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K&C Wisconsin Team

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You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations

Wisconsin /

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. […]

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HB Aids Association in Successful Defense of Mold & Water Intrusion Suit

Wisconsin /

The Condominium & HOA Law and Construction & Design teams defended a condominium association in a mold and water intrusion jury trial in Milwaukee County.  The plaintiffs consisted of a family of four who alleged that they had to move out of their condominium unit because of significant health injuries caused by the water and

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Building in HOA Common Area – MUCH More Costly Than Owner Thought (Because of Association Attorney Fees)

Wisconsin /

The Garrett’s purchased their property in the HOA in 2001.  The CCR’s required an owner to obtain the approval of the architectural control committee (“ACC”) before doing any construction on the property.  The Garrett’s submitted plans to build a pool in their backyard, but the original plans were rejected by the ACC because the plans

Building in HOA Common Area – MUCH More Costly Than Owner Thought (Because of Association Attorney Fees) Read More »

Association Academy: The 10 Commandments of Association Management – September 25, 2020

Wisconsin /

Please join the Condominium & HOA Law Team as we reveal the 10 commandments of what association management “Shalt Not” do while governing. Together, we’ll cover the basics of what homeowner associations (HOAs), condo boards and managers need to know. We’ll also dive into the nitty gritty of assessment collections. Presenters Lydia Chartre, Partner, CCAL

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“Related Wrongful Acts” Can Exhaust an Association’s Liability Insurance Policy Limit

Wisconsin /

IMPRESSION: The ruling in Great Am. Ins. Co. v. State Parkway Condo. Ass’n, No. 17-cv-3083 (N.D. Ill. Sept. 11, 2018), should serve as a cautionary tale to Condo and HOA boards. DETAILS: In Chicago, a unit owner of a condominium located at 1445 North State Street filed an Illinois state discrimination claim in 2007 against

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Delinquent Owner Pays Assessments, But Refuses to Pay Interest, Late Fees or Attorney Fees. NOW WHAT?

Wisconsin /

A Court in Louisiana recently took up the issue of what to award in interest, late fees, attorneys’ fees and costs when a Unit Owner paid the underlying assessments, but refused to pay anything more. (English Turn Property Owners Association v. Contogouris, 228 So.3d 793 (2017)). In this case, a Unit Owner and its Homeowners’

Delinquent Owner Pays Assessments, But Refuses to Pay Interest, Late Fees or Attorney Fees. NOW WHAT? Read More »

Can a Group Home be Built in a Single Family Association under the FHA – YES

Wisconsin /

Facts Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act.  Association counter sued alleging breaches of deed restrictions.  Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction. 

Can a Group Home be Built in a Single Family Association under the FHA – YES Read More »

Wisconsin Condominium and Homeowner Association Owners Need to Follow their Rules Even When they Are Not Recorded.

Wisconsin /

Facts When you are headed down the wrong path – TURN BACK.  This applies to owners and associations when they act on their belief of what their documents say, but then learn that their understanding may be wrong.  Often parties who make a mistake, or learn that they might have made a mistake, refuse to

Wisconsin Condominium and Homeowner Association Owners Need to Follow their Rules Even When they Are Not Recorded. Read More »

Road Maintenance – Who Pays? (Duties under Association Documents and Case Law)

Wisconsin /

Facts A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a roadway easement.  The road connected the four condos and other properties.  The master deeds for each association were recorded in the 1970s.  In 2013, Plaintiff, Bayberry Group, Inc. (“Bayberry”) sought

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