The law does NOT require a Board to extend additional time to owners to pay assessments just because of the COVID 19 pandemic. While such policies may show a concern for members of a community, probably without realizing it, those policies may also have significant adverse effects on the Association, especially in 2020. What you […]
Assessment Collections and COVID-19 – Part 2 Read More »
Courts across the country have been hearing cases about short-term rentals of homes and condominium units, and there is not much consistency in the decisions made. Sometimes, it is the homeowners’ association that is trying to enforce its covenants in a manner that prohibits short-term rentals, and sometimes it is a municipality trying to enforce
Short-Term Rentals—A Tale of Two Cases Read More »
Facts The parties to this suit both reside in a condominium association. Each party owns a unit, and each has parking spaces. The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the
Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable Read More »
When a Board or Property Manager sends a Unit Owner to its attorneys for collection, the Board or Property Manager should refer ALL communications from the Unit Owner relative to the debt, including the request for any pay off, to the attorney. Discussion by the Property Manager or Board with the Unit Owner almost always
Collections – Reconciliation of Unit Owner Ledgers and Conversations with Unit Owners Read More »
2021 Senate Bill 283 is being proposed to create Section 710.20 of the Wisconsin Statute relating to the maintenance and repair of private roads with access easements. Essentially the bill, if passed into law, would require all persons that have a right to use a private road or driveway to contribute to the maintenance and
Wisconsin 2021 Senate Bill 283 – Maintenance and Repair of Private Roads Read More »
The Board of Directors of a condominium association has a fiduciary duty to make sure that all owners pay their dues and assessments. It is important that associations develop a collection policy and follow it consistently, as a collection policy of doing nothing could be a breach of a board’s fiduciary duty. Having knowledgeable and experienced legal
Condominium Collections: Why Foreclosure is the Best Option Read More »
I recently read an article on the difference between condominium and homeowner association officers and directors by an attorney out of Ohio, Jennifer B. Cusimano of Kaman & Cusimano, LLC. It was well written, clarified a subject that is often confused, and inspired me to do my best to explain the difference to our readers.
What is the Difference Between Community Association Directors and Officers? Read More »
Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a
About twenty years ago my friend attorney Jonathan Levine wrote a handout that was entitled “MINUTES…NOT HOURS!” It gave a great account of what was and what was not needed in the minutes. Rather than re-write what he wrote, I simply copied (with minor additions) his list below:
Minutes of Meetings – What You Need to Record Read More »
Frequently we are asked about either inconsistent association documents or advised that although our documents say X we have always done Y so won’t our past precedent control? The answer is NO. Your documents control. You must follow what your documents say, unless there is something in them that is illegal or against public policy.
YES – Wisconsin Condos and HOAs Have to Follow Their Association Documents Read More »
