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.
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Blogs
Use of Terms and Conditions in Purchase Agreements
Clayton & McCulloh | Jan 25, 2017
Choose 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. …
Continue readingWhat Did The Legislature Do To Us This Year? The 2016 Legal Update – Part I
Clayton & McCulloh | Jun 24, 2016
This year, the Florida legislative session extended from January 12, 2016, through March 11, 2016. Our Florida legislators had filed no fewer than 24 bills in the House of Representatives and the Senate proposing various changes to the laws affecting community…
Continue readingThe Journey Through the Maze of Estate Planning: Way Point Number 4 – What is the Gross Value of Your Estate?
Clayton & McCulloh | Jun 06, 2016
You might be asking yourself, ‘what difference does it make whether the gross value of the estate consists of a simple 3 bedroom house valued at $100,000 or is valued at $10 Million?’ The answer to this question has both a legal implication as well as a…
Continue reading“Yeah, I dry my laundry the old fashioned way . . .”
Clayton & McCulloh | Dec 30, 2015
I read recently about a resident in an upscale HOA community who spent her summer vacation in Maine. While there, the resident became accustomed to putting her clothes out to dry on a clothesline, per local custom. The resident assumed, however, that upon…
Continue readingFormer Board Members Must Turn Over Association Files – Part II
Clayton & McCulloh | Dec 15, 2015
In my prior “Blog” entitled “Former Board Members Must Turn Over Association Files”, we discussed Directors’ responsibilities and requirements to turn…
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