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K&C Wisconsin Team

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Litigation With City Results in Municipal Ordinance Favoring Association

Wisconsin /

A Wisconsin condominium association was built as many condominium projects are — with privately owned roads. The difference with this development is that it was part of a larger development plan — one that forced it to share its private thoroughfares with neighboring associations and an apartment complex. Over time, as residents purchased units in […]

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Can Homeowners Sue an Association for Increasing Assessments Where the Association Did Not Receive the Requisite Votes Required?

Wisconsin /

Facts Diane Steele owned a home in the Diamond Farm development, which was managed by the Association. While in accordance with the Association’s declaration of covenants, conditions and restrictions, the Association must obtain at least two-thirds of the members’ total votes to increase annual assessments, assessment increases in 2007, 2011, and 2014 did not receive

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What to do When Heavy Delinquency Impacts Cash Flow

Wisconsin /

Our long-time client, a condominium association in Milwaukee that historically faced heavy delinquency issues, was unable to fund its expenses due to very heavy delinquency rates. Among the expenses the association could not fund were its legal expenses. The association owed more than $30,000 in legal fees and costs, but had twice that in collections.

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Condominium Association Liable for Construction Defect it Had a Duty to Maintain

Wisconsin /

Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway.  Mr. Schnurr fell off his bicycle and fractured his neck.  He became a quadriplegic as a result of

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The Good, Bad & Boring – 2018 Amendments to Wisconsin’s Condominium Law

Wisconsin /

In 2018 three separate acts amended Chapter 703 of the Wisconsin Statutes. Chapter 703 is Wisconsin’s Condominium Ownership Act.  The amendments mostly took effect on April 18, 2018, but some will go into effect later in the year.  (For an in-depth review of the actual laws: 2017 Senate Bill 131, 2017 Assembly Bill 518 and

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Special Assessing an Insurance Deductible Back to a Unit Owner

Wisconsin /

In Illinois, a Court recently ruled on a Condominium Association’s attempt to charge back an insurance deductible to one of its members (Gelinas v. Barry Quadrangle Condominium Association, 74 N.E.3d 49 (2017)). This particular association had a fire originate in an owner’s unit resulting in damage to not only the specific unit, but the entire

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Do We Have to Perfectly Follow the Declaration or is Close Good Enough?

Wisconsin /

Summary An entity that ultimately bought the prior interests of the declarant learned the hard and expensive way that not perfectly following the documents can be very costly. The Facts Property owners brought action against declarant and their associations seeking a declaratory judgment that declarant was not a proper successor declarant and requiring the alleged

Do We Have to Perfectly Follow the Declaration or is Close Good Enough? Read More »