Attorney Daniel Miske was recently quoted in a Community Association Management Insider Article, “‘Continuous Operation’ Language Declaration Requires Association to Keep Lift Working”:

Lessons for Community Associations

Associations would be wise to review their governing documents to determine whether the documents impose similar strict obligations.

“If the declaration and bylaws put a duty on an association – which they do — make sure you plan for that duty by either complying or having the document amended to something the association can accomplish,” says Daniel Miske of the Milwaukee, Wis. “In the Indiana case, an emergency back-up generator might have been required considering the use of the word ‘continuous.’”