Blogs

In the last several years, Clayton & McCulloh has received a number of inquiries from our clients as to whether a certain owner of a home within a residential community (HOA, Condo, etc.) would have the right to run a “community residential home”…

Continue reading

In Florida, there are three types of concurrent ownership by two or more persons: a) Joint Tenancy; b) Tenancy in Common; and c) Tenancy by the Entirety. A Tenancy by the Entirety can only be vested in married persons. Even though a conveyance does not specify that…

Continue reading

There is a growing trend in community associations nation-wide arising from recognized changes in the Fair Housing Act (the “FHA”) as well as in the Americans With Disabilities Act (the “ADA”) that require pets, primarily dogs, to be permitted…

Continue reading

With the start of the New Year, many Associations will be having their Annual Membership Meetings within the next month or two.  Because some Directors may not be re-elected or decide not to accept nomination to be a Director again, issues may arise regarding…

Continue reading

I recently heard a popular estate planning guru boldly make the following statement: “Everyone should have a living revocable trust.” Because of this person’s popularity in social media circles I saw many blind followers respond in ‘…

Continue reading

Unfortunately, many associations must deal with the dilemma of how to respond when an owner is less than cooperative.  Take for instance, an association that has a governing document requiring the association to provide pest control.  What happens when the…

Continue reading

The holidays bring out the festive spirit in many of us. For many Associations, the holidays include lights, statues, decorations, and festive adornments on neighborhood properties. However, as we each have our own opinion as to what is tasteful and appropriate holiday…

Continue reading

The Florida Condominium Act requires that notice of all Board Meetings specifically identify the agenda items and be posted conspicuously on the condominium property for at least 48 continuous hours before the meeting, except for in the case of an emergency. …

Continue reading

If you are a member of a Community Association in Florida (a Condominium Association, Cooperative Association, or Homeowners Association), then you have the absolute right to access your Association’s “Official Records.”

… Continue reading

Does your homeowners association conduct nominations from the floor at its annual election?  Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to choose to forego nominations from the floor as a part…

Continue reading