Issue: If your association was destroyed by fire or some other hazard, and it did not make sense to rebuild, how would the funds be divided? Problem. Odds are that you don’t know the answer. The fact that you don’t know should scare you. Is every unit in your association worth the same amount? I […]
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 »
A condominium association in Milwaukee has historically faced heavy delinquency issues. Through The Condominium & HOA Law Team’s assertive collection methods, the firm collected more than $290,000 in assessments, interest and legal fees for the association since 2013. A substantial portion of the $290,000 resulted from the sale and/or rental of 10 units that became
Facts Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit. Like most Declarations, it provided that “[e]ach Unit Owner shall pay his proportionate share
Developer Liable for Assessments on Unconstructed Units Read More »
Facts Plaintiff, Cohen (“Tenant”) and Defendant, Clark (another tenant, “Clark”) leased separate apartments in the same building on the same day, July 21, 2006. Both leases prohibited pets in the building or on the premises. Tenant picked the apartment in part because of its no pet policy, as she had a severe allergy to pet
Another Helpful Emotional Support Animal Case Read More »
The Board of Directors always has the power to make and amend Rules and Regulations on its own, without owner approval…right? Wrong. The Board’s rule-making power and authority completely depends upon what authority is given by the Declaration and Bylaws, and as we know, all associations’ Declarations and Bylaws are different! This is true in
Know What is in Your Documents—The Board Might Not Have the Authority You Think it Does… Read More »
Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and Mrs. Mills (“Mills”) bought a home in the subdivision called Galyn Manor. In 2007 Galyn Manor began fining Mills for a commercial work vehicle parked in their driveway in violation
For years the FDCPA (Fair Debt Collection Practices Act) has been used as a sword by debtors and debtors attorneys as a means of exacting revenge from those creditors attorneys who failed to strictly, and I mean STRICTLY, follow every small detail of the law. It reached the point that one court called it a
FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors Read More »
Attorney Daniel Miske recently shared his expertise on a variety of topics with readers of www.HOAleader.com, a resource for HOA and condo board members nationwide. To read the full articles, click the links below: Don’t Dance with the Bear, AKA How to Limit Harassing Condo/HOA Records Requests How to Curb a Flood of Record Requests
Dan Miske Shares Expertise With Readers of HOAleader.com Read More »
The Business Judgment Rule can be a great protection for condo and HOA boards—but only if the board is following the documents. Facts. The Declaration for an HOA stated that the Board had the discretion to raise the “maximum annual assessment” without a vote of the homeowners as long as it was “in an amount
How is the Business Judgment Rule Applied to Board Actions? Read More »
