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 readingClayton & 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 readingClayton & 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 readingClayton & 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 readingClayton & 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 readingClayton & 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…
Continue readingClayton & McCulloh | Mar 06, 2015
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 readingClayton & McCulloh | Feb 27, 2015
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 readingClayton & McCulloh | Feb 10, 2015
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…
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