When the Fair Debt Collection Practices Act (“FDCPA”) was initially written many believed that lawyers were exempt from its requirements. However, the US Supreme Court ruled shortly thereafter that the FDCPA also applied to attorneys who were debt collectors. Whether an attorney was a debt collector essentially amounted to whether or not a regular […]
Fair Debt Collection Practices Act Bill of 2017 – H.R. 1849 Read More »
As many of you know, on July 30, 2020, Governor Evers of Wisconsin issued Executive Order #82 declaring a public health emergency to combat COVID-19, and Emergency Order #1 requiring individuals, with certain exceptions, to wear face coverings if: “The individual is indoors or in an enclosed space, other than at a private residence; and
If you are seeing a lot of unfamiliar faces coming and going from a unit in your Association, it is possible that the owner is renting his unit on a short term basis. The Short Term Rental (“STR”) market is thriving worldwide, through such well-known websites as AirBnB and Vacation Rental By Owner (VRBO) to
Dealing With Short Term Rentals/AirBnB Read More »
It is well known that Association Board members (directors) have fiduciary duties to their unit owners and associations. It is almost as commonly known that the officers have the same fiduciary duties. Yet associations, directors and officers are often sued for failing to meet their duties. Unfortunately, directors and officers often contribute to their risk
12 Things My Board and I Do When We Want to Be Sued Read More »
A recent case in Florida (MacKenzie v. Centext Homes, 208 So.3d.790 (2016)) was not bashful about holding a developer to the same rules as other property owners in a Homeowners’ Association (“HOA”). The HOA in this case was still largely under developer’s control during the period in question. The developer controlled Board included a reserve
Developer Held to Same Rules as Other Owners Read More »
Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the
A recent case in Colorado (Tyra Summit Condominiums II Association, Inc. v. Clancy, 2017 COA 73) held an Association trying to amend its Declaration to the strict standards for timing and details contained in state statute. The law in question required a Condominium Association attempting to amend its declaration to send out notice of the
Compliance With State Laws is Important Read More »
Summary In Florida, mere ownership of a condominium makes you liable for all assessments which come due while you are an owner AND all assessments of previous owners. The Facts Defendant, Fla Trust Services, bought the condominium in question on July 26, 2016 by quit claim deed. The seller was Homes HQ, LLC who had
Owner Liable for Prior Owners Assessments – Who Knew? Read More »
In 2022, the Wisconsin legislature adopted additional provisions to the Condominium Ownership Act that affect all Wisconsin condominium associations. Because the new statutes require condominium associations to take affirmative action, your association needs to be aware and get prepared.
While many states have strong protections for private property, Associations can adopt architectural guidelines.
Association Can Adopt Architectural Guidelines Read More »
