K&C Wisconsin Team

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Claims for When Developers Have TOO Much Control of Association

Facts Montana Developer of three condominium-hotels at Big Sky Ski Resort sold units subject to Declarations that required “all unit owners to use [Developer], or an agent designated by [Developer], as their exclusive rental agents,” when renting out their condominiums.  The Declarations also provided that “Unit owners may decline to renew the rental management contract

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Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1)

Facts Plaintiff, Coley, owns a home in an HOA, the Eskaton Village (“Association”).  Two other Eskaton named entities (“Eskaton”) develop and support HOAs.  A five-member board runs the Association, subject to the Declaration.  Eskaton has always controlled three of the five directors on the Association Board because it owns 137 of the 267 units.  The

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Association Academy: If it Weren’t for the People, Association Living Would be Perfect

Some frequently encountered legal challenges and issues that can prove time-consuming and costly when mishandled. Topics Condominium legal document review Collections from a debtor’s perspective Handling disruptive unit owners and residents Arbitration Hoarders and foreclosures Rentals and smoking Construction issues]

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