K&C Wisconsin Team

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Self-Dealing by Director is a Breach of Fiduciary Duty (Case 2)

Facts Plaintiff, Ms. Carmichael, is on the board of directors of Commerce Towers Condominium (“Association”).  On the board with her is Mr. Frese and Mr. Vickers.  Mr. Vickers, Mr. Frese and Mr. Tarantino are the officers of the Association. (collectively “Officers”).  All three are also the officers of Tarantino Properties, Inc. (the “Management Company”). Carmichael

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Dan Miske Quoted in Community Association Management Insider

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

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Association Academy: Condo and HOA Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals

Thank you to all who attended our virtual Association Academy on May 26 – Condo and HOA Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals.  No need to worry if you missed it, we recorded it for you, and you can access at any time. To view the recording click HERE as we review fine

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Insurance Subrogation – Not Against A Condominium Tenant

Summary An insurance company can’t sue a condominium tenant in subrogation, even if they were negligent in starting a fire. The Facts The Declaration required the association to “obtain and maintain a … policy of all risk property insurance” for the association.  The Declaration also required the policy to name as insureds the unit owners

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Turnover – Considerations for your Condominium Board of Directors and Officers

Is your condominium or homeowners association currently controlled by the declarant/developer? Would you like to be prepared when the developer is ready to hand over the reins to you, the owners?  In Wisconsin, developer turnover is governed by Section 703.15 of the Wisconsin Statutes.  To ensure a seamless transition, there are certain steps associations should

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