Facts Association Board adopted a resolution that unit owners in the Association who self-rented but did not join the rental pool would need to pay 20% of their rental income to the Association because the self-renters “did not contribute financially for the extra expense of their leasing activity or for the beneficial services provided by […]
Fees for Self-Renters Who Don’t Enter the Rental Pool are Legal Read More »
If your condominium association documents include restrictions on occupancy (how many people can reside in a unit), be aware of what the federal law states on the issue to avoid potentially costly lawsuits brought by disgruntled unit owners. While it is legal for a condominium association to adopt and enforce occupancy policies, those rules (and
Enforcing Occupancy Requirements in Your Condominium Read More »
Summary The United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. SO make sure you get everything you should in your lien filing. I want to thank attorney William Z. Kolobaric and Hirzel
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
Turnover – Considerations for your Condominium Board of Directors and Officers Read More »
What happens when a fire caused within a condominium unit destroys that unit, some common area, and damages other units? It becomes an expensive situation for the association. Even though insurance should pay for all of the damages, the association’s insurance premiums going forward could increase dramatically. This is exactly what happened to a small condominium
Unit Fire Increases Association Insurance Premiums Read More »
Walsh v. Hawthorn Hills Owners of Rochester, Inc. 2023 WL 4144757, Not Reported in N.W.Rptr (Michigan, 2023) What you need to know:
Can a New Capital Project be Paid by Annual Assessments – YES Read More »
Does your Association have rules that target children? Does your Association have rules that apply differently to children and adult residents within the community? The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law. Facts In a federal district court
Rules that Target Children Really Target Your Association (for Discrimination Lawsuits) Read More »
In a recent case out of North Carolina, Rash v. Waterway Landing Homeowners Association, Inc. 801 S.E.2d 375 (2017), a unit owner in a condominium complex sued the Association for negligence after she slipped and fell on a moldy wooden walkway in the complex after a night of rain. The unit owner stated that she
Negligence and the Association Read More »
Those of us involved in condominium management, whether as board members, officers, property managers or attorneys, know that VRBO and AirBnB have changed the way units are rented. Short term rentals are viewed by many associations as a problem that should be solved. Specifically, these associations and managers would prefer that short rentals (most often
Can I Use the Prohibition on “Commercial Activity” to Preclude Short Term Rentals? Read More »
Disgruntled unit owners love to review their association documents and then demand every document that they think they might be entitled to. In this case, the court made clear that reasonableness and discretion will play some part in what must be provided. The Facts In December of 2014 the Plaintiff sought to inspect the Associations
Inspection Rights of Unit Owners are NOT Endless Read More »
