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K&C Wisconsin Team

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Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

Wisconsin /

Summary A company that handled fee collections for an Association engaged in unlawful practices when it falsely indicated that a lien had been filed against two homeowners. Facts Plaintiffs Chad and Caitlin Truhn fell behind on their assessment payments to their Homeowner’s Association. In their agreement with the Association, the Truhns agreed to pay the […]

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Declaration Amendment – Sometimes There is No Other Way to Accomplish Something

Wisconsin /

A unit owner sought to expand their unit by building additional living space on the roof of the association. The declaration, like all declarations, defined the various units and their locations.  Unlike many declarations, this one allowed top floor unit owners to expand their units on the roof of the building.  Expanding a unit would,

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Stuck with the Tab: Initiating Suit Over “Common Elements” Without Association Approval can Lead to Unit Owners Covering Unexpected Attorney Fees

Wisconsin /

IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits the association as a whole. DETAILS: A shared sewer system in Adams County, Wisconsin, was the focus of a recent dispute between the Sunset Condominiums at Northern Bay Owners Association

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Conflicts of Interest and The Boards Power to Interpret the Governing Documents

Wisconsin /

What you need to know: Where the governing documents or the statute place the authority to interpret the governing documents with the board, the board’s interpretation will be binding unless unreasonable. However, if a director has a conflict of interest, the director can’t be part of the decision making process or the vote and must

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GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE

Wisconsin /

Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association.  The restrictions had been recorded in 1981.  The letter stated that the kennel constituted a “noxious or offensive activity.”  Defendants tried sound proofing the kennel in response.  Plaintiff’s then sued

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Insurance is NOT all the Same-Another Case Proving Why You Need an Insurance Committee

Wisconsin /

Facts: The facts in the case of Forrest v. The Ville St. John Owners’ Association, Inc., No. 2018-CA-0175 (La. Ct. App. Nov. 7, 2018) are straightforward.  In March of 2016 there was a fire.  It damaged common element and the Forrest unit.  The Association had two insurance policies: one for Property and one for Community

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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You…

Wisconsin /

As Condominium and HOA attorneys, we often receive questions from our clients dealing with all the issues that can get in the way of conducting a successful annual meeting. Most often, it is the issue of not being able to achieve a quorum of owners in attendance—which stymies the Association’s ability to hold Board member

If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You… Read More »