, 2016
The 4th DCA has clarified in Jallali v Knightsbridge, 4D15-2036 (2015) when it is necessary for an Association to intervene in a Mortgage Foreclosure action. The 4th DCA has opined in the Jallali v. Knightsbridge case that only when an…
Continue readingThe Scoop on Fire Sprinkler Retrofitting
Clayton & McCulloh | Jul 19, 2016
The Florida Department of Business and Professional Regulation (DBPR) has announced that ALL residential condominiums in the state of Florida must install fire sprinkler systems, unless they vote to opt-out of this requirement by the end of 2016. …
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