Most condominium associations’ Declarations and Bylaws give the Board of Directors the power to create and amend Rules and Regulations. But Boards must take caution, because Rules that are well-intentioned and that seem to make sense for your community may be found unenforceable by a court.
That Rule we Just Passed is Enforceable…Right? Think again… Read More »
In Welsh v. McNeil, 162 A.3d 135 (2017) a board member and unit owner (“Board Member”) sued another unit owner (“Landlord Unit Owner”) for violation of the Association documents claiming that the Landlord Unit Owner violated the leasing provisions by allowing someone (the “Tenant”) to occupy the premises who was not on the lease. The
Can Your Association End a Unit Owner’s Suit by Post-Suit Filing Actions? Read More »
Facts. The documents required the consent of the first floor unit owner if the second floor unit owner wanted to erect a terrace above a first floor unit. When the first floor unit owner refused to give consent, the Board waived the consent requirement and allowed the second floor unit owner to construct a terrace,
Who Says the Board Can’t Favor Resident Owners? Read More »
Yes! Thankfully, if the association has not been doing so, there is a way to reduce your back-tax liability, interest and penalties. Do you have parking that is rented out by the Association? Do you charge different monthly assessments for those with a parking spot? Do you charge a fee for a boat dock or
Parking Spaces – Should Your Association be Charging and Collecting Sales Tax? Read More »
Wis. Stat. 895.52 and the related cases The starting point for recreational immunity is to understand that the purpose of the law is to induce property owners to open their land for recreational use. Therefore, recreational users are to bear the risk of the recreational activity. Held v. Ackerville Snow Club, 2007 WI App 43,
Recreational Immunity in Wisconsin – What You Need to Know Read More »
When a mortgage company faces having its mortgage interest swept away in a quiet title action following an HOA lien foreclosure, the mortgage company comes up with all sorts of arguments as to why its mortgage should remain intact. This time, the arguments did not carry the day. Facts. In a 2017 Nevada case, a
Can a Court Set Aside a HOA-Lien Foreclosure Sale Because the Sales Price Was Too Low? Read More »
Facts This case involved a dispute between the owner/operator of a golf course and the owners of adjacent property in a residential community. Originally all the land was owned by one entity, that then sold lots overlooking the golf course at a premium. The deed for the property in the residential community described the property
It has long been recognized that liens are statutorily created rights and consequently are strictly construed. What this means in English is that you can’t simply substantially comply with the lien filing laws. If you want your lien to be valid it must meet all of the statutory requirements and be filed timely. The Florida Court of Appeals
Everything is “Fine,” So Long as You Strictly Follow Your Documents Read More »
Under the law in most states, and certainly in Wisconsin, the Board of your condominium association controls any changes to the exterior appearance. This is generally based on a statute that can’t be changed even by the governing documents. However, things are changing. Across the country many laws are being passed that require the Board
2018 Condo & HOA Issues Read More »
There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules for the reasons set forth below, it is important for Associations to be aware of these new liability traps.
You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations Read More »
