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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Blogs
Former Board Members Must Turn Over Association Files – Part II
Clayton & McCulloh | Dec 15, 2015
“Shady situations. Who has responsibility for maintenance and replacement of trees?”
Clayton & McCulloh | Oct 28, 2015
As a number of communities that we represent have aged, an increasing number have come to us with questions as to who has responsibility for maintenance and replacement of trees. As many of you know, especially for communities built in the 1990s, many local…
Continue readingFuture of Community Associations
Clayton & McCulloh | Sep 25, 2015
As communities age and populations age and expand in Florida, developers and associations both face new challenges that are vastly different from the ones overcome since the turn of the century. The advent of this century brought such issues as insurance and…
Continue readingSquatters, Don’t Get Any Ideas
Clayton & McCulloh | Sep 24, 2015
While Clayton & McCulloh encourages ingenuity and invention on the part of their clients (with the advice of counsel, of course), the following scenario is an example of what the great Charlie Murphy would probably call “line stepping.”
… Continue readingThe Journey Through the Maze of Estate Planning: Way Point Number 3 – Caretaker(s) of Minor Children
Clayton & McCulloh | Sep 15, 2015
In my last blog we discussed the role children play in the attorney’s craft of estate planning. As we turn the corner and approach Way Point #3, we need to discuss the related issue of minor children and, more importantly, to whom the testator would want to…
Continue readingWho Pays When An Association Acquires A Vacant Lot?
Clayton & McCulloh | Aug 18, 2015
An Association forecloses on a vacant lot in the neighborhood and takes title after foreclosure. The scenario is not uncommon; especially in neighborhoods that are developing, expansive, affluent, or newly built. But if the Association holds record title to a vacant…
Continue readingPudlit 2 Joint Venture, LLP vs Westwood Gardens Homeowners Association
Clayton & McCulloh | Aug 06, 2015
HOA’s and Association Attorney’s in Florida are watching closely the outcome of the Appellate Case Pudlit vs. Westwood Gardens HOA, Case No.: 4D14-1385. The 4th DCA on May 27,…
Continue readingShort and sweet legislative update for most associations
Clayton & McCulloh | Jul 24, 2015
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…
Continue readingJust 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/…
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