As you may be aware, this year’s Florida legislative session ended with an unprecedented early adjournment of the Florida House. As a result of an early adjournment, the most consequential bill for community associations, Senate Bill 736/ House Bill 611, was…
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Blogs
Short and sweet legislative update for most associations
Clayton & McCulloh | Jul 24, 2015
Just When You Thought it Was Safe to Collect Your Assessments . . .
Clayton & McCulloh | Jul 10, 2015
A homeowner has fallen behind on his Association dues. The Association proceeds with collections, getting as far as filing a complaint with the Court.
But then the homeowner’s mortgage lender comes along and files a…
Continue readingFlood and Overflow Insurance Exclusions in Hurricane Season
Clayton & McCulloh | Jul 07, 2015
Big winds usually grab the headlines. But as recent mega-storms such as Katrina and Sandy and the Texas deluges have shown the real punch of these storms comes in the form of rising water and water damage. Very few property insurance policies provide flood/…
Continue readingFirst in Time, Last in Line!!!???
Clayton & McCulloh | Jun 23, 2015
Typically, when we think of the priority of recorded documents in the public records, we believe that whoever records their document first has priority. While this is typically the case, when it comes to mortgages and promissory notes, that is not necessarily…
Continue readingAmenities
Clayton & McCulloh | Jun 11, 2015
Amenities can define a community. If golf or nature or other features attract residents, both residents and their guests take advantage of the opportunities such features offer. In some communities, certain activities may be open to the public or…
Continue readingThe Journey Through the Maze of Estate Planning: Way Point Number 2 – Children
Clayton & McCulloh | Jun 03, 2015
We now arrive at our second way point in our journey through the maze of estate planning, i.e. children, and the role they play in the attorney’s craft of estate planning.
From time immemorial, children have been a major…
Continue readingAssignment of Bid and Safe Harbor
Clayton & McCulloh | May 12, 2015
HOA and COA’s may finally see some relief in the Safe Harbor nightmare that they currently are faced with. The Florida Statutes, as they are currently written, require Banks, who are the foreclosing first mortgagee, to pay an Association the lessor of 12…
Continue readingDoes it seem that your Community Association is wearing a large target, that your community is now, increasingly, the target of law suits?
Florida Community Associations are under fire from both inside and out by individuals and…
Continue readingAre You Practicing Law Without a License? The Common Pitfalls and Dangers for Association Board Members
Clayton & McCulloh | Apr 03, 2015
The Unauthorized Practice of Law (“UPL” as it is commonly referred) by a member of a Condominium or Homeowner Associations Board of Directors is an ever-present danger that carries substantial risk to Associations and Directors alike.
… Continue readingHeads The Condo Unit Owners Win, Tails, The Condo Unit Owners Lose!!
Clayton & McCulloh | Apr 02, 2015
Notwithstanding the fact that unit owners successfully sue their own Condominium Association, and that a Final Judgment, including attorneys’ fees and costs, is entered in favor of the unit owners and against their Condominium Association, the Condominium…
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