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…
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Blogs
Assignment of Bid and Safe Harbor
Clayton & McCulloh | May 12, 2015
Does 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…
Continue readingCommunity Residential Homes…or…when a seemingly commercial use of a home may NOT be a commercial use of a home
Clayton & 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 readingThe Journey Through the Maze of Estate Planning Way Point Number 1 - Marriage
Clayton & 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 readingPets: Service & Therapy Animals – Part I
Clayton & 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…
Continue readingFormer Board Members Must Turn Over Association Files
Clayton & McCulloh | Jan 21, 2015
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 readingDoes One Size Really Fit All?
Clayton & McCulloh | Jan 07, 2015
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 readingTo Enter or Not to Enter: Association’s Right to Enter Property Without the Consent of the Owner
Clayton & McCulloh | Dec 15, 2014
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…
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